Common use of Requisition of Use Clause in Contracts

Requisition of Use. (a) In the event any Vessel is requisitioned for use by any governmental or other competent authority during the Charter Period, such requisition (unless it constitutes an Event of Loss hereunder) shall not terminate or entitle Charterer to terminate this Demise Charter or to cease or interrupt payment in full of Charter Hire. If during the Charter Period any Vessel is under such requisition, Charterer shall be entitled to any amounts payable to Shipowner or to Charterer in respect of such requisition insofar as it falls within the Term (and, upon the request of Charterer, Shipowner shall execute and deliver to Charterer any necessary instrument of assignment with respect to the claim of Shipowner with respect thereto) and, provided no Event of Default (other than an Event of Default solely attributable to the fact that required action by Charterer with respect to such Vessel is prevented by such requisition) shall have occurred and be continuing, Shipowner shall pay any such amounts to Charterer immediately upon receipt thereof by Shipowner. (b) Should any Vessel be under requisition for use at or beyond the end of the Term: (i) Charterer shall, if prevented by reason of the requisition from redelivering such Vessel as provided in Article 13(a) hereof, be relieved from the obligation to do so, but shall consult with Shipowner as to the most convenient method of enabling Shipowner to obtain redelivery of such Vessel when she is released from such requisition; (ii) provided Charterer continues to pay Charter Hire as required hereunder, including Basic Hire pending Redelivery as provided in Article 10(c), during such period of requisition Charterer shall be entitled to any amounts payable to Shipowner or to Charterer in respect of such requisition (and, upon the request of Charterer, Shipowner shall execute and deliver to Charterer any necessary instrument of assignment with respect to the claim of Shipowner with respect thereto) and, provided no Event of Default (other than an Event of Default solely attributable to the fact that required action by Charterer with respect to such Vessel is prevented by such requisition) shall have occurred and be continuing, Shipowner shall pay any such amounts to Charterer immediately upon receipt thereof by Shipowner; and (iii) after such release Charterer shall be given a reasonable opportunity of complying with Charterer’s obligation under Article 6 and of removing any such additional equipment as is referred to in Article 6(b) hereof on the terms referred to therein. (c) Charterer agrees forthwith to notify Shipowner by telefax, telegram or telex, confirmed by letter, of any requisition of use of any Vessel by the United States or any other government.

Appears in 4 contracts

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

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Requisition of Use. (a) In the event any Vessel is requisitioned for use by any governmental or other competent authority during the Charter PeriodTerm, such requisition (unless it constitutes an Event of Loss hereunder) shall not terminate or entitle Charterer to terminate this Demise Charter or to cease or interrupt payment in full of Charter Hire. If during the Charter Period Term any Vessel is under such requisition, Charterer shall be entitled to any amounts payable to Shipowner or to Charterer in respect of such requisition insofar as it falls within the Term (and, upon the request of Charterer, Shipowner shall execute and deliver to Charterer any necessary instrument of assignment with respect to the claim of Shipowner with respect thereto) and, provided no Event of Default (other than an Event of Default solely attributable to the fact that required action by Charterer with respect to such Vessel is prevented by such requisition) shall have occurred and be continuing, Shipowner shall pay any such amounts to Charterer immediately upon receipt thereof by Shipowner. (b) Should any Vessel be under requisition for use at or beyond the end of the Term: (i) Charterer shall, if prevented by reason of the requisition from redelivering such Vessel as provided in Article 13(a) hereof, be relieved from the obligation to do so, but shall consult with Shipowner as to the most convenient method of enabling Shipowner to obtain redelivery of such Vessel when she is released from such requisition; (ii) provided Charterer continues to pay Charter Hire as required hereunder, including Basic Hire pending Redelivery as provided in Article 10(c), during such period of requisition Charterer shall be entitled to any amounts payable to Shipowner or to Charterer in respect of such requisition (and, upon the request of Charterer, Shipowner shall execute and deliver to Charterer any necessary instrument of assignment with respect to the claim of Shipowner with respect thereto) and, provided no Event of Default (other than an Event of Default solely attributable to the fact that required action by Charterer with respect to such Vessel is prevented by such requisition) shall have occurred and be continuing, Shipowner shall pay any such amounts to Charterer immediately upon receipt thereof by Shipowner; and (iii) after such release Charterer shall be given a reasonable opportunity of complying with Charterer’s obligation under Article 6 and of removing any such additional equipment as is referred to in Article 6(b) hereof on the terms referred to therein. (c) Charterer agrees forthwith to notify Shipowner by telefax, telegram or telex, confirmed by letter, of any requisition of use of any Vessel by the United States or any other government.

Appears in 2 contracts

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

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