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Berthing Agreement - Short Term
In consideration of the Nova Scotia Museum operating the Maritime
Museum of the Atlantic permitting the berthing of the Vessel described
below, the Owner covenants, undertakes, and agrees as follows: |
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| Agreement | |
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1 Name of Vessel: ______________________________________________________________________________________ 2 Port of Registry: ______________________________________________________________________________________ 3 Berth Location: ______________________________________________________________________________________ 4 Length: ______________________________________________________________________________________ 5 Name of Owner: ______________________________________________________________________________________ 6 Address: _______________________________________________________ 7 Arrival Date: ____________________ _______________________________________________________ 8 Departure Date: _________________ _______________________________________________________ 9 Berthing Fee: ___________________ _______________________________________________________ 10 HST: _________________________ _______________________________________________________ 11 Total Due: _____________________
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12 Definitions |
"MMA" means the Nova Scotia Museum operating the Maritime Museum of the Atlantic. "Vessel" means the Vessel named in No. 1 above whether such Vessel is actually owned by the Owner (as named in number 5) above or is leased or rented by the Owner from a third party. "Owner" means the person named in No. 5 above, its servants, agents, successors, or assigns. For the purpose of this Agreement, the term "Owner" shall be deemed to include a person who is a lessee or operator of a Vessel pursuant to a Lease or similar Agreement. If any person other than the named Owner accepts these conditions, that person shall be conclusively deemed to have the authority of the Owner to do so, and in any event such person shall indemnify MMA from any claims made by the Owner against MMA arising out of the berthing of the Vessel. "Day" means 24 hours or any part thereof. "Berth" includes all berths, docks, wharves, anchorages or moorings, and all buildings, walkways, and public areas adjacent thereto, owned or operated by or for the benefit of, or under the management or control of MMA. "Crew" means the crew of the Vessel and any person on board the Vessel or at or about the Berth whether at the invitation, express or implied, of the Owner or otherwise. |
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13 No Representations or Warranties |
MMA makes no representations, undertakings, or warranties whatsoever as to the fitness of the Berth, depth of water, or any other matter which might relate to the safe berthing of the Vessel. All such matters shall be solely for the consideration and decision of the Owner, and acceptance of these Conditions by the Owner shall be conclusively deemed to mean that the Owner has satisfied himself with respect thereto. |
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14 Secure Safely |
The Owner undertakes to berth the Vessel in a safe and secure manner, and to provide and tend all lines or other fastenings. In no event shall MMA have any responsibility for the safety or sufficiency of shore-side fastenings, or for berthing the Vessel or tending lines. MMA has the right at its sole discretion, but has no obligation, to direct the Owner with respect to the manner of berthing. |
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15 Own to Public |
The Owner acknowledges that the Berth is open to the public and that no watchmenís services are provided by MMA. In no event shall MMA have any responsibility for pilferage from or damage to the Vessel attributable to any cause whatsoever, including without limitation, any negligence on the part of MMA. |
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16 Owner Responsible for Damage |
The Owner shall be responsible for all damage arising out of or attributable to the presence of the Vessel at the Berth, to the Berth or to any other berthed vessel or other property, and for any harm whatsoever which may befall any crew member, (see definition), and any other person on board the Vessel or at or about the Berth whether at the invitation, express or implied, of the Owner or otherwise including bodily injury and death and undertakes to indemnify and hold harmless MMA with respect to any claim by any person whomsoever arising therefrom. The Owner shall, during inclement weather or high winds, pull its Vessel away from the wharf using appropriate shock absorbing fenders. |
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17 Garbage for Damage |
The Owner undertakes that no garbage, effluent or other contaminant or pollutant whatsoever shall be discharged or permitted to escape from the Vessel. |
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18 Termination by MMA for Damage |
MMA retains the right to order the removal of the Vessel from the Berth
at any time at its discretion, and the Owner undertakes to comply promptly
with such order. The Owner agrees that if he should fail to obey
such order, MMA has the right to remove the Vessel to any place whatsoever,
and to store or dispose of the Vessel, at the Ownerís expense. MMA
retains the right to terminate this Agreement forthwith in the event the
Owner breaches this Agreement or any terms or conditions hereof.
In the event MMA removes, transports, stores, or in any way disposes of the Vessel, MMA shall not in any way be liable to the Owner or to any third party for damages to the Vessel or for loss of the Vessel whether or not these damages are the result of MMA's negligence or the negligence of a contractor or agent employed by MMA for such purposes. |
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19 Insurance for Damage |
The Owner covenants that he has, as of the date of signing this Berthing Agreement, insurance to cover the compulsory removal and/or disposal of the Vessel, for any reason whatsoever, including an order or any other directive issued pursuant to the Navigable Waters Protection Act, and that there is in force insurance for public liability for persons and property in the amount of not less than $1,000,000.00 (one million dollars) per occurrence. |
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20 Lien for Damage |
The Owner agrees that any sum due by the Owner to MMA pursuant to this Agreement, including any sum which MMA may reasonably require by way of security for the indemnities provided for herein, shall constitute a lien on the Vessel. |
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21 Payments for Damage |
Payment shall be made in advance at the time of Berthing to the Maritime Museum of the Atlantic. |
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22 Indemnify for Damage |
The Owner hereby releases the MMA from any and all actions, damages, loss or injury or death to persons or property which heretofore or hereafter may be sustained arising out of mooring of the Vessel at the said wharf; and the Owner hereby agrees to indemnify and save harmless the MMA from and against all claims, demands, losses, costs, debits, damages, actions, suits, or other proceedings by whomsoever made, arising out of or attributing in any way to the mooring of the Vessel at the said wharf. |
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23 No Parking for Damage |
The Owner acknowledges that no vehicle parking privileges whatsoever are included in this Agreement. |
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24 Miscellaneous for Damage |
In this Agreement, words importing the singular shall include the plural,and vice versa; words importing the gender shall include all genders. The owner acknowledges that he/she has carefully read and accepts, without qualifications, the foregoing conditions.
Owner or Agent:
___________________________________________________________
Date: ____________________
Issued by the Nova Scotia Museum
___________________________________________________________
Date: ____________________
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This page and all contents copyright of the Maritime Museum of the Atlantic. Contact webmaster with questions or comments regarding this page. Last updated 26 March 2003 - AA. privacy statement |
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