Common use of USE AND OPERATION OF THE VESSEL Clause in Contracts

USE AND OPERATION OF THE VESSEL. A. Charterer shall have the full use of the Vessel and, subject to the trading limits of Article 23 hereof, may employ the Vessel in any lawful trade or trades in accordance with the laws and regulations of the Vessel's flag state and any country where the Vessel may be operated, as Charterer may from time to time elect, and it agrees to comply with all Local, State, and Federal Regulations pertaining to the operation of the Vessel in the United States. B. During the Charter Period the Vessel shall be under the complete control of Charterer, who shall have exclusive possession, control, and command of the Vessel, subject to the terms hereof, and assumes full responsibility therefor, including port charges, agencies, fines, assessments and penalties incurred due to Charterer's use and operation of the Vessel. Nothing herein contained shall be construed as constituting any implied restriction on Charterer's right, during the Charter Period, consistent with this Charter, to employ the Vessel for its own account or for the account of others, either on a voyage or time charter basis, as Charterer may from time to time determine, provided however, Charterer must first obtain written consent of Owner, which shall not be unreasonably withheld or delayed, before entering into any voyage or time charter other than in the ordinary course of business. C. This Charter is a full and complete demise of the Vessel to Charterer. From the time of delivery to the termination of the Charter, at its own expense, Charterer shall either itself or through a maritime management or agency contract, man, victual, navigate, including engaging other vessels and pilots, operate, maintain in a good state of repair and in efficient operating condition, insure and supply the Vessel. Charterer shall be responsible for all charges and expenses of every kind and nature whatsoever incidental to Charterer's use and operation of the Vessel under the Charter including without limitation fuel, lubricating oil, and water. Charterer shall return the Vessel to Owner at the expiration of this Charter in the same good order and condition as when received, reasonable wear and tear excepted, in accordance with Article 13 herein. D. 1. Except for a lien for wages of a stevedores, wages for the crew of the vessel, general average or salvage including contract salvage, and except for maritime tort liens covered (subject to a reasonable deductible) by insurance or protection and indemnity entry, Charterer will not create or suffer to be continued any security interest, lien, encumbrance or charge on the Vessel or any income therefrom. In due course, and in any event within thirty (30) days after the same becomes due and payable, Charterer will pay or cause to be discharged or make adequate provision for the payment or discharge of all claims or demands which, if not paid or discharged, might result in the creation of a security interest, lien, encumbrance or charge against the Vessel or any income therefrom, and will cause the Vessel to be released or discharged from each such security interest, lien, encumbrance or charge therefor.

USE AND OPERATION OF THE VESSEL. A. The Charterer shall have the full use of the Vessel and, subject to the trading limits of Article 23 24 hereof, may employ the Vessel in any lawful trade or trades in accordance with the laws and regulations of the Vessel's flag state and any country where the Vessel may be operated, as the Charterer may from time to time elect, and it agrees to comply with all Locallocal, Statestate, and Federal Regulations federal regulations pertaining to the operation of the Vessel in the United States. B. During the Charter Period the Vessel shall be under the complete control of the Charterer, who shall have exclusive possession, control, and command of the Vessel, subject to the terms hereof, and assumes full responsibility therefor, including port charges, agencies, fines, assessments and penalties incurred due to Charterer's use and operation of the Vessel. Nothing herein contained shall be construed as constituting any implied restriction on Charterer's right, during the Charter Period, consistent with this Charter, to employ the Vessel for its own account or for the account of others, either on a voyage or time charter basis, as the Charterer may from time to time determine, provided however, Charterer must first obtain written consent of Owner, which shall not be unreasonably withheld or delayedwithheld, before entering into any voyage or time charter other than in the ordinary course of businesscharter. C. This Charter is a full and complete demise of the Vessel to the Charterer. From the time of delivery to the termination of the Charter, at its own expense, the Charterer shall either itself or through a maritime management or agency contract, man, victual, navigate, including engaging other vessels and pilots, operate, maintain in a good state of repair and in efficient operating condition, insure and supply the Vessel. The Charterer shall be responsible for all charges and expenses of every kind and nature whatsoever incidental to Charterer's use and operation of the Vessel under the Charter including without limitation fuel, lubricating oil, and water. Charterer shall return the Vessel to Owner at the expiration of this Charter in the event Charterer does not elect to purchase the Vessel pursuant to Article 19 hereof, in the same good order and condition as when received, reasonable wear and tear excepted, in accordance with Article 13 herein. D. (1. ) Except for a lien for wages of a stevedoresstevedore, wages for the crew of the vessel, general average or salvage including contract salvage, and except for maritime tort liens covered (subject to a reasonable deductible) by insurance or protection and indemnity entry, Charterer will not create or suffer to be continued any security interest, lien, encumbrance or charge on the Vessel or any income therefrom. In due course, and in any event within thirty (30) days after the same becomes due and payable, the Charterer will pay or cause to be discharged or make adequate provision for the payment or discharge of all claims or demands which, if not paid or discharged, might result in the creation of a security interest, lien, encumbrance or charge against the Vessel or any income therefrom, and will cause the Vessel to be released or discharged from each such security interest, lien, encumbrance or charge therefor. (2) If a complaint shall be filed against the Vessel or if the Vessel shall be seized, arrested and/or taken into custody or sequestered by virtue of any legal proceedings in any court, the Charterer shall within ten (10) days thereafter cause the Vessel to be released and discharged. Charterer shall remain liable for the payment of Charter Hire throughout any of the foregoing events. E. Charterer agrees, at its expense, to drydock the Vessel for the purpose of cleaning and painting the Vessel's bottom when necessary and making any required repairs, inspections or surveys, but not less than twice in every sixty months unless Owner otherwise agrees or as required by applicable Classification Society rules, and when drydocking is due, Charterer agrees to send the Vessel to a port where the Vessel can so drydock, clean and paint. All expenses incidental to such drydocking and all charges incurred in connection therewith shall be for the Charterer's account, regardless of whether Owner's repairs, if any, are concurrently made, provided that the Owner's repairs do not delay the operation of the Vessel or increase the cost to Charterer. F. Charterer will pay and discharge when and as due and payable, all taxes, assessments, excises, levies, documentation and registration fees, duties, fines and penalties and other governmental charges including without limitation, sales, use, franchise, property, gross receipts and occupation taxes lawfully imposed upon the Vessel or the ownership, use, operation, registration, documentation or maintenance thereof during the term of the Charter or on any Charter Hire or other amounts payable hereunder, other than taxes and other charges imposed on or measured by the net income or capital of the Owner.

