Common use of Remedy of defaults Clause in Contracts

Remedy of defaults. Without prejudice to the generality of the provisions of clause 9.1: 9.2.1 if the Charterer fails to comply with any of the provisions of clause 8. 1.1 the Mortgagee shall be entitled (but not bound) to effect and thereafter to maintain all such insurances upon the Ship as in its discretion it may think fit in order to procure the compliance with such provisions or alternatively, to require the Ship (at the Charterer's risk) to remain in, or to proceed to and remain in a port designated by the Mortgagee until such provisions are fully complied with; 9.2.2 if the Charterer fails to comply with any of the provisions of clauses 8.1.3, 8.1.5 or 8.1.6, the Mortgagee shall be entitled (but not bound) to arrange for the carrying out of such repairs, changes or surveys as it may deem expedient or necessary in order to procure the compliance with such provisions; and 9.2.3 if the Charterer fails to comply with any of the provisions of clause 8.1.8, the Mortgagee shall be entitled (but not bound) to pay and discharge all such debts, damages, liabilities and outgoings as are therein mentioned and/or to take any such measures as it may deem expedient or necessary for the purpose of securing the release of the Ship in order to procure the compliance with such provisions, and the Expenses attributable to the exercise by the Mortgagee of any such powers shall be payable by the Owner to the Mortgagee on demand.

Appears in 6 contracts

Samples: Quadripartite Deed (Top Tankers Inc.), Quadripartite Deed (Top Tankers Inc.), Quadripartite Deed (Top Tankers Inc.)

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Remedy of defaults. Without prejudice to the generality of the provisions of clause 9.1:9.1 (but subject to the First Mortgage Documents): 9.2.1 if the Charterer fails to comply with any of the provisions of clause 8. 1.1 the Mortgagee shall be entitled (but not bound) to effect and thereafter to maintain all such insurances upon the Ship as in its discretion it may think fit in order to procure the compliance with such provisions or alternatively, to require the Ship (at the Charterer's risk) to remain in, or to proceed to and remain in a port designated by the Mortgagee until such provisions are fully complied with; 9.2.2 if the Charterer fails to comply with any of the provisions of clauses 8.1.3, 8.1.5 or 8.1.6, the Mortgagee shall be entitled (but not bound) to arrange for the carrying out of such repairs, changes or surveys as it may deem expedient or necessary in order to procure the compliance with such provisions; and 9.2.3 if the Charterer fails to comply with any of the provisions of clause 8.1.8, the Mortgagee shall be entitled (but not bound) to pay and discharge all such debts, damages, liabilities and outgoings as are therein mentioned and/or to take any such measures as it may deem expedient or necessary for the purpose of securing the release of the Ship in order to procure the compliance with such provisions, and the Expenses attributable to the exercise by the Mortgagee of any such powers shall be payable by the Owner to the Mortgagee on demand.

Appears in 3 contracts

Samples: Second Priority Quadripartite Deed (Top Tankers Inc.), Second Priority Quadripartite Deed (Top Tankers Inc.), Second Priority Quadripartite Deed (Top Tankers Inc.)

Remedy of defaults. Without prejudice to the generality of the provisions of clause 9.16.1: 9.2.1 6.2.1 if the Charterer Owner fails to comply with any of the provisions of clause 8. 1.1 5.1.1, the Mortgagee shall be entitled (but not bound) to effect and thereafter to maintain all such insurances upon the Ship as in its discretion it may think fit in order to procure the compliance with such provisions or alternatively, to require the Ship (at the ChartererOwner's risk) to remain in, or to proceed to and remain in in, a port designated by the Mortgagee until such provisions are fully complied with; 9.2.2 6.2.2 if the Charterer Owner fails to comply with any of the provisions of clauses 8.1.35.1.3, 8.1.5 5.1.5 or 8.1.65.1.6, the Mortgagee shall be entitled (but not bound) to arrange for the carrying out of such repairs, changes or surveys as it may deem expedient or necessary in order to procure the compliance with such provisions; and 9.2.3 6.2.3 if the Charterer Owner fails to comply with any of the provisions of clause 8.1.85.1.8, the Mortgagee shall be entitled (but not bound) to pay and discharge all such debts, damages, liabilities and outgoings as are therein mentioned and/or to take any such measures as it may deem expedient or necessary for the purpose of securing the release of the Ship in order to procure the compliance with such provisions, and the Expenses attributable to the exercise by the Mortgagee of any such powers shall be payable by the Owner to the Mortgagee on demand.

