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Common use of Redelivery Clause in Contracts

Redelivery. Upon: (a) the occurrence of any Termination Event which is continuing and if the Owners decide to retake possession of the Vessel pursuant to paragraph (d) of Clause 52 (Owners’ options after occurrence of Termination Event); or (b) the expiry of the Agreed Charter Period (and subject to no Total Loss having occurred, no Purchase Option being exercised and no Purchase Obligation being fulfilled); or (c) the Owners deliver a Purchase Obligation Notice to the Charterers under paragraph (b) (Purchase Obligation - outbreak of war) of Clause 56 (Purchase Obligation and transfer of title) but the Charterers fail to pay the relevant Purchase Obligation Price on the Purchase Obligation Date; or (d) the Owners deliver a Termination Notice to the Charterers under paragraph (k) (Illegality) of Clause 40 (Hire) but the Charterers fail to pay the relevant Termination Sum on the Termination Payment Date, the Charterers shall, at their own cost and expense, redeliver or cause to be redelivered the Vessel to the Owners at a safe, ice free port as the Owners may designate where the Vessel would be afloat at all times in a ready safe berth or anchorage, in accordance with Clauses 45 (Redelivery conditions) and 46 (Survey on redelivery). If the Vessel is to be redelivered pursuant to paragraph (b) above, the Charterers shall give the Owners not less than forty five (45) running days’ preliminary notice of expected date of redelivery and not less than thirty (30) running days’ definite notice of expected date of redelivery and port of redelivery.

Appears in 4 contracts

Samples: Memorandum of Agreement (Himalaya Shipping Ltd.), Memorandum of Agreement (Himalaya Shipping Ltd.), Memorandum of Agreement (Himalaya Shipping Ltd.)

Redelivery. Upon: (a) 59.1 Upon termination or expiry of this Charter, unless there is a Sale to the occurrence of any Termination Event which is continuing and if Charterers, the Owners decide shall have the right (but not bound) to retake possession of the Vessel pursuant to paragraph (d) of Clause 52 (Owners’ options after occurrence of Termination Event); or (b) the expiry of the Agreed Charter Period (and subject to no Total Loss having occurred, no Purchase Option being exercised and no Purchase Obligation being fulfilled); or (c) the Owners deliver a Purchase Obligation Notice to require the Charterers under paragraph (b) (Purchase Obligation - outbreak of war) of Clause 56 (Purchase Obligation and transfer of title) but the Charterers fail to pay the relevant Purchase Obligation Price on the Purchase Obligation Date; or (d) the Owners deliver a Termination Notice to the Charterers under paragraph (k) (Illegality) of Clause 40 (Hire) but the Charterers fail to pay the relevant Termination Sum on the Termination Payment Date, the Charterers shall, at their own cost and expense, redeliver or cause to be redelivered the Vessel to the Owners within thirty (30) days from the Termination Date or the expiry of the Charter Period: (a) at the Vessel's current or next port of call, or at a safeport or place convenient to them without hindrance or interference to the Charterers, ice free port as the Owners may designate where the Vessel would be afloat at all times in a ready safe berth courts or anchorage, in accordance with Clauses 45 (Redelivery conditions) local authorities; and 46 (Survey on redelivery). If the Vessel is to be redelivered pursuant to paragraph (b) abovewith her class maintained without any conditions or recommendation; and (c) free of average damage affecting the Vessel's class; and (d) with all the Vessel's classification, trading, national and international certificates that the Vessel had when she was delivered under this Charter and the log book and whatsoever necessary relating to the operation of the Vessel, valid and un-extended without conditions or recommendation falling due for a minimum of three (3) months from the time of redelivery; and (e) in the same or as good structure, state, condition and class as that in which she was deemed delivered under Clauses 3, 33 and 34 fair wear and tear not affecting class excepted; and (f) with all such spare parts and other equipment she had at the time of delivery under this Charter together with all alterations made to the Vessel during the Charter Period without any cost to the Owners; and (g) with all information generated during the Charter Period in respect of the physical condition of the Vessel onboard the Vessel and within the Charterers' possession. 59.2 The Charterers shall give the Owners not less than forty five (45) running days’ preliminary notice of expected date of redelivery and not less than thirty (30) running days’ definite notice ' notices of the expected date of redelivery and port geographical range of redelivery. 59.3 Pending physical repossession of the Vessel in accordance with Clause 59.1, the Charterers shall hold the Vessel as gratuitous bailee only to the Owners. The Owners shall arrange for an authorised representative to board the Vessel as soon as reasonably practicable following the termination of the Charter. The Vessel shall be deemed to be repossessed by the Owners from the Charterers upon the boarding of the Vessel by the Owners' representative. All arrangements and expenses relating to the settling of wages, disembarkation and repatriation of the Charterers' Master, officers and crew shall be the sole responsibility of the Charterers.

