Common use of CYCLONE Clause in Contracts

CYCLONE. 5.1. in the event of a cyclone or hurricane warning issued by the Fiji Meteorological Service for the Fiji region, immediately remove the Boat from the Hardstand. If the Customer fails or refuses to remove the Boat from the Hardstand within 24 hours after the issuance of a cyclone or hurricane warning for Fiji, the Company (including its employees or agents) is authorised to remove the Boat from its Hardstand and take any and all reasonable action deemed appropriate by the Company to better secure the Boat and secure the Company’s marina property and private property. You may be charged a reasonable fee for any such action and the Company will advise you of the location that the Boat has been moved to (either on land or in water) chosen at the Company’s discretion. If the Boat is moved, the Company shall take all reasonable care in transporting the Boat to the new location. Nothing in this paragraph constructs a duty or an obligation on the Company to take any action and the Company may only do so, at its sole discretion, if it thinks such action is necessary and appropriate in the circumstances. The Customer agrees that it is his/her/its sole responsibility to properly secure its Boat in response to a cyclone or hurricane warning being declared for the Fiji area. The Customer further acknowledges and agrees that the Company shall not be liable for any claims, damages, costs, expenses, losses and liabilities arising from any damage to or loss of the Boat arising from its removal or transportation from the Hardstand to a location determined by the Company or any resulting loss to the Boat including that caused by the cyclone or hurricane.

CYCLONE. 5.1. in the event of a cyclone or hurricane warning issued by the Fiji Meteorological Service for the Fiji region, immediately remove the Boat from the Hardstand. If the Customer fails or refuses to remove the Boat from the Hardstand within 24 hours after the issuance of a cyclone or hurricane warning for Fiji, the Company (including its employees or agents) is authorised authorized to remove the Boat from its Hardstand and take any and all reasonable action deemed appropriate by the Company to better secure the Boat and secure the Company’s marina property and private property. You may be charged a reasonable fee for any such action and the Company will advise you of the location that the Boat has been moved to (either on land or in water) chosen at the Company’s discretion. If the Boat is moved, the Company shall take all reasonable care in transporting the Boat to the new location. Nothing in this paragraph constructs a duty or an obligation on the Company to take any action and the Company may only do so, at its sole discretion, if it thinks such action is necessary and appropriate in the circumstances. The Customer agrees that it is his/her/its sole responsibility to properly secure its Boat in response to a cyclone or hurricane warning being declared for the Fiji area. The Customer further acknowledges and agrees that the Company shall not be liable for any claims, damages, costs, expenses, losses losses, and liabilities arising from any damage to or loss of the Boat arising from its removal or transportation from the Hardstand to a location determined by the Company or any resulting loss to the Boat including that caused by the cyclone or hurricane.