Appears in 1 contract

Samples: Second Supplemental Agreement (Aegean Marine Petroleum Network Inc.)

Remedy of defaults. Without prejudice to the generality of the provisions of clause 9.17.1: 9.2.1 7.2.1 if the Charterer Owner fails to comply with any of the provisions of clause 8. 1.1 6.1.1, the Mortgagee shall be entitled (but not bound) to effect and thereafter to maintain all such insurances upon the Ship as in its discretion it may think fit in order to procure the compliance with such provisions or alternatively, to require the Ship (at the Charterer's Owner’s risk) to remain in, or to proceed to and remain in a port designated by the Mortgagee until such provisions are fully complied with; 9.2.2 7.2.2 if the Charterer Owner fails to comply with any of the provisions of clauses 8.1.36.1.3, 8.1.5 6.1.5 or 8.1.66.1.6, the Mortgagee shall be entitled (but not bound) to arrange for the carrying out of such repairs, changes or surveys as it may deem expedient or necessary in order to procure the compliance with such provisions; and 9.2.3 7.2.3 if the Charterer Owner fails to comply with any of the provisions of clause 8.1.86.1.8, the Mortgagee shall be entitled (but not bound) to pay and discharge all such debts, damages, liabilities and outgoings as are therein mentioned and/or to take any such measures as it may deem expedient or necessary for the purpose of securing the release of the Ship in order to procure the compliance with such provisions, and the Expenses attributable to the exercise by the Mortgagee of any such powers shall be payable by the Owner to the Mortgagee on demand.

Appears in 1 contract

Samples: Loan Agreement (Safe Bulkers, Inc.)

Remedy of defaults. Without prejudice to the generality of the provisions of clause 9.16.1: 9.2.1 6.2.1 if the Charterer Owner fails to comply with any of the provisions of clause 8. 1.1 5.1.1, the Mortgagee shall be entitled (but not bound) to effect and thereafter to maintain all such insurances upon the Ship as in its discretion it may think fit in order to procure the compliance with such provisions or alternatively, to require the Ship (at the ChartererOwner's risk) to remain in, or to proceed to and remain in a port designated by the Mortgagee until such provisions are fully complied with; 9.2.2 6.2.2 if the Charterer Owner fails to comply with any of the provisions of clauses 8.1.35.1.3, 8.1.5 5.1.5 or 8.1.65.1.6, the Mortgagee shall be entitled (but not bound) to arrange for the carrying out of such repairs, changes or surveys as it may deem expedient or necessary in order to procure the compliance with such provisions; and 9.2.3 6.2.3 if the Charterer Owner fails to comply with any of the provisions of clause 8.1.85.1.8, the Mortgagee shall be entitled (but not bound) to pay and discharge all such debts, damages, liabilities and outgoings as are therein mentioned and/or to take any such measures as it may deem expedient or necessary for the purpose of securing the release of the Ship in order to procure the compliance with such provisions, and the Expenses attributable to the exercise by the Mortgagee of any such powers shall be payable by the Owner to the Mortgagee on demand.

Appears in 1 contract

Samples: Supplemental Agreement (Diana Shipping Inc.)

Remedy of defaults. Without prejudice to the generality of the provisions of clause 9.1: 9.2.1 if the Charterer fails to comply with any of the provisions of clause 8. 1.1 the Mortgagee shall be entitled (but not bound) to effect and thereafter to maintain all such insurances upon the Ship as in its discretion it may think fit in order to procure the compliance with such provisions or alternatively, to require the Ship (at the Charterer's Charterers risk) to remain in, or to proceed to and remain in a port designated by the Mortgagee until such provisions are fully complied with; 9.2.2 if the Charterer fails to comply with any of the provisions of clauses 8.1.3, 8.1.5 or 8.1.6, the Mortgagee shall be entitled (but not bound) to arrange for the carrying out of such repairs, changes or surveys as it may deem expedient or necessary in order to procure the compliance with such provisions; and 9.2.3 if the Charterer fails to comply with any of the provisions of clause 8.1.8, the Mortgagee shall be entitled (but not bound) to pay and discharge all such debts, damages, liabilities and outgoings as are therein mentioned and/or to take any such measures as it may deem expedient or necessary for the purpose of securing the release of the Ship in order to procure the compliance with such provisions, and the Expenses attributable to the exercise by the Mortgagee of any such powers shall be payable by the Owner to the Mortgagee on demand.

Appears in 1 contract

Samples: Quadripartite Deed (Top Tankers Inc.)

