Tug Interests definition
Examples of Tug Interests in a sentence
Nothing herein shall be construed to waive or limit the right of Tug Interests to assert any defenses to liability available to them or to avail themselves of any rights of limitation or exemption from liability under any applicable law, rule, or regulation.
Notwithstanding anything to the contrary in this Schedule or elsewhere, OWNERS understand and agree that the rates charged hereunder are also predicated on agreement that the Tug Interests shall have no liability for any consequential, punitive, exemplary or special damages of any kind howsoever arising.
Should OWNERS desire that Tug Interests retain liability in excess of two hundred fifty thousand dollars (U.S. $250,000.00) they must notify ▇▇▇▇▇ in writing, whereupon ▇▇▇▇▇ will quote rates for Tug services hereunder predicated on higher liability limits.
Any such service performed by any such person is beyond the scope of his employment, if any, for ▇▇▇▇▇ and Tug Interests shall not be liable for any act or omission of any such person.
OWNERS understand and agree that Tug services provided hereunder are rendered at all times under the supervision and command of OWNERS’ servants, (including the Master of the Vessel being assisted and docking pilots), or of State pilots, none of whose actions or inactions may be imputed to the Tug Interests.
The furnishing of any service or anything done in connection therewith shall not be construed to be or to give rise to a personal contract, and it is understood that Tug Interests, shall have the benefit of all exemptions from, and limitations of, liability to which an owner of a vessel is entitled under the Limitation of Liability Statutes of the United States.
With respect to Vessels that are not owned by the person or company ordering the Tug service, it is understood and agreed that such person or company warrants that it has authority to bind the Vessel owners to all the provisions of this Schedule, and agrees to indemnify and hold Tug Interests harmless from all damages and expenses that may be sustained or incurred in the event and in consequence of such person or company not having such authority.
OWNERS and any Vessel assisted hereunder assume all risk of, and shall indemnify Tug Interests from and against, any and all loss or damage sustained by OWNERS, by Tug Interests or by any other vessel, property or person that results from the parting, heaving or sudden movement of any hawser or other line, by whomsoever furnished or howsoever caused.
OWNERS understand and agree that ▇▇▇ services provided hereunder are rendered at all times under the supervision and command of OWNERS’ servants, (including the Master of the Vessel being assisted and docking pilots), or of State pilots, none of whose actions or inactions may be imputed to the Tug Interests.
Any action in any forum to recover damages from Tug Interests, or any of them, shall be commenced within one year after the occurrence giving rise to the claim, failing which said claim shall be deemed waived.