Appears in 4 contracts

Samples: Bareboat Charter (DryShips Inc.), Bareboat Charter (DryShips Inc.), Bareboat Charter (DryShips Inc.)

Redelivery. UponThe first sentence of Section 13(a) shall be deleted in its entirety, and the following shall be substituted in lieu thereof: (a) the occurrence of any Termination Event which is continuing and if the Owners decide Subject to retake possession Charterer's exercise of the Purchase Option set forth in Section 15 of the Charter (as amended by this Amendment), Owner shall cause the Vessel pursuant (other than the Electrical Equipment, the Fire Pump and the Transition Equipment) to paragraph be removed from the Dockage Site no later than ten (d10) of Clause 52 (Owners’ options business days after occurrence of Termination Event); orthe Charter Expiration Date. (b) the expiry shall be amended to read as follows: Upon redelivery of the Agreed Charter Period Vessel, the Owner may require that the Vessel be surveyed by a qualified independent marine surveyor mutually acceptable to the Owner and the Charterer. Charterer shall reimburse Owner for one-half of the reasonable costs of the marine survey obtained pursuant to this Section 13(b) up to a maximum reimbursement of Five Thousand ($5,000.00) Dollars. In addition to Charterer's obligations pursuant to Sections 9 and subject 11 of the Charter, which shall remain intact, Charterer shall be obligated to no Total Loss having occurred, no Purchase Option being exercised and no Purchase Obligation being fulfilled); orredeliver the Vessel in the same condition that Charterer last used the Vessel in its normal business operations. (c) On February 1, 2000 (assuming the Owners deliver a Purchase Obligation Notice Charter has not been terminated prior thereto), Charterer shall establish an escrow account, and shall escrow up to $500,000.00 of the Charterers Charter Hire due from February 1, 2000 until the end of the Charter Period (the "Removal Escrow"), to fund Owner's share of the cost of the removal of the Vessel at the termination of the Charter Period. The Charterer shall fund its equal share of the Removal Escrow concurrently with Owner. If the amounts held in the Removal Escrow are greater than the cost of the removal of the Vessel under paragraph (b) (Purchase Obligation - outbreak Section 13(a), then any excess shall be paid to Owner and Charterer equally upon the removal of war) of Clause 56 (Purchase Obligation and transfer of title) but the Charterers fail to pay the relevant Purchase Obligation Price on the Purchase Obligation Date; orVessel in accordance with Section 13(a). (d) Upon termination of the Owners deliver a Termination Notice Charter, for any reason (i) Charterer shall leave in place all wiring, connections, switches, splitters, couplings and junctions necessary to the Charterers under paragraph operate slot and player tracking Systems; and (kii) (Illegality) of Clause 40 (Hire) but the Charterers fail Charterer shall be entitled to pay the relevant Termination Sum on the Termination Payment Date, the Charterers shall, at their own cost and expense, redeliver or cause to be redelivered remove from the Vessel to the Owners at a safeall furniture, ice free port as the Owners may designate where the Vessel would be afloat at slot, tracking and other equipment and all times in a ready safe berth or anchorage, in accordance with Clauses 45 (Redelivery conditions) and 46 (Survey on redelivery). If the Vessel is to be redelivered pursuant to paragraph (b) above, the Charterers shall give the Owners not less than forty five (45) running days’ preliminary notice of expected date of redelivery and not less than thirty (30) running days’ definite notice of expected date of redelivery and port of redelivery.other property owned by Charterer;

Appears in 2 contracts

Samples: Charter Amendment (American Gaming & Entertainment LTD /De), Charter Amendment (American Gaming & Entertainment LTD /De)

