Use of Berth Sample Clauses

Use of Berth. Customer shall have non-exclusive use of the Berth from and after the Effective Date throughout the Term. Owner shall use due diligence to make the Berth safe and capable of accommodating Vessels with mean draft, maximum length overall and maximum beam consistent with the Berth’s dimensions and depths; provided, however, that in the event of severe weather conditions, Owner’s obligation to make the Berth available to Customer shall be limited in accordance with Good Industry Practice and applicable Laws.
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Use of Berth. ‌ 23.1 Where the Permitted Use includes the use of a Berth to allow the use of or cause a vessel to be berthed and to load out structures, materials and plant and equipment then the following provisions apply. 23.2 All provisions to this Agreement apply to the mooring of any vessel at the Berth or the use of the Berth on the basis that the Berth is part of the Common User Facility. 23.3 The User will cause any vessel to dock at the Berth and be moored at the Berth only for the Permitted Use and for such berthing to be effected in accordance with: (a) Good Industry Practice; (b) all requirements and directions of the Manager; (c) in accordance with all applicable Laws; (d) the requirements of any Local or Public Authority. 23.4 The User is solely responsible for the operations of any vessel moored at the Berth and the provisions of this Agreement will extend to and apply to all operations of the vessel as if the vessel was situated on the Common User Facility and owned by the User. 23.5 The User is not entitled to use the Berth for the mooring of any vessel at the Berth unless the User has first given not less than 10 Business Days notice in writing to the Manager in such form as may be required by the Manager for such notification and the Manager has approved the use of the Berth. If required by DevelopmentWA or the Manager, it may impose any reasonable conditions relating to the use of the Berth. 23.6 The User is solely liable for all arrangements in respect of the berthing of the vessel by itself or through any agent or contractor of the User. 23.7 Where this User Agreement includes use of the Jetty, the following provisions will apply: (a) the User must comply with the Jetty Licence entered into between the State and DevelopmentWA, a copy of which will be made available to the User upon request to the Manager, and (b) the User must comply with any Facility Rules relating to the Jetty.
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Use of Berth. 7.1. The Owner must: 7.1.1. ensure that the Vessel is moored within the boundaries of the Berth and does not encroach beyond the Berth boundaries; 7.1.2. ensure that the Vessel is kept in a sound, safe, secure, sea worthy and watertight condition and that all mooring lines are in good condition; 7.1.3. ensure that all appropriate gates, entrances and exits within the Complex are properly closed after each use; 7.1.4. not carry out any repairs, sandblasting, painting, hull cleaning, fitting out or refitting of the Vessel within the Berth without first seeking the prior written consent of GCCM. GCCM may in its absolute discretion, by prior written notice permit the Owner to carry out minor internal repairs, painting and other minor works, mechanical adjustments and electrical work on the Vessel; 7.1.5. engage any tradesman to work on the Vessel without the prior written consent of the Manager or GCCM,; 7.1.6. not obstruct in any way the embarkation or disembarkation of other occupants of the Complex; 7.1.7. not permit any fishing trawler to be moored in the Berth or display any “for sale” or other sign on the Berth or the Vessel; 7.1.8. not fuel the Vessel from the Berth or any other place within the Marina, other than the marine fuelling facility designated by GCCM from time to time; 7.1.9. ensure that the Vessel is not used as a permanent place for human habitation; 7.1.10. take all necessary precautions against the outbreak of fire in or upon the Vessel while it is moored in the Berth; 7.1.11. keep the sight line of any navigation leads, light or mark which crosses the Berth clear of obstructions to the satisfaction of GCCM and any relevant Authority; 7.1.12. at its Cost observe, perform and fulfil all requirements of any Law and any Environmental Protection Law affecting the Vessel or the Berth and ensure that all licences and registrations for the Vessel are maintained; 7.1.13. at its Cost, keep the waters in the Berth clean and not (while the Vessel is moored in the Berth or otherwise in the Marina) use any toilet on the Vessel unless the toilet is connected to an approved holding tank in the Vessel; 7.1.14. at its own Cost dispose of any sewage ashore via any sewerage pump out station provided by GCCM; 7.1.15. not do anything on the Complex, the Berth or the Vessel which is immoral, unlawful, noxious, offensive, hazardous, or likely to cause nuisance or injury to GCCM or to any other person; 7.1.16. not conduct any auction, fire, bankruptcy or liquida...
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Use of Berth. The Customer shall only use the Berth for pleasure boating purposes and not for any commercial or other use or purpose unless Eke Panuku at its sole discretion has approved such a use in writing.
Sample 1
Use of Berth. This Agreement grants Applicant, its officers, directors, and employees and its crew (collectively “Applicant”), and its contractors, including without limitation persons providing stevedoring, chandlery, harbor services and other services (collectively, “Contractors”) the right to dock vessels owned, operated or represented by Applicant at the assigned berth (the “Berth”) at the Facility for the duration specified in this Agreement for layberthing and/or loading and unloading of cargo, provisions, gear and machinery of such vessel over through and upon the Facility. This Agreement grants a revocable, personal, non- assignable, non-exclusive, and non-possessory privilege to conduct the permitted use only on a temporary basis. Port, in its sole discretion, without liability to Applicant, shall have the right to permanently or temporarily close, revise or modify the Berth upon reasonable notice to Applicant and Applicant shall comply with any such revisions or modifications. Without limiting any of Port's rights hereunder, Applicant agrees that Port may, in its sole and absolute discretion, revoke or terminate this Agreement without cause and without liability or obligation to pay any consideration to Applicant or its Contractors. Applicant acknowledges that it has inspected the Berth and the Facility and is satisfied that such facilities are adequate for the safe and secure dockage of Applicant's vessel and use. Applicant shall immediately notify the Port’s Wharfinger of any observed dangerous condition requiring attention by the Port. Neither Applicant nor its Contractors shall alter docks, pilings or any improvements or facilities of the Berth or Facility. There is no warranty of any kind as to the condition of the Berths, fendering, water depth, ramps, mooring points, or any other part of the Facility and Applicant accepts them in their "As Is" condition. Applicant further acknowledges and agrees that neither Port nor any of its agents have made, and Port hereby disclaims, any representations or warranties, express or implied, concerning the physical or environmental condition of the Facility (including, but not limited to the substructure), the present or future suitability of the Facility for Applicant's business, or any other matter whatsoever relating to the Facility, including, without limitation, any implied warranties of merchantability or fitness for a particular purpose. Applicant shall cooperate with Port, other licensees and users of the Facil...
Sample 1
Use of Berth. 3.1 The Licensee shall use the Berth for: 3.1.1 the purpose of berthing the Named Boat; and 3.1.2 any other purpose authorised by this Licence, but for no other purpose. 3.2 The Licensee covenants that the Named Boat is individually and beneficially owned by the Licensee. The Licensee may at any time or times, by notice in writing to the Licensor, nominate a different boat, providing that the boat so nominated complies with clause 3.3. 3.3 The Licensee shall not, without the prior approval of the Manager, at any time: 3.3.1 allow any part of the Named Boat moored in the Berth to extend beyond the dimensions of the Berth; or 3.3.2 permit any part of the Named Boat to extend onto or over any walkway forming part of the Marina. 3.4 The length of the Berth is measured from the face of the walkway serving the Berth to end of the centre pole. 3.5 The Licensee shall use the Berth only for berthing the Named Boat whilst it is used for recreational boating purposes and not for any commercial or other use or purpose unless the Manager, in its sole discretion, has given prior written consent to such use. 3.6 The Licensee may advise the Manager of any proposed periods during which the Berth will not be used by the Licensee. During such periods the Manager shall have the right to let the Berth. Any rental for the Berth shall be payable to the Licensee, after deduction of an administration fee set from time to time by the Licensor.
Sample 1
Use of Berth. This Rental Agreement is limited to the vessel named in your Booking Reservation (Vessel) and no other vessel is allowed in the Allocated Berthage during the Term except by prior arrangement with us. You will only use the Allocated Berthage for recreational boating purposes and not for any commercial activity, and you will not adjust, tamper with, or remove any mooring lines, fenders or any other equipment associated with your Allocated Berthage.
Sample 1
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Use of Berth 
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Related to Use of Berth

