Rights of Port of Melbourne. Without limiting the foregoing provisions of this Clause 12: (a) If Port of Melbourne reasonably believes that a Pollution Incident has occurred or that a condition of Contamination or Environmental Hazard has arisen or is likely to arise as a result of the Owner’s activities, Port of Melbourne may issue a direction requiring that specified corrective action be undertaken by the Owner to the satisfaction of Port of Melbourne and within the timeframe specified by Port of Melbourne. (b) If the Owner fails to: (i) comply with the terms of a direction under sub‐clause (a) to the satisfaction of Port of Melbourne; or (ii) clean up and otherwise address or rectify a Pollution Incident and/or the cause of a Pollution Incident to the satisfaction of Port of Melbourne, Port of Melbourne may either: (iii) itself undertake the corrective action and recover its costs of undertaking the corrective action as a debt due from the Owner to Port of Melbourne; or (iv) deny the Owner the continuance of any right it would otherwise have had under this Agreement, including without limitation the right to remain in Port of Melbourne Waters.
Appears in 3 contracts
Samples: Standard Terms and Conditions, Standard Terms and Conditions for Berthing, Standard Terms and Conditions for Owners Berthing
Rights of Port of Melbourne. Without limiting the foregoing provisions of this Clause 12:
(a) If Port of Melbourne reasonably believes that a Pollution Incident has occurred or that a condition of Contamination or Environmental Hazard has arisen or is likely to arise as a result of the Owner’s activities, Port of Melbourne may issue a direction requiring that specified corrective action be undertaken by the Owner to the satisfaction of Port of Melbourne and within the timeframe specified by Port of Melbourne.
(b) If the Owner fails to:
(i) comply with the terms of a direction under sub‐clause (a) to the satisfaction of Port of Melbourne; or
(ii) clean up clean‐up and otherwise address or rectify a Pollution Incident and/or the cause of a Pollution Incident to the satisfaction of Port of Melbourne, Port of Melbourne may either:
(iii) itself undertake the corrective action and recover its costs of undertaking the corrective action as a debt due from the Owner to Port of Melbourne; or
(iv) deny the Owner the continuance of any right it would otherwise have had under this Agreement, including without limitation the right to remain in Port of Melbourne Waters.
Appears in 3 contracts
Samples: Standard Terms and Conditions for Channel Access, Standard Terms and Conditions for Channel Access, Standard Terms and Conditions for Channel Access
Rights of Port of Melbourne. Without limiting the foregoing provisions of this Clause 12:
(a) If Port of Melbourne reasonably believes that a Pollution Incident has occurred or that a condition of Contamination or Environmental Hazard has arisen or is likely to arise as a result of the Owner’s activities, Port of Melbourne may issue a direction requiring that specified corrective action be undertaken by the Owner to the satisfaction of Port of Melbourne and within the timeframe specified by Port of Melbourne.
(b) If the Owner fails to:
(i) comply with the terms of a direction under sub‐clause (a) to the satisfaction of Port of Melbourne; , or
(ii) clean up and otherwise address or rectify a Pollution Incident and/or the cause of a Pollution Incident to the satisfaction of Port of Melbourne, Port of Melbourne may either:
(iii) itself undertake the corrective action and recover its costs of undertaking the corrective action as a debt due from the Owner to Port of Melbourne; or
(iv) deny the Owner the continuance of any right it would otherwise have had under this Agreement, including without limitation the right to remain in Port of Melbourne Waters.
Appears in 2 contracts
Samples: Standard Terms and Conditions for Owners Berthing at Port of Melbourne Dedicated Facilities, Standard Terms and Conditions for Owners Berthing at Port of Melbourne Dedicated Facilities
Rights of Port of Melbourne. Without limiting the foregoing provisions of this Clause 12clause 11:
(a) If Port of Melbourne reasonably believes that a Pollution Incident has occurred or that a condition of Contamination or Environmental Hazard has arisen or is likely to arise as a result of the Owner’s Hirer's activities, Port of Melbourne may issue a direction requiring that specified corrective action be undertaken by the Owner Hirer to the satisfaction of Port of Melbourne and within the timeframe specified by Port of Melbourne.