USE AND OPERATION OF THE VESSEL. A. The Charterer shall have the full use of the Vessel and, subject to the trading limits of Article 23 24 hereof, may employ the Vessel in any lawful trade or trades in accordance with the laws and regulations of the Vessel's flag state and any country where the Vessel may be operated, as the Charterer may from time to time elect, and it agrees to comply with all Local, State, and Federal Regulations pertaining to the operation of the Vessel in the United States. B. During the Charter Period the Vessel shall be under the complete control of the Charterer, who shall have exclusive possession, control, and command of the Vessel, subject to the terms hereof, and assumes full responsibility therefor, including port charges, agencies, fines, assessments and penalties incurred due to Charterer's use and operation of the Vessel. Nothing herein contained shall be construed as constituting any implied restriction on Charterer's right, during the Charter Period, consistent with this Charter, to employ the Vessel for its own account or for the account of others, either on a voyage or time charter basis, as the Charterer may from time to time determine, provided provided, however, Charterer must first obtain written consent of Owner, which shall not be unreasonably withheld or delayed, before entering into any voyage or time charter other than in the ordinary course of business. C. This Charter is a full and complete demise of the Vessel to the Charterer. From the time of delivery to the termination of the Charter, at its own expense, the Charterer shall either itself or through a maritime management or agency contract, man, victual, navigate, including engaging other vessels and pilots, operate, maintain in a good state of repair and in efficient operating condition, insure and supply the Vessel. The Charterer shall be responsible for all charges and expenses of every kind and nature whatsoever incidental to Charterer's use and operation of the Vessel under the Charter including without limitation fuel, lubricating oil, and water. Charterer shall return the Vessel to Owner at the expiration of this Charter in the event Charterer does not elect to take assignment of the Purchase Option pursuant to Article 19 hereof, in the same good order and condition as when received, reasonable wear and tear excepted, in accordance with Article 13 herein. D. (1. ) Except for a lien for wages of a stevedores, wages for the crew of the vessel, general average or salvage including contract salvage, and except for maritime tort liens covered (subject to a reasonable deductible) by insurance or protection and indemnity entry, Charterer will not create or suffer to be continued any security interest, lien, encumbrance or charge on the Vessel or any income therefrom. In due course, and in any event within thirty (30) days after the same becomes due and payable, the Charterer will pay or cause to be discharged or make adequate provision for the payment or discharge of all claims or demands which, if not paid or discharged, might result in the creation of a security interest, lien, encumbrance or charge against the Vessel or any income therefrom, and will cause the Vessel to be released or discharged from each such security interest, lien, encumbrance or charge therefor. (2) If a complaint shall be filed against the Vessel or if the Vessel shall be seized, arrested and/or taken into custody or sequestered by virtue of any legal proceedings in any court, the Charterer shall within ten (10) days thereafter cause the Vessel to be released and discharged. Charterer shall remain liable for the payment of Charter Hire throughout any of the foregoing events. E. Charterer agrees, at its expense, to drydock the Vessel for the purpose of cleaning and painting the Vessel's bottom when necessary and making any required repairs, inspections or surveys, but not less frequently than as required by the Master Charter or applicable classification society rules, and when drydocking is due, Charterer agrees to send the Vessel to a port where the Vessel can so drydock, clean and paint. All expenses incidental to such drydocking and all charges incurred in connection therewith shall be for the Charterer's account, regardless of whether Owner's repairs, if any, are concurrently made, provided that the Owner's repairs do not delay the operation of the Vessel or increase the cost to Charterer. F. Charterer will pay and discharge when and as due and payable, all taxes, assessments, excises, levies, documentation and registration fees, duties, fines and penalties and other governmental charges including without limitation, sales, use, franchise, property, gross receipts and occupation taxes lawfully imposed upon the Vessel or the ownership, use, operation, registration, documentation or maintenance thereof during the term of the Charter or on any Charter Hire or other amounts payable hereunder, other than taxes and other charges imposed on or measured by the net income or capital of Owner. G. Notwithstanding anything herein to the contrary, until such time as Charterer has applied for and obtained an Alcoholic Beverage License from the State of Florida, Owner shall continue to conduct certain operations and concessions necessary for the sale of alcoholic beverages and shall be entitled to reimbursement from Charterer of the actual, out-of-pocket costs incurred by Owner in connection therewith.

