Common use of Vessel liability Clause in Contracts

Vessel liability. The Vessel Owner and Vessel shall jointly and severally, indemnify, defend and save harmless the Operator and the Authority from any and all loss, damage costs, expenses, damages or losses whatsoever which either or both the Operator or the Authority may incur, caused or occasioned as a result of the use by or the presence of the Vessel Owner, the Vessel and/or its crew at the Berth Corridor; including but not limited to personal injury, death, physical damage to property, consequential and economic loss, caused directly or indirectly by: a. The failure of the Vessel, Vessel Owner or the operator of a Vessel to comply with the requirements of the MTS Act, the MTS Regulations and any amendments thereto, specifically including but not limited to any Hazardous Substances discharge and/or spill. b. From any claims whatsoever arising from or related to the presences of or use by the Vessel of the Berth Corridor. c. The Vessel or any part of the Vessel making contact with or anyway damaging the Berth Corridor, the Berth Structure and/ or any other property or equipment located on the Berth Corridor. d. The Vessel sinking, blocking or otherwise impeding or interfering with the use or safe navigation to or from the Berth Corridor. e. Any breach of its duties or violation of the provisions of this Tariff and/or the Fee Schedule. f. The negligence of the Vessel, Vessel Owner or any other User related to either of them.

Vessel liability. The Vessel Owner and Vessel shall jointly and severally, indemnify, defend and save harmless the Operator and the Authority from any and all loss, damage costs, expenses, damages or losses whatsoever which either or both the Operator or the Authority may incur, caused or occasioned as a result of the use by or the presence of the Vessel Owner, the Vessel and/or its crew at the Berth Corridor; including but not limited to personal injury, death, physical damage to property, consequential and economic loss, caused directly or indirectly by: a. The failure of the Vessel, Vessel Owner or the operator of a Vessel to comply with the requirements of the MTS Act, the MTS Regulations and any amendments thereto, specifically including but not limited to any Hazardous Substances discharge and/or spill. b. From any claims whatsoever arising from or related to the presences of or use by the Vessel of the Berth Corridor. c. The Vessel or any part of the Vessel making contact with or anyway damaging the Berth Corridor, the Berth Structure and/ or any other property or equipment located on the Berth Corridor. d. The Vessel sinking, blocking or otherwise impeding or interfering with the use or safe navigation to or from the Berth Corridor. e. Any breach of its duties or violation of the provisions of this Tariff and/or the Fee ScheduleDocument. f. The negligence of the Vessel, Vessel Owner or any other User related to either of them.