VESSEL CONDITION AND ACCESS. The Vessel Party, at all times, shall remain responsible for the seaworthy condition of the Vessel. Tampa Electric reserves the right to refuse any Vessel considered un-seaworthy due to damage, distribution of load, draft or lack of freeboard, lists or such other reason for which Tampa Electric deems the Vessel not suitable for handling at the Terminal. The berthing or anchoring of any Vessel at the Terminal shall constitute a warranty by the Vessel Party to Tampa Electric that there are no latent defects in the Vessel. In the event the Vessel Party requests discharge services from Tampa Electric, such request shall constitute a warranty by Vessel Party that such Vessel is capable of being unloaded by the Terminal using the equipment normally employed by the Terminal. In no event shall Tampa Electric be responsible for the seaworthiness, maintenance, repair or service of any Vessels coming into the Terminal, such responsibility being that of the Vessel Party. Notwithstanding the foregoing, should any Vessel develop any leaks, cracks or other conditions which, in the sole judgment of Tampa Electric, may result in damage to the Vessel and/or its Cargo, Vessel Party agrees to take whatever steps are necessary to protect the Vessel and/or its Cargo. All Vessels are to furnish at all times while at the Terminal safe access onboard. The Vessel Party acknowledges that any Vessel arriving at the Terminal with cargo on its deck may constitute a hazardous and unsafe condition. The Vessel Party agrees that if notified of such condition, it shall be the sole responsibility of the Vessel Party to clean and remove any such cargo which renders the deck of any such Vessel hazardous to the safety of any person. Should the Vessel Party fail to promptly clean and remove cargo from the deck of any such Vessel, the Tampa Electric reserves the right, but not the obligation, to clean and remove the cargo from the Vessel’s deck, the cost of which will be solely for the account of the Vessel Party.