USE AND OPERATION OF THE VESSEL. A. The Charterer shall have the full use of the Vessel and, subject to the trading limits of Article 23 24 hereof, may employ the Vessel in any lawful trade or trades in accordance with the laws and regulations of the Vessel's flag state and any country where the Vessel may be operated, as the Charterer may from time to time elect, and it agrees to comply with all Local, State, and Federal Regulations pertaining to the operation of the Vessel in the United States. B. During the Charter Period the Vessel shall be under the complete control of the Charterer, who shall have exclusive possession, control, and command of the Vessel, subject to the terms hereof, and assumes full responsibility therefor, including port charges, agencies, fines, assessments and penalties incurred due to Charterer's use and operation of the Vessel. Nothing herein contained shall be construed as constituting any implied restriction on Charterer's right, during the Charter Period, consistent with this Charter, to employ the Vessel for its own account or for the account of others, either on a voyage or time charter basis, as the Charterer may from time to time determine, provided however, Charterer must first obtain written consent of Owner, which shall not be unreasonably withheld or delayed, before entering into any voyage or time charter other than in the ordinary course of business. C. This Charter is a full and complete demise of the Vessel to the Charterer. From the time of delivery to the termination of the Charter, at its own expense, the Charterer shall either itself or through a maritime management or agency contract, man, victual, navigate, including engaging other vessels and pilots, operate, maintain in a good state of repair and in efficient operating condition, insure and supply the Vessel. The Charterer shall be responsible for all charges and expenses of every kind and nature whatsoever incidental to Charterer's use and operation of the Vessel under the Charter including without limitation fuel, lubricating oil, and water. Charterer shall return the Vessel to Owner at the expiration of this Charter in the event Charterer does not elect to take assignment of the Purchase Option pursuant to Article 19 hereof, in the same good order and condition as when received, reasonable wear and tear excepted, in accordance with Article 13 herein. D. (1. ) Except for a lien for wages of a stevedores, wages for the crew of the vessel, general average or salvage including contract salvage, and except for maritime tort liens covered (subject to a reasonable deductible) by insurance or protection and indemnity entry, Charterer will not create or suffer to be continued any security interest, lien, encumbrance or charge on the Vessel or any income therefrom. In due course, and in any event within thirty (30) days after the same becomes due and payable, the Charterer will pay or cause to be discharged or make adequate provision for the payment or discharge of all claims or demands which, if not paid or discharged, might result in the creation of a security interest, lien, encumbrance or charge against the Vessel or any income therefrom, and will cause the Vessel to be released or discharged from each such security interest, lien, encumbrance or charge therefor. (2) If a complaint shall be filed against the Vessel or if the Vessel shall be seized, arrested and/or taken into custody or sequestered by virtue of any legal proceedings in any court, the Charterer shall within ten (10) days thereafter cause the Vessel to be released and discharged. Charterer shall remain liable for the payment of Charter Hire throughout any of the foregoing events. E. Charterer agrees, at its expense, to drydock the Vessel for the purpose of cleaning and painting the Vessel's bottom when necessary and making any required repairs, inspections or surveys, but not less frequently than as required by the Master Charter or applicable classification society rules, and when drydocking is due, Charterer agrees to send the Vessel to a port where the Vessel can so drydock, clean and paint. All expenses incidental to such drydocking and all charges incurred in connection therewith shall be for the Charterer's account, regardless of whether Owner's repairs, if any, are concurrently made, provided that the Owner's repairs do not delay the operation of the Vessel or increase the cost to Charterer. F. Charterer will pay and discharge when and as due and payable, all taxes, assessments, excises, levies, documentation and registration fees, duties, fines and penalties and other governmental charges including without limitation, sales, use, franchise, property, gross receipts and occupation taxes lawfully imposed upon the Vessel or the ownership, use, operation, registration, documentation or maintenance thereof during the term of the Charter or on any Charter Hire or other amounts payable hereunder, other than taxes and other charges imposed on or measured by the net income or capital of Owner. G. Notwithstanding anything herein to the contrary, until such time as Charterer has applied for and obtained an Alcoholic Beverage License from the State of Florida, Owner shall continue to conduct certain operations and concessions necessary for the sale of alcoholic beverages and shall be entitled to reimbursement from Charterer of the actual, out-of-pocket costs incurred by Owner in connection therewith.