Redelivery. 59.1 Upon termination or expiry of this Charter, unless there is a Sale to the Charterers, the Owners shall have the right (but not bound) to require the Charterers to redeliver the Vessel to the Owners within thirty (30) days from the Termination Date or the expiry of the Charter Period: (a) at the Vessel's current or next port of call, or at a port or place convenient to them without hindrance or interference to the Charterers, courts or local authorities; and (b) with her class maintained without any conditions or recommendation; and (c) free of average damage affecting the Vessel's class; and (d) with all the Vessel's classification, trading, national and international certificates that the Vessel had when she was delivered under this Charter and the log book and whatsoever necessary relating to the operation of the Vessel, valid and un-extended without conditions or recommendation falling due for a minimum of three (3) months from the time of redelivery; and (e) in the same or as good structure, state, condition and class as that in which she was deemed delivered under Clauses 3, 33 and 34 fair wear and tear not affecting class excepted; and (f) with all such spare parts and other equipment she had at the time of delivery under this Charter together with all alterations made to the Vessel during the Charter Period without any cost to the Owners; and (g) with all information generated during the Charter Period in respect of the physical condition of the Vessel onboard the Vessel and within the Charterers' possession. 59.2 The Charterers shall give the Owners not less than thirty (30) days' notices of the expected geographical range of redelivery. 59.3 Pending physical repossession of the Vessel in accordance with Clause 59.1, the Charterers shall hold the Vessel as gratuitous bailee only to the Owners. The Owners shall arrange for an authorised representative to board the Vessel as soon as reasonably practicable following the termination of the Charter. The Vessel shall be deemed to be repossessed by the Owners from the Charterers upon the boarding of the Vessel by the Owners' representative. All arrangements and expenses relating to the settling of wages, disembarkation and repatriation of the Charterers' Master, officers and crew shall be the sole responsibility of the Charterers.
Appears in 4 contracts
Sources: Bareboat Charter (DryShips Inc.), Bareboat Charter (DryShips Inc.), Bareboat Charter (DryShips Inc.)
Redelivery. 59.1 Upon termination or Upon:
(a) the occurrence of any Termination Event which is continuing and if the Owners decide to retake possession of the Vessel pursuant to paragraph (d) of Clause 52 (Owners’ options after occurrence of Termination Event); or
(b) the expiry of this Charterthe Agreed Charter Period (and subject to no Total Loss having occurred, unless there is no Purchase Option being exercised and no Purchase Obligation being fulfilled); or
(c) the Owners deliver a Sale Purchase Obligation Notice to the CharterersCharterers under paragraph (b) (Purchase Obligation - outbreak of war) of Clause 56 (Purchase Obligation and transfer of title) but the Charterers fail to pay the relevant Purchase Obligation Price on the Purchase Obligation Date; or
(d) the Owners deliver a Termination Notice to the Charterers under paragraph (k) (Illegality) of Clause 40 (Hire) but the Charterers fail to pay the relevant Termination Sum on the Termination Payment Date, the Owners shall have the right (but not bound) Charterers shall, at their own cost and expense, redeliver or cause to require the Charterers to redeliver be redelivered the Vessel to the Owners within thirty (30) days from the Termination Date or the expiry of the Charter Period: (a) at the Vessel's current or next port of call, or at a safe, ice free port as the Owners may designate where the Vessel would be afloat at all times in a ready safe berth or place convenient anchorage, in accordance with Clauses 45 (Redelivery conditions) and 46 (Survey on redelivery). If the Vessel is to them without hindrance or interference be redelivered pursuant to the Charterers, courts or local authorities; and paragraph (b) with her class maintained without any conditions or recommendation; and (c) free of average damage affecting above, the Vessel's class; and (d) with all the Vessel's classification, trading, national and international certificates that the Vessel had when she was delivered under this Charter and the log book and whatsoever necessary relating to the operation of the Vessel, valid and un-extended without conditions or recommendation falling due for a minimum of three (3) months from the time of redelivery; and (e) in the same or as good structure, state, condition and class as that in which she was deemed delivered under Clauses 3, 33 and 34 fair wear and tear not affecting class excepted; and (f) with all such spare parts and other equipment she had at the time of delivery under this Charter together with all alterations made to the Vessel during the Charter Period without any cost to the Owners; and (g) with all information generated during the Charter Period in respect of the physical condition of the Vessel onboard the Vessel and within the Charterers' possession.
