Breach by Charterer Clause Samples

Breach by Charterer. (a) In the event Charterer shall be in material breach of any of Charterer’s obligations arising under this Charter other than Charterer’s obligations to pay Hire when due, Owner may give Charterer written notice thereof and Charterer shall, within ***** days (or such other period as the parties may have pre-agreed or may then agree having regard to all the circumstances) of the date upon which Charterer receives such notice, remedy such breach. If Charterer fails to remedy such breach within such period of ***** days (or such other period as the parties may have pre-agreed or may then agree having regard to all the circumstances), Owner may then, but only then: (i) terminate the Term and withdraw the Vessel from service upon ***** days’ written notice from Owner to Charterer of Owner’s intention so to withdraw the Vessel; and (ii) exercise any other rights and claims it may have under this Charter and in law, equity or admiralty, including, without limitation, rights and claims in respect of termination and damages; provided always that Charterer has not fully remedied such breach prior to any such withdrawal or exercise. In the event Charterer should fail to pay Hire when due and Charterer has not fully remedied such failure within the applicable period after notice from Owner of such failure, Owner may without further notice terminate the Term and withdraw the Vessel from service under this Charter without prejudice to the exercise of any other right or claim to which Owner may be entitled against Charterer. In circumstances where Charterer’s failure is to prepay Hire under section 8.11(a) and/or (b), which has not been remedied either by the Charterer or by payment under the Charterer Guarantee within the applicable period after notice of such failure from Owner (in which case, the Charterer’s failure having been so duly remedied, the Owner may not exercise its termination right), Owner may then without further notice terminate its obligation to deliver the Vessel under this Charter. Before Owner does this, it must make demand under the Charterer Guarantee. The applicable period of time within which such non-payment must be remedied from the time of Owner’s notice of payment failure is ***** days unless the Vessel has been Off-Hire at any time during the ***** days expiring on the date Hire was due but not paid, in which case the right to withdraw or terminate shall arise on the earlier of the date ***** days after receipt by Charterer of notice of suc...