(b) If the Owner Hirer fails to:
(i) comply with the terms of a direction under sub‐clause sub-clause (a) to the satisfaction of Port of Melbourne; or
(ii) clean clean-up and otherwise address or rectify a Pollution Incident and/or the cause of a Pollution Incident to the satisfaction of Port of Melbourne, Port of Melbourne may either:
(iii) itself undertake the corrective action and recover its costs of undertaking the corrective action as a debt due from the Owner Hirer to Port of Melbourne; or
(iv) deny the Owner Hirer the continuance of any right it would otherwise have had under this Agreement, including without limitation the right to remain in Port of Melbourne Waters.
Appears in 2 contracts
Samples: Standard Terms and Conditions, Standard Terms and Conditions
Rights of Port of Melbourne. Without limiting the foregoing provisions of this Clause 1213:
(a) If Port of Melbourne reasonably believes that a Pollution Incident has occurred or that a condition of Contamination or Environmental Hazard has arisen or is likely to arise as a result of the Owner’s activities, Port of Melbourne may issue a direction requiring that specified corrective action be undertaken by the Owner to the satisfaction of Port of Melbourne and within the timeframe specified by Port of Melbourne.Melbourne.
(b) If the Owner fails to:
(i) comply with the terms of a direction under sub‐clause (a) to the satisfaction of Port of Melbourne; or
(ii) clean up and otherwise address or rectify a Pollution Incident and/or the cause of a Pollution Incident to the satisfaction of Port of Melbourne, ,
(c) Port of Melbourne may either:
(iiii) itself undertake the corrective action and recover its costs of undertaking the corrective action as a debt due from the Owner to Port of Melbourne; or
(ivii) deny the Owner the continuance of any right it would otherwise have had under this Agreement, including without limitation the right to remain in Port of Melbourne Waters.
Appears in 1 contract
Samples: Standard Terms and Conditions for Owners Berthing at Port of Melbourne Common User Wharves
Rights of Port of Melbourne. Without limiting the foregoing provisions of this Clause 12clause 11:
(a) If Port of Melbourne reasonably believes that a Pollution Incident has occurred or that a condition of Contamination or Environmental Hazard has arisen or is likely to arise as a result of the Owner’s Hirer's activities, Port of Melbourne may issue a direction requiring that specified corrective action be undertaken by the Owner Hirer to the satisfaction of Port of Melbourne and within the timeframe specified by Port of Melbourne.
(b) If the Owner Hirer fails to:
(i) comply with the terms of a direction under sub‐clause (asub-clause 11.8(a) to the satisfaction of Port of Melbourne; or
(ii) clean clean-up and otherwise address or rectify a Pollution Incident and/or the cause of a Pollution Incident to the satisfaction of Port of Melbourne, Port of Melbourne may either:
(iii) itself undertake the corrective action and recover its costs of undertaking the corrective action as a debt due from the Owner Hirer to Port of Melbourne; or
(iv) deny the Owner Hirer the continuance of any right it would otherwise have had under this Agreement, including without limitation the right to remain in Port of Melbourne Waters.
Appears in 1 contract
Samples: Standard Terms and Conditions
Rights of Port of Melbourne. Without limiting the foregoing provisions of this Clause 12:12:
(a) If Port of Melbourne reasonably believes that a Pollution Incident has occurred or that a condition of Contamination or Environmental Hazard has arisen or is likely to arise as a result of the Owner’s activities, Port of Melbourne may issue a direction requiring that specified corrective action be undertaken by the Owner to the satisfaction of Port of Melbourne and within the timeframe specified by Port of Melbourne.