Redelivery. Upon: (a) Subject to the occurrence rights of Charterer under Articles 10(a), 10(h) and the rights and obligations of Charterer under Article 16 hereof, on or before the last day of the Charter Period (but in no event prior to the expiration of the Term), unless an Event of Loss has occurred or this Demise Charter has been terminated pursuant to Article 15(b) or the use of any Termination Event which Vessel has been requisitioned and such requisition is continuing and if at the Owners decide to retake possession end of the Charter Period, Charterer shall effect Redelivery of the Vessels to Shipowner at safe and suitably equipped berths at Metropolis, Illinois or such other safe berths and safe port suitable for the Vessels on the Lower Mississippi River designated by Shipowner, unless otherwise agreed by Shipowner and Charterer, in the order and condition required by the terms of Article 4, except for ordinary wear and tear, with no required surveys or inspections which are due or overdue and with no outstanding recommendations or requirements on the Vessels (nor subject to any damage or other condition which, if known to the USCG, would result in such a recommendation or requirement). Charterer shall give written notice to Shipowner of the expected time and port of Redelivery at least sixty (60) days prior to Redelivery. At the request of Shipowner a mutually agreed upon surveyor shall be appointed for the purpose of determining and confirming in writing the condition of the Vessels at the time of Redelivery. In the event that the Charterer and the Shipowner are unable to agree on a surveyor, the Charterer shall recommend a list of three (3) internationally recognized surveyors and the Shipowner shall choose one (1) surveyor from such list, who shall then act as the surveyor in connection with Redelivery. Charterer shall bear all survey expenses and other costs, if any, including the cost of docking and undocking, if required, as well as all repair costs incurred, in connection with such Redelivery. Shipowner may require that Charterer lay up any Vessel pursuant at the time of Redelivery for a period of up to paragraph two hundred seventy (d270) days, the expense of Clause 52 such lay-up to be for Charterer’s account for the first ninety (Owners’ options after occurrence 90) days, and thereafter for the account of Termination EventOwner Participant, at prevailing local commercial rates, provided that such lay-up may be at a Lower Mississippi River port designated by Charterer, subject to the other requirements of this Article 13(a); or. (b) the expiry Any property of the Agreed Charter Period (Charterer remaining aboard any Vessel upon Redelivery and subject not removed by Charterer may be retained by Shipowner as its own property without prejudice to no Total Loss having occurred, no Purchase Option being exercised and no Purchase Obligation being fulfilled); or (c) the Owners deliver a Purchase Obligation Notice Charterer’s obligation under Article 6 to the Charterers under paragraph (b) (Purchase Obligation - outbreak of war) of Clause 56 (Purchase Obligation and transfer of title) but the Charterers fail to pay the relevant Purchase Obligation Price on the Purchase Obligation Date; or (d) the Owners deliver a Termination Notice to the Charterers under paragraph (k) (Illegality) of Clause 40 (Hire) but the Charterers fail to pay the relevant Termination Sum on the Termination Payment Date, the Charterers shall, at their own cost and expense, redeliver or cause to be redelivered the restore such Vessel to the Owners at a safe, ice free port as the Owners may designate where the Vessel condition it would be afloat at all times have been in a ready safe berth or anchorage, in accordance with Clauses 45 (Redelivery conditions) and 46 (Survey on redelivery). If the Vessel is to be redelivered pursuant to paragraph (b) above, the Charterers shall give the Owners had it not less than forty five (45) running days’ preliminary notice of expected date of redelivery and not less than thirty (30) running days’ definite notice of expected date of redelivery and port of redeliverybeen so installed by Charterer.

Appears in 2 contracts

Samples: Demise Charter (Teco Energy Inc), Demise Charter (Tampa Electric Co)

