Common use of Waiver of Subrogation Clause Clause in Contracts

Waiver of Subrogation Clause. The OWNER CLEARLY EXPRESSES THE INTENT and AGREEMENT that, in consideration of the execution of this license agreement and as a material term of this Agreement, the OWINER shall not under any circumstances whatsoever subrogate or assign any claim or claims of any sort against the MARINA, its agents or employees, to any third parties, including insurers or underwriters. OWNER acknowledges that any such subrogation or assignment shall be null and void. In the event that legal action against the MARINA is initiated based on the subrogated rights of the OWNER the OWNER CLEARLY EXPRESSES THE INTENT and AGREEMENT to indemnify and defend the MARINA and agrees to pay to the MARINA all costs of defending the legal action, including reasonable attorney's fees, should any such legal action be initiated. NO BAILMENT: It is understood and agreed that this Agreement does not constitute a bailment. The OWNER retains and has the exclusive care, custody and control of the vessel or unit and its contents at all times, and the OWNER is solely responsible for the vessel or unit, the safe dockage of the vessel or safe storage of unit, its contents, the proper operating condition of the vessel's or unit’s equipment, for the size and conditions of the dock lines and the maintenance of the vessel or unit. OWNER acknowledges that he is solely responsible for preventing the entry of unauthorized persons onto the OWNER'S vessel or unit and OWNER understands and agrees that the MARINA does not warrant or assure that unauthorized persons will not board the OWNER's vessel or unit and, accordingly, the OWNER is solely responsible for the security of the OWNER's vessel or unit. OWNER has been informed of the firefighting procedures and equipment, first aid and security provisions, procedures and equipment available at the MARINA and OWNER hereby acknowledges same as being sufficient reasonable and adequate. NAMED WINDSTORMS: OWNER has been informed of the MARINA's Hurricane Preparedness Plan which is found on our website and OWNER hereby acknowledges same as being sufficient reasonable and adequate. OWNER acknowledges receipt of the MARINA's Hurricane Preparedness Plan. The MARINA should not be considered safe harbor during named wind storm conditions. The MARINA recommends you vacate the facility and find a suitable, safe location to secure your vessel or unit during a named windstorm. This should be done at least 72 hours before predicted landfall, otherwise, you must ensure that all reasonable actions are taken to secure your vessel or unit at the MARINA including but not limited to the use of all available cleats, ropes, fenders to properly secure the vessel. Pursuant to Florida Statute Section 327.59 (3) in the event a vessel owner fails to promptly remove a vessel from a marina after a tropical storm or hurricane watch has been issued, the XXXXXX xxx remove the vessel, if reasonable, from its slip or take whatever reasonable actions are deemed necessary to properly secure a vessel to minimize damage to a vessel and to protect marina property, private property, and the environment. XXXXXX reserves the right to charge the OWNER a reasonable fee for any such services rendered. I further understand that I am responsible and liable for any and all damages to other tenant’s vessel’s and Ocean Blue Marina’s property, including, but not limited to damage to fences, dry storage racks, docks, pilings, bulkhead, utility lines, buildings, structures, and any other real or personal property in which XXXXXX has an interest. OWNER / OWNER’s authorized agent initials NOTICE TO VESSEL OWNER PURSUANT TO FLORIDA STATUTE SECTION 327.59: The undersigned MARINA representative hereby informs you that in the event you fail to remove your vessel from the marina promptly within 36 hours after the issuance of a tropical storm or hurricane watch for Key Largo, Florida, under Florida law, the undersigned MARINA representative or his or her employees or agents are authorized to remove your vessel, if reasonable, from its slip or take any and all other reasonable actions deemed appropriate by the undersigned or his or her employees or agents in order to better secure your vessel and to protect marina property, private property, and the environment. You are further notified that you may be charged a reasonable fee for any such action.