(b) If the Owner fails to:
(i) comply with the terms of a direction under sub‐clause (a) to the satisfaction of Port of Melbourne; or
(ii) clean up clean‐up and otherwise address or rectify a Pollution Incident and/or the cause of a Pollution Incident to the satisfaction of Port of Melbourne, Port of Melbourne may either:
(iii) itself undertake the corrective action and recover its costs of undertaking the corrective action as a debt due from the Owner to Port of Melbourne; or
(iv) deny the Owner the continuance of any right it would otherwise have had under this Agreement, including without limitation the right to remain in Port of Melbourne Waters.
Appears in 1 contract
Samples: Channel Access Agreement
Rights of Port of Melbourne. Without limiting the foregoing provisions of this Clause clause 12:
(a) If Port of Melbourne reasonably believes that a Pollution Incident has occurred or that a condition of Contamination or Environmental Hazard has arisen or is likely to arise as a result of the Owner’s activities, Port of Melbourne may issue a direction requiring that specified corrective action be undertaken by the Owner to the satisfaction of Port of Melbourne and within the timeframe specified by Port of Melbourne.
(b) If the Owner fails to:
(i) comply with the terms of a direction under sub‐clause (a) to the satisfaction of Port of Melbourne; , or
(ii) clean up and otherwise address or rectify a Pollution Incident and/or the cause of a Pollution Incident to the satisfaction of Port of Melbourne, Port of Melbourne may either:
(iii) itself undertake the corrective action and recover its costs of undertaking the corrective action as a debt due from the Owner to Port of Melbourne; or
(iv) deny the Owner the continuance of any right it would otherwise have had under this Agreement, including without limitation the right to remain in Port of Melbourne Waters.
Appears in 1 contract
Samples: Standard Terms and Conditions
Rights of Port of Melbourne. Without limiting the foregoing provisions of this Clause clause 12:
(a) If Port of Melbourne reasonably believes that a Pollution Incident has occurred or that a condition of Contamination or Environmental Hazard has arisen or is likely to arise as a result of the Owner’s Hirer's activities, Port of Melbourne may issue a direction requiring that specified corrective action be undertaken by the Owner Hirer to the satisfaction of Port of Melbourne and within the timeframe specified by Port of Melbourne.Melbourne.
(b) If the Owner Hirer fails to:
(i) comply with the terms of a direction under sub‐clause (a) to the satisfaction of Port of Melbournesub-clause 12.8(a); or
(ii) clean clean-up and otherwise address or rectify a Pollution Incident and/or the cause of a Pollution Incident to the satisfaction of Port of Melbourne, Port of Melbourne may eithermay:
(iii) itself undertake the corrective action and recover its costs of undertaking the corrective action as a debt due from the Owner Hirer to Port of Melbourne; or
(iv) deny the Owner Hirer the continuance of any right it would otherwise have had under this Agreement, including without limitation the right to remain in Port of Melbourne Waters.
Appears in 1 contract
Samples: Standard Terms and Conditions for Hirers’ Access to Port of Melbourne Common User Terminals
Rights of Port of Melbourne. Without limiting the foregoing provisions of this Clause 12:clause 13
(a) If Port of Melbourne reasonably believes that a Pollution Incident has occurred or that a condition of Contamination or Environmental Hazard has arisen or is likely to arise as a result of the Owner’s activities, Port of Melbourne may issue a direction requiring that specified corrective action be undertaken by the Owner to the satisfaction of Port of Melbourne and within the timeframe specified by Port of Melbourne.PortofMelbourne.
(b) If the Owner fails to:
(i) comply with the terms of a direction under sub‐clause (a) to the satisfaction of Port of Melbourne; , or
(ii) clean up clean‐up and otherwise address or rectify a Pollution Incident and/or the cause of a Pollution Incident to the satisfaction of Port of Melbourne, Port of Melbourne may either:
(iii) itself undertake the corrective action and recover its costs of undertaking the corrective action as a debt due from the Owner to Port of Melbourne; or
(iv) deny the Owner the continuance of any right it would otherwise have had under this Agreement, including without limitation the right to remain in Port of Melbourne Waters.
Appears in 1 contract
Samples: Standard Terms and Conditions for Owners Berthing at Port of Melbourne Dedicated Facilities