Common use of ACCOUNT IN GOOD STANDING Clause in Contracts

ACCOUNT IN GOOD STANDING. This agreement is based upon mutual understanding that the account will remain in good standing, which includes notifying the Port of any change in contact information, including mailing address, e-mail address or phone number. If at any time the account becomes delinquent, this agreement is cancelable and the moorage permit may be revoked. The Port, pursuant to RCW 53.08 and other applicable state law, may take permissible actions to collect delinquent Port charges or to deem vessels abandoned or derelict. 6. HOLD HARMLESS Tenant hereby agrees to protect, indemnify, defend and to hold and save harmless the Port, its elected officials, agents and employees, their successors and assigns, heirs, executors, and administrators from and against all liabilities, obligations, fines, claims, claims for mechanics liens, damages, penalties, causes of action, costs and expenses (including without limitation attorney's fees and expenses), and any and all claims by or on behalf of any person or persons, firm or corporation, in connection with any such items of actual or alleged injury or damage:  arising out of acts or omissions of the Tenant, its servants, agents, invitees, guests and employees on or about Port property, or  arising out of the use of Port property or any part thereof, including but not limited to, floats, docks or piers, ramps and approaches, buildings, sidewalks, curbs, parking lots, streets or ways, or  due to or arising out of any failure on the part of the Tenant to perform or comply with any rule, ordinance, or law to be kept and performed. THE UNDERSIGNED TENANT HEREBY WAIVES ITS IMMUNITY UNDER THE INDUSTRIAL INSURANCE ACT RCW TITLE 51 AND/OR THE LONGSHOREMEN'S AND HARBOR WORKERS' COMPENSATION ACT. THE UNDERSIGNED TENANT HEREBY AGREES TO INDEMNIFY THE PORT FOR THE CONCURRENT NEGLIGENCE OF THE PORT AND THE UNDERSIGNED TENANT. This indemnity agreement does not apply when such damage or injury is caused solely by negligent or intentional acts of the Port, its elected officials, agents or employees. 7.