  • Use of Customer Name Contractor may use County’s name without County’s prior written consent only in Contractor’s customer lists. Any other use of County’s name by Contractor must have the prior written consent of County.

  • Use of Cookies 5.1 We use cookies to ensure that our website works effectively and to support your trading activities. Cookies are small text files sent from our web server to your computer. Our cookies do not contain any personal data, account numbers, or passwords. 5.2 We may enlist outside organizations to help us manage the website and collect and analyze statistical data. These outside organizations may install and use their own cookies on our behalf.

  • Use of First Samples Drawn For the purposes of all samples (Discovery Sample(s) and Full Sample(s)) discussed in this Appendix, the Paid Claims selected in each first sample shall be used (i.e., it is not permissible to generate more than one list of random samples and then select one for use with the Discovery Sample or Full Sample).

  • Use of FIIOC’s and FSC's Name The Trust shall not use the name of FIIOC and FSC in any Prospectus, sales literature or other material relating to the Trust or any Fund of the Trust in a manner not consented to by FIIOC and FSC prior to use; provided, however, that FIIOC and FSC shall approve all uses of its name which merely refer in accurate terms to its appointments, duties or fees hereunder or which are required by the Securities and Exchange Commission ("SEC" or “Commission”) or a state securities commission; and further, provided that in no event shall such approval be unreasonably withheld.

  • Use of Logos The Company hereby consents to the use of its and its Subsidiaries’ logos in connection with the Debt Financing so long as such logos (i) are used solely in a manner that is not intended to or likely to harm or disparage the Company Group or the reputation or goodwill of the Company Group; (ii) are used solely in connection with a description of the Company, its business and products or the Merger; and (iii) are used in a manner consistent with the other terms and conditions that the Company reasonably imposes.