59.2 The Charterers shall give the Owners not less than forty five (45) running days’ preliminary notice of expected date of redelivery and not less than thirty (30) running days' notices ’ definite notice of the expected geographical range date of redelivery and port of redelivery.
59.3 Pending physical repossession of the Vessel in accordance with Clause 59.1, the Charterers shall hold the Vessel as gratuitous bailee only to the Owners. The Owners shall arrange for an authorised representative to board the Vessel as soon as reasonably practicable following the termination of the Charter. The Vessel shall be deemed to be repossessed by the Owners from the Charterers upon the boarding of the Vessel by the Owners' representative. All arrangements and expenses relating to the settling of wages, disembarkation and repatriation of the Charterers' Master, officers and crew shall be the sole responsibility of the Charterers.
Appears in 4 contracts
Sources: Memorandum of Agreement (Himalaya Shipping Ltd.), Memorandum of Agreement (Himalaya Shipping Ltd.), Memorandum of Agreement (Himalaya Shipping Ltd.)
Redelivery. 59.1 Upon termination (a) Subject to the rights of Charterer under Articles 10(a), 10(h) and the rights and obligations of Charterer under Article 16 hereof, on or expiry before the last day of this Charterthe Charter Period (but in no event prior to the expiration of the Term), unless there an Event of Loss has occurred or this Demise Charter has been terminated pursuant to Article 15(b) or use of any Vessel has been requisitioned and such requisition is a Sale to continuing at the Charterers, the Owners shall have the right (but not bound) to require the Charterers to redeliver the Vessel to the Owners within thirty (30) days from the Termination Date or the expiry end of the Charter Period: (a) , Charterer shall effect Redelivery of the Vessels to Shipowner at the Vessel's current or next port of callsafe and suitably equipped berths at Tampa, Florida, or at a such other safe berths and safe port or place convenient to them without hindrance or interference to suitable for the Charterers, courts or local authorities; and (b) with her class maintained without any conditions or recommendation; and (c) free of average damage affecting Vessels on the Vessel's class; and (d) with all the Vessel's classification, trading, national and international certificates that the Vessel had when she was delivered under this Charter and the log book and whatsoever necessary relating to the operation Gulf Coast of the VesselUnited States designated by Shipowner, valid unless otherwise agreed by Shipowner and un-extended without conditions or recommendation falling due for a minimum of three (3) months from the time of redelivery; Charterer, in class and (e) in the same or as good structureorder and condition required by the terms of Article 4, state, condition and class as that in which she was deemed delivered under Clauses 3, 33 and 34 fair except for ordinary wear and tear not affecting class excepted; class, with no required surveys or inspections which are due or overdue and with no outstanding recommendations or requirements on the Vessels (fnor subject to any damage or other condition which, if known to the Classification Society or USCG, would result in such a recommendation or requirement). Charterer shall give written notice to Shipowner of the expected time and port of Redelivery at least sixty (60) with all such spare parts days prior to Redelivery. At the request of Shipowner a surveyor shall be appointed for the purpose of determining and other equipment she had confirming in writing the condition of the Vessels at the time of delivery under this Charter together Redelivery. Charterer shall bear all survey expenses and other costs, if any, including the cost of docking and undocking, if required, as well as all repair costs incurred, in connection with all alterations made such Redelivery. Owner Participant may require that Charterer lay up any Vessel at the time of Redelivery for a period of up to two hundred seventy (270) days, the expense of such lay-up to be for Charterer’s account for the first ninety (90) days, and thereafter for the account of Owner Participant, at prevailing local commercial rates, provided that such lay-up may be at a Gulf Coast port designated by Charterer, subject to the other requirements of this Article 13(a).
(b) Any property of Charterer remaining aboard any Vessel during the Charter Period upon Redelivery and not removed by Charterer may be retained by Shipowner as its own property without any cost prejudice to Charterer’s obligation under Article 6 to restore such Vessel to the Owners; and (g) with all information generated during the Charter Period condition it would have been in respect of the physical condition of the Vessel onboard the Vessel and within the Charterers' possessionhad it not been so installed by Charterer.
59.2 The Charterers shall give the Owners not less than thirty (30) days' notices of the expected geographical range of redelivery.