Redelivery. Upon: (a) Subject to the occurrence rights of Charterer under Articles 10(a), 10(h) and the rights and obligations of Charterer under Article 16 hereof, on or before the last day of the Charter Period (but in no event prior to the expiration of the Term), unless an Event of Loss has occurred or this Demise Charter has been terminated pursuant to Article 15(b) or use of any Termination Event which Vessel has been requisitioned and such requisition is continuing and if at the Owners decide to retake possession end of the Charter Period, Charterer shall effect Redelivery of the Vessels to Shipowner at safe and suitably equipped berths at Tampa, Florida, or such other safe berths and safe port suitable for the Vessels on the Gulf Coast of the United States designated by Shipowner, unless otherwise agreed by Shipowner and Charterer, in class and in the order and condition required by the terms of Article 4, except for ordinary wear and tear not affecting class, with no required surveys or inspections which are due or overdue and with no outstanding recommendations or requirements on the Vessels (nor subject to any damage or other condition which, if known to the Classification Society or USCG, would result in such a recommendation or requirement). Charterer shall give written notice to Shipowner of the expected time and port of Redelivery at least sixty (60) days prior to Redelivery. At the request of Shipowner a surveyor shall be appointed for the purpose of determining and confirming in writing the condition of the Vessels at the time of Redelivery. Charterer shall bear all survey expenses and other costs, if any, including the cost of docking and undocking, if required, as well as all repair costs incurred, in connection with such Redelivery. Owner Participant may require that Charterer lay up any Vessel pursuant at the time of Redelivery for a period of up to paragraph two hundred seventy (d270) days, the expense of Clause 52 such lay-up to be for Charterer’s account for the first ninety (Owners’ options after occurrence 90) days, and thereafter for the account of Termination EventOwner Participant, at prevailing local commercial rates, provided that such lay-up may be at a Gulf Coast port designated by Charterer, subject to the other requirements of this Article 13(a); or. (b) the expiry Any property of the Agreed Charter Period (Charterer remaining aboard any Vessel upon Redelivery and subject not removed by Charterer may be retained by Shipowner as its own property without prejudice to no Total Loss having occurred, no Purchase Option being exercised and no Purchase Obligation being fulfilled); or (c) the Owners deliver a Purchase Obligation Notice Charterer’s obligation under Article 6 to the Charterers under paragraph (b) (Purchase Obligation - outbreak of war) of Clause 56 (Purchase Obligation and transfer of title) but the Charterers fail to pay the relevant Purchase Obligation Price on the Purchase Obligation Date; or (d) the Owners deliver a Termination Notice to the Charterers under paragraph (k) (Illegality) of Clause 40 (Hire) but the Charterers fail to pay the relevant Termination Sum on the Termination Payment Date, the Charterers shall, at their own cost and expense, redeliver or cause to be redelivered the restore such Vessel to the Owners at a safe, ice free port as the Owners may designate where the Vessel condition it would be afloat at all times have been in a ready safe berth or anchorage, in accordance with Clauses 45 (Redelivery conditions) and 46 (Survey on redelivery). If the Vessel is to be redelivered pursuant to paragraph (b) above, the Charterers shall give the Owners had it not less than forty five (45) running days’ preliminary notice of expected date of redelivery and not less than thirty (30) running days’ definite notice of expected date of redelivery and port of redeliverybeen so installed by Charterer.

Appears in 2 contracts

Samples: Demise Charter (Teco Energy Inc), Demise Charter (Tampa Electric Co)

Redelivery. Upon: (a) Subject to the occurrence rights of Charterer under Articles 10(a), 10(h) and the rights and obligations of Charterer under Article 16 hereof, on or before the last day of the Charter Period (but in no event prior to the expiration of the Term), unless an Event of Loss has occurred or this Demise Charter has been terminated pursuant to Article 15(b) or the use of any Termination Event which Vessel has been requisitioned and such requisition is continuing and if at the Owners decide to retake possession end of the Charter Period, Charterer shall effect Redelivery of the Vessels to Shipowner at safe and suitably equipped berths at Tampa, Florida, or such other safe berths and safe port suitable for the Vessels on the Gulf Coast of the United States designated by Shipowner, unless otherwise agreed by Shipowner and Charterer, in class and in the order and condition required by the terms of Article 4, except for ordinary wear and tear not affecting class, with no required surveys or inspections which are due or overdue and with no outstanding recommendations or requirements on the Vessels (nor subject to any damage or other condition which, if known to the Classification Society or USCG, would result in such a recommendation or requirement) and with all required certificates in effect. Charterer shall give written notice to Shipowner of the expected time and port of Redelivery at least sixty (60) days prior to Redelivery. At the request of Shipowner a mutually agreed upon surveyor shall be appointed for the purpose of determining and confirming in writing the condition of the Vessels at the time of Redelivery. In the event that the Charterer and the Shipowner are unable to agree on a surveyor, the Charterer shall recommend a list of three (3) internationally recognized surveyors and the Shipowner shall choose one (1) surveyor from such list, who shall then act as the surveyor in connection with Redelivery. Charterer shall bear all survey expenses and other costs, if any, including the cost of docking and undocking, if required, as well as all repair costs incurred, in connection with such Redelivery. Shipowner may require that Charterer lay up any Vessel pursuant at the time of Redelivery for a period of up to paragraph two hundred seventy (d270) days, the expense of Clause 52 such lay-up to be for Charterer’s account for the first ninety (Owners’ options after occurrence 90) days, and thereafter for the account of Termination EventOwner Participant, at prevailing local commercial rates, provided that such lay-up may be at a Gulf Coast port designated by Charterer, subject to the other requirements of this Article 13(a); or. (b) the expiry Any property of the Agreed Charter Period (Charterer remaining aboard any Vessel upon Redelivery and subject not removed by Charterer may be retained by Shipowner as its own property without prejudice to no Total Loss having occurred, no Purchase Option being exercised and no Purchase Obligation being fulfilled); or (c) the Owners deliver a Purchase Obligation Notice Charterer’s obligation under Article 6 to the Charterers under paragraph (b) (Purchase Obligation - outbreak of war) of Clause 56 (Purchase Obligation and transfer of title) but the Charterers fail to pay the relevant Purchase Obligation Price on the Purchase Obligation Date; or (d) the Owners deliver a Termination Notice to the Charterers under paragraph (k) (Illegality) of Clause 40 (Hire) but the Charterers fail to pay the relevant Termination Sum on the Termination Payment Date, the Charterers shall, at their own cost and expense, redeliver or cause to be redelivered the restore such Vessel to the Owners at a safe, ice free port as the Owners may designate where the Vessel condition it would be afloat at all times have been in a ready safe berth or anchorage, in accordance with Clauses 45 (Redelivery conditions) and 46 (Survey on redelivery). If the Vessel is to be redelivered pursuant to paragraph (b) above, the Charterers shall give the Owners had it not less than forty five (45) running days’ preliminary notice of expected date of redelivery and not less than thirty (30) running days’ definite notice of expected date of redelivery and port of redeliverybeen so installed by Charterer.