Remedy of defaults. Without prejudice to the generality of the provisions of clause 9.16.1: 9.2.1 6.2.1 if the Charterer Owner fails to comply with any of the provisions of clause 8. 1.1 5.1.1, the Mortgagee shall be entitled (but not bound) to effect and thereafter to maintain all such insurances upon the Ship as in its discretion it may think fit in order to procure the compliance with such provisions or alternatively, to require the Ship (at the Charterer's Owner’s risk) to remain in, or to proceed to and remain in in, a port designated by the Mortgagee until such provisions are fully complied with; 9.2.2 6.2.2 if the Charterer Owner fails to comply with any of the provisions of clauses 8.1.35.1.3, 8.1.5 5.1.5 or 8.1.65.1.6, the Mortgagee shall be entitled (but not bound) to arrange for the carrying out of such repairs, changes or surveys as it may deem expedient or necessary in order to procure the compliance with such provisions; and 9.2.3 6.2.3 if the Charterer Owner fails to comply with any of the provisions of clause 8.1.85.1.8, the Mortgagee shall be entitled (but not bound) to pay and discharge all such debts, damages, liabilities and outgoings as are therein mentioned and/or to take any such measures as it may deem expedient or necessary for the purpose of securing the release of the Ship in order to procure the compliance with such provisions, and the Expenses attributable to the exercise by the Mortgagee of any such powers shall be payable by the Owner to the Mortgagee on demand.

Appears in 1 contract

Samples: Loan Agreement (Quintana Shipping Ltd.)

Remedy of defaults. Without prejudice to the generality of the provisions of clause 9.16.1 but subject always to the First Mortgage: 9.2.1 6.2.1 if the Charterer Owner fails to comply with any of the provisions of clause 8. 1.1 5.1.1, the Mortgagee shall be entitled (but not bound) to effect and thereafter to maintain all such insurances upon the Ship as in its discretion it may think fit in order to procure the compliance with such provisions or alternatively, to require the Ship (at the ChartererOwner's risk) to remain in, or to proceed to and remain in in, a port designated by the Mortgagee until such provisions are fully complied with; 9.2.2 6.2.2 if the Charterer Owner fails to comply with any of the provisions of clauses 8.1.35.1.3, 8.1.5 5.1.5 or 8.1.65.1.6, the Mortgagee shall be entitled (but not bound) to arrange for the carrying out of such repairs, changes or surveys as it may deem expedient or necessary in order to procure the compliance with such provisions; and 9.2.3 6.2.3 if the Charterer Owner fails to comply with any of the provisions of clause 8.1.85.1.8, the Mortgagee shall be entitled (but not bound) to pay and discharge all such debts, damages, liabilities and outgoings as are therein mentioned and/or to take any such measures as it may deem expedient or necessary for the purpose of securing the release of the Ship in order to procure the compliance with such provisions, and the Expenses attributable to the exercise by the Mortgagee of any such powers shall be payable by the Owner to the Mortgagee on demand.

Appears in 1 contract

Samples: Loan Agreement (Aegean Marine Petroleum Network Inc.)

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Remedy of defaults. Without prejudice to the generality of the provisions of clause 9.16.1: 9.2.1 6.2.1 if the Charterer Owner fails to comply with any of the provisions of clause 8. 1.1 5.1.1, the Mortgagee shall be entitled (but not bound) to effect and thereafter to maintain all such insurances upon the Ship as the Mortgagee in its discretion it may think fit in order to procure the compliance with such provisions or alternatively, to require the Ship (at the Charterer's Owner’s risk) to remain in, or to proceed to and remain in a port designated by the Mortgagee until such provisions are fully complied with; 9.2.2 6.2.2 if the Charterer Owner fails to comply with any of the provisions of clauses 8.1.35.1.3, 8.1.5 5.1.5 or 8.1.65.1.6, the Mortgagee shall be entitled (but not bound) to arrange for the carrying out of such repairs, changes or surveys as it may deem expedient or necessary in order to procure the compliance with such provisions; and 9.2.3 6.2.3 if the Charterer Owner fails to comply with any of the provisions of clause 8.1.85.1.8, the Mortgagee shall be entitled (but not bound) to pay and discharge all such debts, damages, liabilities and outgoings as are therein mentioned and/or to take any such measures as it may deem expedient or necessary for the purpose of securing the release of the Ship in order to procure the compliance with such provisions, and the Expenses attributable to the exercise by the Mortgagee of any such powers shall be payable by the Owner to the Mortgagee on demand.

Appears in 1 contract

Samples: Loan Agreement (DryShips Inc.)