  • Use of Name (a) The Sub-Adviser hereby consents to the use of its name and the names of its affiliates in the Fund’s disclosure documents, shareholder communications, advertising, sales literature and similar communications. The Sub-Adviser shall not use the name or any tradename, trademark, trade device, service xxxx, symbol or any abbreviation, contraction or simulation thereof of the Adviser, the Trust, the Fund or any of their affiliates in its marketing materials unless it first receives prior written approval of the Trust and the Adviser. (b) It is understood that the name of each party to this Agreement, and any derivatives thereof or logos associated with that name, is the valuable property of the party in question and its affiliates, and that each other party has the right to use such names pursuant to the relationship created by, and in accordance with the terms of, this Agreement only so long as this Agreement shall continue in effect. Upon termination of this Agreement, the parties shall forthwith cease to use the names of the other parties (or any derivative or logo) as appropriate and to the extent that continued use is not required by applicable laws, rules and regulations.

  • Use of websites (a) The Guarantor may satisfy its obligation to deliver any public information to the Lenders by posting this information onto an electronic website designated by the Guarantor and the Administrative Agent (the “Designated Website”) by notifying the Administrative Agent (i) of the address of the website together with any relevant password specifications and (ii) that such information has been posted on the website; provided, that in any event the Guarantor shall supply the Administrative Agent with one copy in paper form of any information which is posted onto the website. (b) The Administrative Agent shall supply each Lender with the address of and any relevant password specifications for the Designated Website following designation of that website by the Guarantor and the Administrative Agent. (c) The Guarantor shall promptly upon becoming aware of its occurrence notify the Administrative Agent if: (i) the Designated Website cannot be accessed due to technical failure; (ii) the password specifications for the Designated Website change; (iii) any new information which is required to be provided under this Guaranty is posted onto the Designated Website; (iv) any existing information which has been provided under this Guaranty and posted onto the Designated Website is amended; or (v) the Guarantor becomes aware that the Designated Website or any information posted onto the Designated Website is or has been infected by any electronic virus or similar software. If the Guarantor notifies the Administrative Agent under Section 8.3(c)(i) or Section 8.3(c)(v) above, all information to be provided by the Guarantor under this Guaranty after the date of that notice shall be supplied in paper form unless and until the Administrative Agent is satisfied that the circumstances giving rise to the notification are no longer continuing.

  • Use of Book-Entry System The Fund shall deliver to PFPC Trust certified resolutions of the Board approving, authorizing and instructing PFPC Trust on a continuous basis, to deposit in the Book-Entry System all securities belonging to the Portfolios eligible for deposit therein and to utilize the Book-Entry System to the extent possible in connection with settlements of purchases and sales of securities by the Portfolios, and deliveries and returns of securities loaned, subject to repurchase agreements or used as collateral in connection with borrowings. PFPC Trust shall continue to perform such duties until it receives Written Instructions or Oral Instructions authorizing contrary actions. PFPC Trust shall administer the Book-Entry System as follows: (i) With respect to securities of each Portfolio which are maintained in the Book-Entry System, the records of PFPC Trust shall identify by book-entry or otherwise those securities belonging to each Portfolio. PFPC Trust shall furnish to the Fund a detailed statement of the Property held for each Portfolio under this Agreement at least monthly and from time to time and upon written request. (ii) Securities and any cash of each Portfolio deposited in the Book-Entry System will at all times be segregated from any assets and cash controlled by PFPC Trust in other than a fiduciary or custodian capacity but may be commingled with other assets held in such capacities. PFPC Trust and its sub-custodian, if any, will pay out money only upon receipt of securities and will deliver securities only upon the receipt of money. (iii) All books and records maintained by PFPC Trust which relate to the Fund's participation in the Book-Entry System will be open to the inspection of Authorized Persons at all times during PFPC Trust's regular business hours, and PFPC Trust will furnish to the Fund all information in respect of the services rendered as it may require. PFPC Trust will also provide the Fund with such reports on its own system of internal control as the Fund may reasonably request from time to time.

  • Use of Software Any software that is available on the Services ("Software") is the copyrighted work of Red Hat and/or its licensors. Copying or reproducing the Software to any other server or location for further reproduction or redistribution is strictly prohibited, unless such reproduction or redistribution is permitted by a license agreement accompanying such Software. You may not create derivative works of the Software, or attempt to decompile or reverse-engineer the Software unless otherwise permitted by law. Use of the Software is subject to the license terms of any license agreement that may accompany or is provided with the Software. You may not download any Software until you have read and accepted the terms of the accompanying software license. WITHOUT LIMITING THE FOREGOING, THE SOFTWARE IS WARRANTED, IF AT ALL, ONLY ACCORDING TO THE TERMS OF THE SEPARATE LICENSE AGREEMENT ACCOMPANYING THE SOFTWARE. EXCEPT AS WARRANTED IN SUCH LICENSE AGREEMENT, RED HAT, ITS PARENT, SUBSIDIARY, AND AFFILIATE COMPANIES, AND ITS LICENSORS DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THE SOFTWARE, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, TO THE MAXIMUM EXTENT PERMITTED BY LAW.

  • Use of Funds Grantee shall expend funds under this Grant Agreement only for approved services and for reasonable and allowable expenses directly related to those services.

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