Appears in 2 contracts

Samples: Demise Charter (Teco Energy Inc), Demise Charter (Tampa Electric Co)

Redelivery. Upon: Not less than 180 days prior to the end of the Charter Period, the Charterer shall, except as provided in Sections 2(f), 11(a) and 12, deliver to the Owner Trustee notice in writing of a major shipping port on the East Coast, West Coast or Gulf Coast of the United States at which the Vessel will be available for redelivery at the end of the Charter Period, provided that, unless otherwise agreed, such port of redelivery shall have drydocking facilities. Within 30 days of such notice, the Owner Trustee shall be entitled to object on reasonable grounds to the port, but not the coast, of such redelivery, in which event the Charterer shall promptly designate a new port of redelivery (asubject to the same rights of the Owner Trustee to object thereto) or provide an agreement to indemnify the occurrence Owner Participant on an After-Tax Basis for any adverse tax consequences resulting from redelivery to the port to which the Owner Trustee objected, which agreement shall be reasonably satisfactory to the Owner Participant. At the expiration of the Charter Period, except as provided in Sections 2(b), 2(f), 11(a) and 12, the Charterer shall, at its own expense, redeliver the Vessel to the Owner Trustee at the port in the United States determined according to the preceding sentences and the Charterer’s obligation to pay Basic Hire hereunder shall cease. The Charterer shall, at its own expense, at the Owner Trustee’s request redocument the Vessel under the laws of the United States if the Vessel is then documented under the laws of any Termination Event which other Applicable Country. At the Owner Trustee’s request given no later than 30 days following the date of the delivery of the Vessel by the Charterer to the Owner Trustee pursuant to this paragraph, the Charterer shall provide such assistance as is continuing and if then reasonably available to SEA-LAND PACIFIC the Owners decide to retake possession Charterer in arranging redelivery of the Vessel (following the delivery of the Vessel pursuant to paragraph (dthis paragraph) of Clause 52 (Owners’ options after occurrence of Termination Event); or (b) the expiry of the Agreed Charter Period (and subject to no Total Loss having occurred, no Purchase Option being exercised and no Purchase Obligation being fulfilled); or (c) the Owners deliver a Purchase Obligation Notice to the Charterers under paragraph (b) (Purchase Obligation - outbreak of war) of Clause 56 (Purchase Obligation and transfer of title) but the Charterers fail to pay the relevant Purchase Obligation Price on the Purchase Obligation Date; or (d) the Owners deliver a Termination Notice to the Charterers under paragraph (k) (Illegality) of Clause 40 (Hire) but the Charterers fail to pay the relevant Termination Sum on the Termination Payment Date, the Charterers shall, at their own cost and expense, redeliver or cause to be redelivered the Vessel to the Owners at a safe, ice free such other port as the Owners Owner Trustee may designate where designate; provided, however, that the Vessel would Charterer shall not be afloat required to provide any such assistance at all times in a ready safe berth or anchorage, in accordance with Clauses 45 any time after 30 days following the Owner Trustee’s request and that the Owner Trustee (Redelivery conditions) and 46 (Survey on redelivery). If the Vessel is to be redelivered pursuant to paragraph (b) above, the Charterers shall give the Owners not less than forty five (45) running days’ preliminary notice of expected date of redelivery and not less than thirty (30the Charterer) running days’ definite notice shall be responsible for arranging and providing docking or storage facilities following such redelivery, except that the Charterer agrees to provide the Owner Trustee with the names of expected date of redelivery docking and storage facilities at such port of redelivery; and provided, further, that all out-of-pocket costs relating to such redelivery, including, without limitation, the costs of any such storage or docking facilities and any expenses incurred by the Charterer in providing such assistance, shall be for the account of the Owner Trustee. The Charterer shall leave on board the Vessel, at the time of redelivery, all classification certificates, as well as all plans, etc. which are on board the Vessel. The Charterer may keep the log books, but the Charterer shall furnish copies of the same to the Owner Trustee if requested by the Owner Trustee.