Remedy of defaults. Without prejudice to the generality of the provisions of clause 9.17.1: 9.2.1 7.2.1 if the Charterer Owner fails to comply with any of the provisions of clause 8. 1.1 6.1.1, the Mortgagee shall be entitled (but not bound) to effect and thereafter to maintain all such insurances upon the Ship as in its discretion it may think fit in order to procure the compliance with such provisions or alternatively, to require the Ship (at the Charterer's Owner’s risk) to remain in, or to proceed to and remain in a port designated by the Mortgagee until such provisions are fully complied with; 9.2.2 7.2.2 if the Charterer Owner fails to comply with any of the provisions of clauses 8.1.36.1.3, 8.1.5 6.1.5 or 8.1.66.1.6, the Mortgagee shall be entitled (but not bound) to arrange for the carrying out of such repairs, changes or surveys as it may deem expedient or necessary in order to procure the compliance with such provisions; and 9.2.3 7.2.3 if the Charterer Owner fails to comply with any of the provisions of clause 8.1.86.1.8, the Mortgagee shall be entitled (but not bound) to pay and discharge all such debts, damages, liabilities and outgoings as are therein mentioned and/or to take any such measures as it may deem expedient or necessary for the purpose of securing the release of the Ship in order to procure the compliance with such provisions, provisions and the Expenses attributable to the exercise by the Mortgagee of any such powers shall be payable by the Owner to the Mortgagee on demand.

Appears in 1 contract

Samples: Loan Agreement (Safe Bulkers, Inc.)

Remedy of defaults. Without prejudice to the generality of the provisions of clause 9.1:9.1 (but subject to the First Mortgage Documents): 9.2.1 if the Charterer fails to comply with any of the provisions of clause 8. 1.1 the Mortgagee shall be entitled (but not bound) to effect and thereafter to maintain all such insurances upon the Ship as in its discretion it may think fit in order to procure the compliance with such provisions or alternatively, to require the Ship (at the Charterer's risk) to remain in, or to proceed to and remain in a port designated by the Mortgagee until such provisions are fully complied with; 9.2.2 if the Charterer fails to comply with any of the provisions of clauses 8.1.3, 8.1.5 or 8.1.6, the Mortgagee shall be entitled (but not bound) to arrange for the carrying out of such repairs, changes or surveys as it may deem expedient or necessary in order to procure the compliance with such provisions; and 9.2.3 if the Charterer fails tails to comply with any of the provisions of clause 8.1.8, the Mortgagee shall be entitled (but not bound) to pay and discharge all such debts, damages, liabilities and outgoings as are therein mentioned and/or to take any such measures as it may deem expedient or necessary for the purpose of securing the release of the Ship in order to procure the compliance with such provisions, and the Expenses attributable to the exercise by the Mortgagee of any such powers shall be payable by the Owner to the Mortgagee on demand.,

Appears in 1 contract

Samples: Second Priority Quadripartite Deed (Top Tankers Inc.)

Remedy of defaults. Without prejudice to the generality of the provisions of clause 9.1:6.1 (Protective action): 9.2.1 6.2.1 if the Charterer Owner fails to comply with any of the provisions of clause 8. 1.1 5.1.1 (Insurance), the Mortgagee shall be entitled (but not bound) to effect and thereafter to maintain all such insurances upon the Ship as in its discretion it may think fit in order to procure the compliance with such provisions or alternatively, to require the Ship (at the Charterer's Owner’s risk) to remain in, or to proceed to and remain in a port designated by the Mortgagee until such provisions are fully complied with; 9.2.2 6.2.2 if the Charterer Owner fails to comply with any of the provisions of clauses 8.1.35.1.3 (Repair), 8.1.5 5.1.5 (Maintenance of class; compliance with regulations) or 8.1.65.1.6 (Survey reports), the Mortgagee shall be entitled (but not bound) to arrange for the carrying out of such repairs, changes or surveys as it may deem expedient or necessary in order to procure the compliance with such provisions; and 9.2.3 6.2.3 if the Charterer Owner fails to comply with any of the provisions of clause 8.1.85.1.8 (Prevention of and release from arrest), the Mortgagee shall be entitled (but not bound) to pay and discharge all such debts, damages, liabilities and outgoings as are therein mentioned and/or to take any such measures as it may deem expedient or necessary for the purpose of securing the release of the Ship in order to procure the compliance with such provisions, and the Expenses attributable to the exercise by the Mortgagee of any such powers shall be payable by the Owner to the Mortgagee on demand.

Appears in 1 contract

Samples: On Delivery Buyer Credit Facility Agreement (DryShips Inc.)

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