Pen Holder definition

Pen Holder means the person or persons whose names appear on the Application for a Pen Licence. Pen Holder’s employees, agents and customers means each of the Pen Holder’s employees, officers, agents, contractors, service suppliers, sub- licensees, concessionaires, customers and those other persons who at any time are under the control of the Pen Holder and are on the Jetty or in the Mooring Area or its surrounds with the consent (express or implied) of the Pen Holder but does not includes the City of Mandurah, its servants and agents.
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Examples of Pen Holder in a sentence

  • The Pen Holder must not use the Pen, Jetty or any portion of the Marina for any Commercial Use or operation including hire, embark and disembark of charter passengers, fishing charter boat operations or sale and demonstration for sale without first obtaining the Marina Manager’s approval whereby such approval will have separate terms and conditions that will form part of this Licence.

  • The rights conferred by this Licence are in contract only and do not create in or confer upon the Pen Holder any tenancy of, or any proprietary rights in or to, any part of the sea bed, the Pen, the Jetty or the Mooring Area.

  • The Marina Manager may at any time require the Pen Holder to vacate the Pen either on a temporary or on a permanent basis, and to take up another Pen within the Marina (subject to availability).

  • The Pen Holder must obtain the consent of the Marina Manager before changing the Vessel or any lifting device occupying the Pen.

  • The Pen Holder agrees to indemnify, and keep indemnified, the City of Mandurah against any loss or liability expense or cost which might be incurred by the City of Mandurah in entering upon the Vessel and taking possession of the Vessel, including any liability to any third party for trespass or for damage to the Vessel occasioned through the entry upon the Vessel, the taking possession of the Vessel and its removal from the Pen, storage and sale or other means of disposal.

  • The Marina Manager will not be liable to the Pen Holder to pay any compensation in respect of such a change of Pen.

  • If the Pen Holder fails to claim the Vessel within the period of three months after the Termination Date, the City of Mandurah may sell the Vessel by auction and the proceeds of sale may be applied in payment of all expenses as may be incurred in the disposal or sale of the Vessel, all costs of termination, all costs incurred for removal and storage of the Vessel, all outstanding fees and costs and any other damages or other money Payable to the City of Mandurah pursuant to this Licence.

  • The Pen Holder may not grant the use of the Pen, nor assign, mortgage, charge, sub-licence or otherwise part with any entitlement in relation to the Pen arising under this Licence to any other party.

  • These obligations, including, without limitation, the obligations in Clause 13.3, will continue until the Pen Holder formally terminates the agreement and removes the Vessel from the Pen.

  • The Marina Manager will not be liable in any way whatsoever to the Pen Holder or any person claiming through or under the Pen Holder in respect of anything done by the Marina Manager pursuant to this clause.