Waiver of Subrogation Clause. The OWNER CLEARLY EXPRESSES THE INTENT and AGREEMENT that, in consideration of the execution of this license agreement and as a material term of this Agreement, the OWINER shall not under any circumstances whatsoever subrogate or assign any claim or claims of any sort against the MARINA, its agents or employees, to any third parties, including insurers or underwriters. OWNER acknowledges that any such subrogation or assignment shall be null and void. In the event that legal action against the MARINA is initiated based on the subrogated rights of the OWNER the OWNER CLEARLY EXPRESSES THE INTENT and AGREEMENT to indemnify and defend the MARINA and agrees to pay to the MARINA all costs of defending the legal action, including reasonable attorney's fees, should any such legal action be initiated. NO BAILMENT: It is understood and agreed that this Agreement does not constitute a bailment. The OWNER retains and has the exclusive care, custody and control of the vessel or unit and its contents at all times, and the OWNER is solely responsible for the vessel or unit, the safe dockage of the vessel or safe storage of unit, its contents, the proper operating condition of the vessel's or unit’s equipment, for the size and conditions of the dock lines and the maintenance of the vessel or unit. OWNER acknowledges that he is solely responsible for preventing the entry of unauthorized persons onto the OWNER'S vessel or unit and OWNER understands and agrees that the MARINA does not warrant or assure that unauthorized persons will not board the OWNER's vessel or unit and, accordingly, the OWNER is solely responsible for the security of the OWNER's vessel or unit. OWNER has been informed of the firefighting procedures and equipment, first aid and security provisions, procedures and equipment available at the MARINA and OWNER hereby acknowledges same as being sufficient reasonable and adequate. NAMED WINDSTORMS: OWNER has been informed of the MARINA's Hurricane Preparedness Plan which is found on our website and OWNER hereby acknowledges same as being sufficient reasonable and adequate. OWNER acknowledges receipt of the MARINA's Hurricane Preparedness Plan. The MARINA should not be considered safe harbor during named wind storm conditions. The MARINA recommends you vacate the facility and find a suitable, safe location to secure your vessel or unit during a named windstorm. This should be done at least 72 hours before predicted landfall, otherwise, you must ensure that all reasonable actions are taken to secure your vessel or unit at the MARINA including but not limited to the use of all available cleats, ropes, fenders to properly secure the vessel. Pursuant to Florida Statute Section 327.59 (3) in the event a vessel owner fails to promptly remove a vessel from a marina after a tropical storm or hurricane watch has been issued, the XXXXXX xxx remove the vessel, if reasonable, from its slip or take whatever reasonable actions are deemed necessary to properly secure a vessel to minimize damage to a vessel and to protect marina property, private property, and the environment. XXXXXX MARINA reserves the right to charge the OWNER a reasonable fee for any such services rendered. I further understand that I am responsible and liable for any and all damages to other tenant’s vessel’s and Ocean Blue Marina’s property, including, but not limited to damage to fences, dry storage racks, docks, pilings, bulkhead, utility lines, buildings, structures, and any other real or personal property in which XXXXXX MARINA has an interest. OWNER / OWNER’s authorized agent initials NOTICE TO VESSEL OWNER PURSUANT TO FLORIDA STATUTE SECTION 327.59: The undersigned MARINA representative hereby informs you that in the event you fail to remove your vessel from the marina promptly within 36 hours after the issuance of a tropical storm or hurricane watch for Key Largo, Florida, under Florida law, the undersigned MARINA representative or his or her employees or agents are authorized to remove your vessel, if reasonable, from its slip or take any and all other reasonable actions deemed appropriate by the undersigned or his or her employees or agents in order to better secure your vessel and to protect marina property, private property, and the environment. You are further notified that you may be charged a reasonable fee for any such action.

Waiver of Subrogation Clause. The OWNER CLEARLY EXPRESSES THE INTENT and AGREEMENT that, in consideration of the execution of this license agreement and as a material term of this Agreement, the OWINER shall not under any circumstances whatsoever subrogate or assign any claim or claims of any sort against the MARINA, its agents or employees, to any third parties, including insurers or underwriters. OWNER acknowledges that any such subrogation or assignment shall be null and void. In the event that legal action against the MARINA is initiated based on the subrogated rights of the OWNER the OWNER CLEARLY EXPRESSES THE INTENT and AGREEMENT to indemnify and defend the MARINA and agrees to pay to the MARINA all costs of defending the legal action, including reasonable attorney's fees, should any such legal action be initiated. NO BAILMENT: It is understood and agreed that this Agreement does not constitute a bailment. The OWNER retains and has the exclusive care, custody and control of the vessel or unit and its contents at all times, and the OWNER is solely responsible for the vessel or unitvessel, the safe dockage of the vessel or safe storage of unitvessel, its contents, the proper operating condition of the vessel's or unit’s equipment, for the size and conditions of the dock lines and the maintenance of the vessel or unitvessel. OWNER acknowledges that he is solely responsible for preventing the entry of unauthorized persons onto the OWNER'S vessel or unit and OWNER understands and agrees that the MARINA does not warrant or assure that unauthorized persons will not board the OWNER's vessel or unit and, accordingly, the OWNER is solely responsible for the security of the OWNER's vessel or unitvessel. OWNER has been informed of the firefighting procedures and equipment, first aid and security provisions, procedures and equipment available at the MARINA and OWNER hereby acknowledges same as being sufficient reasonable and adequate. NAMED WINDSTORMS: OWNER has been informed of the MARINA's Hurricane Preparedness Plan which is found on our website and OWNER hereby acknowledges same as being sufficient reasonable and adequate. OWNER acknowledges receipt of the MARINA's Hurricane Preparedness Plan. OWNER / OWNER's authorized agent's initials. The MARINA should not be considered safe harbor during named wind storm conditions. The MARINA recommends you vacate the facility and find a suitable, safe location to secure your vessel or unit during a named windstorm. This should be done at least 72 hours before predicted landfall, otherwise, you must ensure that all reasonable actions are taken to secure your vessel or unit at the MARINA including but not limited to the use of all available cleats, ropes, fenders to properly secure the vessel. Pursuant to Florida Statute Section 327.59 (3) in the event a vessel owner fails to promptly remove a vessel from a marina after a tropical storm or hurricane watch has been issued, the XXXXXX xxx remove the vessel, if reasonable, from its slip or take whatever reasonable actions are deemed necessary to properly secure a vessel to minimize damage to a vessel and to protect marina property, private property, and the environment. XXXXXX MARINA reserves the right to charge the OWNER a reasonable fee for any such services rendered. I further understand that I am responsible and liable for any and all damages to other tenant’s vessel’s and Ocean Blue Marina’s property, including, but not limited to damage to fences, dry storage racks, docks, pilings, bulkhead, utility lines, buildings, structures, and any other real or personal property in which XXXXXX MARINA has an interest. OWNER / OWNER’s authorized agent initials NOTICE TO VESSEL OWNER PURSUANT TO FLORIDA STATUTE SECTION 327.59: The undersigned MARINA representative hereby informs you that in the event you fail to remove your vessel from the marina promptly within 36 hours after the issuance of a tropical storm or hurricane watch for Key Largo, Florida, under Florida law, the undersigned MARINA representative or his or her employees or agents are authorized to remove your vessel, if reasonable, from its slip or take any and all other reasonable actions deemed appropriate by the undersigned or his or her employees or agents in order to better secure your vessel and to protect marina property, private property, and the environment. You are further notified that you may be charged a reasonable fee for any such action.