Appears in 1 contract

Samples: Bareboat Charter Party (Horizon Lines Ventures, LLC)

Redelivery. Upon59.1 Upon termination or expiry of this Charter, unless there is a Sale to the Charterers, the Owners shall have the right (but not bound) to require the Charterers to redeliver the Vessel to the Owners within thirty (30) days from the Termination Date or the expiry of the Charter Period: (a) at the occurrence Vessel’s current or next port of any Termination Event which is continuing and if call, or at a port or place convenient to them without hindrance or interference to the Owners decide to retake possession of the Vessel pursuant to paragraph (d) of Clause 52 (Owners’ options after occurrence of Termination Event)Charterers, courts or local authorities; orand (b) the expiry of the Agreed Charter Period (and subject to no Total Loss having occurred, no Purchase Option being exercised and no Purchase Obligation being fulfilled)with her class maintained without any conditions or recommendation; orand (c) free of average damage affecting the Owners deliver a Purchase Obligation Notice to the Charterers under paragraph (b) (Purchase Obligation - outbreak of war) of Clause 56 (Purchase Obligation and transfer of title) but the Charterers fail to pay the relevant Purchase Obligation Price on the Purchase Obligation DateVessel’s class; orand (d) with all the Owners deliver a Termination Notice Vessel’s classification, trading, national and international certificates that the Vessel had when she was delivered under this Charter and the log book and whatsoever necessary relating to the Charterers operation of the Vessel, valid and un-extended without conditions or recommendation falling due for a minimum of three (3) months from the time ofredelivery; and (e) in the same or as good structure, state, condition and class as that in which she was deemed delivered under paragraph Clauses 3, 33 and 34 fair wear and tear not affecting class excepted; and (kf) with all such spare parts and other equipment she had at the time of delivery under this Charter together with all alterations made to the Vessel during the Charter Period without any cost to the Owners; and (g) with all information generated during the Charter Period in respect of the physical condition of the Vessel onboard the Vessel and within the Charterers’ possession. BBC Rider Clause (Xxxxxxxxxx) (Illegality) of Clause 40 (Hire) but the Charterers fail to pay the relevant Termination Sum on the Termination Payment Date, the Charterers shall, at their own cost and expense, redeliver or cause to be redelivered the Vessel to the Owners at a safe, ice free port as the Owners may designate where the Vessel would be afloat at all times in a ready safe berth or anchorage, in accordance with Clauses 45 (Redelivery conditions) and 46 (Survey on redelivery20180426). If the Vessel is to be redelivered pursuant to paragraph (b) above, the 59.2 The Charterers shall give the Owners not less than forty five (45) running days’ preliminary notice of expected date of redelivery and not less than thirty (30) running days’ definite notice notices of the expected date of redelivery and port geographical range of redelivery. 59.3 Pending physical repossession of the Vessel in accordance with Clause 59.1, the Charterers shall hold the Vessel as gratuitous bailee only to the Owners. The Owners shall arrange for an authorised representative to board the Vessel as soon as reasonably practicable following the termination of the Charter. The Vessel shall be deemed to be repossessed by the Owners from the Charterers upon the boarding of the Vessel by the Owners’ representative. All arrangements and expenses relating to the settling of wages, disembarkation and repatriation of the Charterers’ Master, officers and crew shall be the sole responsibility of the Charterers.