ACCOUNT IN GOOD STANDING. This agreement is based upon mutual understanding that the account will remain in good standing, which includes notifying the Port of any change in contact information, including mailing billing address, e-mail address or phone number. If at any time the account becomes delinquent, this agreement is cancelable and the liveaboard moorage permit may be revoked. The Port, pursuant to RCW 53.08 and other applicable state law, may take permissible actions to collect delinquent Port charges or to deem vessels abandoned or derelict. 67. HOLD HARMLESS Tenant hereby agrees to protect, indemnify, defend and to hold and save harmless the Port, its elected officials, agents and employees, their successors and assigns, heirs, executors, and administrators from and against all liabilities, obligations, fines, claims, claims for mechanics liens, damages, penalties, causes of action, costs and expenses (including without limitation attorney's fees and expenses), and any and all claims by or on behalf of any person or persons, firm or corporation, in connection with any such items of actual or alleged injury or damage:  arising out of acts or omissions of the Tenant, its servants, agents, invitees, guests and employees on or about Port property, or  arising out of the use of Port property or any part thereof, including but not limited to, floats, docks or piers, ramps and approaches, buildings, sidewalks, curbs, parking lots, streets or ways, or  due to or arising out of any failure on the part of the Tenant to perform or comply with any rule, ordinance, or law to be kept and performed. THE UNDERSIGNED TENANT HEREBY WAIVES ITS IMMUNITY UNDER THE INDUSTRIAL INSURANCE ACT RCW TITLE 51 AND/OR THE LONGSHOREMEN'S AND HARBOR WORKERS' COMPENSATION ACT. THE UNDERSIGNED TENANT HEREBY AGREES TO INDEMNIFY THE PORT FOR THE CONCURRENT NEGLIGENCE OF THE PORT AND THE UNDERSIGNED TENANT. This indemnity agreement does not apply when such damage or injury is caused solely by negligent or intentional acts of the Port, its elected officials, agents or employees. 7Initials 8. SLIP AND VESSEL CONDITION AND MAINTENANCE Marina premises adjacent to the slip designated herein have been inspected by Tenant and are accepted by Tenant in their present condition. Tenant shall keep the slip designated herein and adjacent finger float neat and clean at all times, and shall not dump or discharge waste, petroleum products, garbage or other pollutants into the waters of the Marina. Tenant shall at all times comply with Federal, State, County, City and Port laws, ordinances and regulations, rules and special instructions issued by the Port’s Executive Director or his or her agents. Tenant shall keep the liveaboard vessel in a neat exterior, as determined by the Marina Harbormaster. Examples of unacceptable visual impact are laundry in the rigging or lifelines, blue tarps, decks cluttered with bicycles, planters or other household items. Initials 9. USE OF SLIP This agreement includes the right to moor Tenant's vessel to the adjacent float. Use of this float is in common with others. No debris is allowed on the docks except for hoses and boarding platforms. Planter boxes, bicycles, barbecues, etc. are not allowed. Tenant shall not alter, add to, damage, or otherwise disturb the float structure. No bumper materials shall be fastened to a float structure without the Port's prior approval. Tenant shall not maintain anything that may be dangerous to life, or limb, or permit any objectionable noise or odor on his or her boat, Marina premises, or premises adjacent thereto, or permit anything to be done on said premises which in any way will tend to create a nuisance or to disturb any other vessel owner, guest or Tenant of the Port. Televisions, stereos and other noise generating devices shall be kept at a reasonable volume as determined by the Marina Harbormaster and consistent with use of the Marina by other moorage customers. Initials 10. UTILITIES ELECTRICITY Fee for minimum electric service is the monthly rate designated herein, due and payable as is the moorage fee provided for in paragraph 1 above. If Tenant is provided electrical service in excess of the minimum service, he or she shall pay for the excess service as billed for the same. Should electrical service charges become delinquent, the Port shall have the right to disconnect all power until such time as the Tenants’ account is brought current. Tenant agrees to pay all connecting and disconnecting charges relative to electrical service. The Port does not guarantee the continuity or characteristics of electrical service and its compatibility with the vessel's electric circuit protector, if any, or any effects of electrolytic action. All extension cords must be three wire grounded type of an adequate size, and with the proper sized plug ends, to handle the amperage being used. Improper cords will be impounded by the Port and will be returned only when a proper cord has been fitted. WATER Water service is provided at no additional cost. However, Port staff will turn off the dock water supply during periods of potential freezing weather. Tenant shall be prepared to be without dockside water supply for extended periods during times where freezing may occur. SEWER Dumping waste into the Marina is prohibited and therefore, Tenant must demonstrate that their liveaboard vessel has a fully functioning sewage system, including an operating waste holding tank. NO EXCEPTIONS. The Port reserves the right to request proof that these systems are in proper working order and Tenant shall be responsible for any cost incurred in providing proof acceptable to the Port. All liveaboard boats will be pumped out weekly by the Port’s franchise pump out service. Fee for base pump out service is the monthly rate designated herein, due and payable as is the moorage fee provided for in paragraph 1 above. Additional pump outs will be charged by the franchise operator directly to Tenant. Initials 11. PETS Tenant shall possess a maximum two pets of any type. Pets are subject to the City of Anacortes Municipal Code. This includes, but is not limited to; pet licensing, vaccination and noise ordinances. Tenant is responsible for controlling the behavior of their pet(s), keeping them on a leash (this applies to all types of pets) and cleaning up after them in a timely way and manner. Tenant is responsible for their guests and their pets. Tenant understands that pet wastes are a source of fecal contamination to the waters of the Marina, and agrees to clean up all wastes from their pet(s) and dispose of these wastes properly in the garbage disposal station. Pet complaints or disputes will be referred to the Marina Harbormaster. Repeated failure to comply will result in termination of this authorization and the liveaboard moorage agreement. 12. PARKING Tenant may park two vehicles on Marina property. The Port reserves the right to charge a fee for additional vehicles. The parking lot is not to be used for storage of surplus cars, motorcycles, recreational vehicles, etc. Any vehicle that remains unmoved for 30 days or more without specific approval of the Marina Harbormaster is subject to being removed at the owner’s expense. Initials 13. MAIL Tenant must have their own PO Box at a Post Office for security reasons. However, UPS and FedEX type packages may be received, on occasion, in the Marina Office. Tenant must make arrangements with the Marina Office in advance if expecting a large package or other delivery. The Marina is not responsible for lost or undelivered packages and reserves the right to refuse delivery. Initials 14.

ACCOUNT IN GOOD STANDING. This agreement is based upon mutual understanding that the account will remain in good standing, which includes notifying the Port of any change in contact information, including mailing address, e-mail address or phone number. If at any time the account becomes delinquent, this agreement is cancelable and the moorage permit may be revoked. The Port, pursuant to RCW 53.08 and other applicable state law, may take permissible actions to collect delinquent Port charges or to deem vessels abandoned or derelict. 6. HOLD HARMLESS Tenant hereby agrees to protect, indemnify, defend and to hold and save harmless the Port, its elected officials, agents and employees, their successors and assigns, heirs, executors, and administrators from and against all liabilities, obligations, fines, claims, claims for mechanics liens, damages, penalties, causes of action, costs and expenses (including without limitation attorney's fees and expenses), and any and all claims by or on behalf of any person or persons, firm or corporation, in connection with any such items of actual or alleged injury or damage:  • arising out of acts or omissions of the Tenant, its servants, agents, invitees, guests and employees on or about Port property, or  • arising out of the use of Port property or any part thereof, including but not limited to, floats, docks or piers, ramps and approaches, buildings, sidewalks, curbs, parking lots, streets or ways, or  • due to or arising out of any failure on the part of the Tenant to perform or comply with any rule, ordinance, or law to be kept and performed. THE UNDERSIGNED TENANT HEREBY WAIVES ITS IMMUNITY UNDER THE INDUSTRIAL INSURANCE ACT RCW TITLE 51 AND/OR THE LONGSHOREMEN'S AND HARBOR WORKERS' COMPENSATION ACT. THE UNDERSIGNED TENANT HEREBY AGREES TO INDEMNIFY THE PORT FOR THE CONCURRENT NEGLIGENCE OF THE PORT AND THE UNDERSIGNED TENANT. This indemnity agreement does not apply when such damage or injury is caused solely by negligent or intentional acts of the Port, its elected officials, agents or employees. 7.