Waiver of Subrogation Clause. The OWNER CLEARLY EXPRESSES THE INTENT and AGREEMENT that, in consideration of the execution of this license agreement and as a material term of this Agreement, the OWINER shall not under any circumstances whatsoever subrogate or assign any claim or claims of any sort against the MARINA, its agents or employees, to any third parties, including insurers or underwriters. OWNER acknowledges that any such subrogation or assignment shall be null and void. In the event that legal action against the MARINA is initiated based on the subrogated rights of the OWNER the OWNER CLEARLY EXPRESSES THE INTENT and AGREEMENT to indemnify and defend the MARINA and agrees to pay to the MARINA all costs of defending the legal action, including reasonable attorney's fees, should any such legal action be initiated. NO BAILMENT: It is understood and agreed that this Agreement does not constitute a bailment. The OWNER retains and has the exclusive care, custody and control of the vessel or unit and its contents at all times, and the OWNER is solely responsible for the vessel or unit, the safe dockage of the vessel or safe storage of unit, its contents, the proper operating condition of the vessel's or unit’s equipment, for the size and conditions of the dock lines and the maintenance of the vessel or unit. OWNER acknowledges that he is solely responsible for preventing the entry of unauthorized persons onto the OWNER'S vessel or unit and OWNER understands and agrees that the MARINA does not warrant or assure that unauthorized persons will not board the OWNER's vessel or unit and, accordingly, the OWNER is solely responsible for the security of the OWNER's vessel or unit. OWNER has been informed of the firefighting procedures and equipment, first aid and security provisions, procedures and equipment available at the MARINA and OWNER hereby acknowledges same as being sufficient sufficient, reasonable and adequate. NAMED WINDSTORMS: OWNER has been informed of the MARINA's Hurricane Preparedness Plan which is found on our website and OWNER hereby acknowledges same as being sufficient sufficient, reasonable and adequate. OWNER acknowledges receipt of the MARINA's Hurricane Preparedness Plan. The MARINA should not be considered safe harbor during named wind storm windstorm conditions. The MARINA recommends you vacate the facility and find a suitable, safe location to secure your vessel or unit during a named windstorm. This should be done at least 72 hours before predicted landfall, otherwise, you must ensure that all reasonable actions are taken to secure your vessel or unit at the MARINA including but not limited to the use of all available cleats, ropes, fenders to properly secure the vessel. Pursuant to Florida Statute Section 327.59 (3) in the event a vessel owner fails to promptly remove a vessel from a marina after a tropical storm or hurricane watch has been issued, the XXXXXX xxx remove the vessel, if reasonable, from its slip or take whatever reasonable actions are deemed necessary to properly secure a vessel to minimize damage to a vessel and to protect marina property, private property, and the environment. XXXXXX MARINA reserves the right to charge the OWNER a reasonable fee for any such services rendered. I further understand that I am responsible and liable for any and all damages to other tenant’s vessel’s and Ocean Blue Marina’s property, including, but not limited to damage to fences, dry storage racks, docks, pilings, bulkhead, utility lines, buildings, structures, and any other real or personal property in which XXXXXX MARINA has an interest. OWNER / OWNER’s authorized agent initials NOTICE TO VESSEL OWNER PURSUANT TO FLORIDA STATUTE SECTION 327.59: The undersigned MARINA representative hereby informs you that in the event you fail to remove your vessel from the marina promptly within 36 hours after the issuance of a tropical storm or hurricane watch for Key Largo, Florida, under Florida law, the undersigned MARINA representative or his or her employees or agents are authorized to remove your vessel, if reasonable, from its slip or take any and all other reasonable actions deemed appropriate by the undersigned or his or her employees or agents in order to better secure your vessel and to protect marina property, private property, and the environment. You are further notified that you may be charged a reasonable fee for any such action.