Appears in 1 contract

Samples: Bareboat Charter (DryShips Inc.)

Redelivery. Upon: Not less than 180 days prior to the end of the Charter Period, the Charterer shall, except as provided in Sections 2(f), 11(a) and 12, deliver to the Owner Trustee notice in writing of a major shipping port on the East Coast, West Coast or Gulf Coast of the United States at which the Vessel will be available for redelivery at the end of the Charter Period, provided that, unless otherwise agreed, such port of redelivery shall have drydocking facilities. Within 30 days of such notice, the Owner Trustee shall be entitled to object on reasonable grounds to the port, but not the coast, of such redelivery, in which event the Charterer shall promptly designate a new port of redelivery (subject to the same rights of the Owner Trustee to object thereto) or provide an agreement to indemnify the Owner Participant on an After-Tax Basis for any adverse tax consequences resulting from redelivery to the port to which the Owner Trustee objected, which agreement shall be reasonably satisfactory to the Owner Participant. At the expiration of the Charter Period, except as provided in Sections 2(b), 2(f), 11 (a) and 12, the occurrence Charterer shall, at its own expense, redeliver the Vessel to the Owner Trustee at the port in the United States determined according to the preceding sentences and the Charterer’s obligation to pay Basic Hire hereunder shall cease. The Charterer shall, at its own expense, at the Owner Trustee’s request redocument the Vessel under the laws of the United States if the Vessel is then documented under the laws of any Termination Event which other Applicable Country. At the Owner Trustee’s request given no later than 30 days following the date of the delivery of the Vessel by the Charterer to the Owner Trustee pursuant to this paragraph, the Charterer shall provide such assistance as is continuing and if then reasonably available to SEA-LAND ENTERPRISE the Owners decide to retake possession Charterer in arranging redelivery of the Vessel (following the delivery of the Vessel pursuant to paragraph (dthis paragraph) of Clause 52 (Owners’ options after occurrence of Termination Event); or (b) the expiry of the Agreed Charter Period (and subject to no Total Loss having occurred, no Purchase Option being exercised and no Purchase Obligation being fulfilled); or (c) the Owners deliver a Purchase Obligation Notice to the Charterers under paragraph (b) (Purchase Obligation - outbreak of war) of Clause 56 (Purchase Obligation and transfer of title) but the Charterers fail to pay the relevant Purchase Obligation Price on the Purchase Obligation Date; or (d) the Owners deliver a Termination Notice to the Charterers under paragraph (k) (Illegality) of Clause 40 (Hire) but the Charterers fail to pay the relevant Termination Sum on the Termination Payment Date, the Charterers shall, at their own cost and expense, redeliver or cause to be redelivered the Vessel to the Owners at a safe, ice free such other port as the Owners Owner Trustee may designate where designate; provided, however, that the Vessel would Charterer shall not be afloat required to provide any such assistance at all times in a ready safe berth or anchorage, in accordance with Clauses 45 any time after 30 days following the Owner Trustee’s request and that the Owner Trustee (Redelivery conditions) and 46 (Survey on redelivery). If the Vessel is to be redelivered pursuant to paragraph (b) above, the Charterers shall give the Owners not less than forty five (45) running days’ preliminary notice of expected date of redelivery and not less than thirty (30the Charterer) running days’ definite notice shall be responsible for arranging and providing docking or storage facilities following such redelivery, except that the Charterer agrees to provide the Owner Trustee with the names of expected date of redelivery docking and storage facilities at such port of redelivery; and provided, further, that all out-of-pocket costs relating to such redelivery, including, without limitation, the costs of any such storage or docking facilities and any expenses incurred by the Charterer in providing such assistance, shall be for the account of the Owner Trustee. The Charterer shall leave on board the Vessel, at the time of redelivery, all classification certificates, as well as all plans, etc. which are on board the Vessel. The Charterer may keep the log books, but the Charterer shall furnish copies of the same to the Owner Trustee if requested by the Owner Trustee.

Appears in 1 contract

Samples: Bareboat Charter Party (Horizon Lines Ventures, LLC)