59.3 Pending physical repossession of the Vessel in accordance with Clause 59.1, the Charterers shall hold the Vessel as gratuitous bailee only to the Owners. The Owners shall arrange for an authorised representative to board the Vessel as soon as reasonably practicable following the termination of the Charter. The Vessel shall be deemed to be repossessed by the Owners from the Charterers upon the boarding of the Vessel by the Owners' representative. All arrangements and expenses relating to the settling of wages, disembarkation and repatriation of the Charterers' Master, officers and crew shall be the sole responsibility of the Charterers.
Appears in 2 contracts
Sources: Demise Charter (Teco Energy Inc), Demise Charter (Tampa Electric Co)
Redelivery. 59.1 Upon termination (a) Subject to the rights of Charterer under Articles 10(a), 10(h) and the rights and obligations of Charterer under Article 16 hereof, on or expiry before the last day of this Charterthe Charter Period (but in no event prior to the expiration of the Term), unless there is a Sale an Event of Loss has occurred or this Demise Charter has been terminated pursuant to the Charterers, the Owners shall have the right (but not boundArticle 15(b) to require the Charterers to redeliver the Vessel to the Owners within thirty (30) days from the Termination Date or the expiry use of any Vessel has been requisitioned and such requisition is continuing at the end of the Charter Period: , Charterer shall effect Redelivery of the Vessels to Shipowner at safe and suitably equipped berths at Metropolis, Illinois or such other safe berths and safe port suitable for the Vessels on the Lower Mississippi River designated by Shipowner, unless otherwise agreed by Shipowner and Charterer, in the order and condition required by the terms of Article 4, except for ordinary wear and tear, with no required surveys or inspections which are due or overdue and with no outstanding recommendations or requirements on the Vessels (anor subject to any damage or other condition which, if known to the USCG, would result in such a recommendation or requirement). Charterer shall give written notice to Shipowner of the expected time and port of Redelivery at least sixty (60) days prior to Redelivery. At the request of Shipowner a mutually agreed upon surveyor shall be appointed for the purpose of determining and confirming in writing the condition of the Vessels at the Vessel's current or next port time of call, or at a port or place convenient to them without hindrance or interference to Redelivery. In the Charterers, courts or local authorities; and (b) with her class maintained without any conditions or recommendation; and (c) free of average damage affecting the Vessel's class; and (d) with all the Vessel's classification, trading, national and international certificates event that the Vessel had when she was delivered under this Charter Charterer and the log book and whatsoever necessary relating Shipowner are unable to agree on a surveyor, the operation of the Vessel, valid and un-extended without conditions or recommendation falling due for Charterer shall recommend a minimum list of three (3) months internationally recognized surveyors and the Shipowner shall choose one (1) surveyor from such list, who shall then act as the time of redelivery; and (e) surveyor in the same or as good structure, state, condition and class as that in which she was deemed delivered under Clauses 3, 33 and 34 fair wear and tear not affecting class excepted; and (f) connection with Redelivery. Charterer shall bear all such spare parts survey expenses and other equipment she had costs, if any, including the cost of docking and undocking, if required, as well as all repair costs incurred, in connection with such Redelivery. Shipowner may require that Charterer lay up any Vessel at the time of delivery under this Charter together with all alterations made Redelivery for a period of up to two hundred seventy (270) days, the expense of such lay-up to be for Charterer’s account for the first ninety (90) days, and thereafter for the account of Owner Participant, at prevailing local commercial rates, provided that such lay-up may be at a Lower Mississippi River port designated by Charterer, subject to the other requirements of this Article 13(a).
(b) Any property of Charterer remaining aboard any Vessel during the Charter Period upon Redelivery and not removed by Charterer may be retained by Shipowner as its own property without any cost prejudice to Charterer’s obligation under Article 6 to restore such Vessel to the Owners; and (g) with all information generated during the Charter Period condition it would have been in respect of the physical condition of the Vessel onboard the Vessel and within the Charterers' possessionhad it not been so installed by Charterer.
59.2 The Charterers shall give the Owners not less than thirty (30) days' notices of the expected geographical range of redelivery.
59.3 Pending physical repossession of the Vessel in accordance with Clause 59.1, the Charterers shall hold the Vessel as gratuitous bailee only to the Owners. The Owners shall arrange for an authorised representative to board the Vessel as soon as reasonably practicable following the termination of the Charter. The Vessel shall be deemed to be repossessed by the Owners from the Charterers upon the boarding of the Vessel by the Owners' representative. All arrangements and expenses relating to the settling of wages, disembarkation and repatriation of the Charterers' Master, officers and crew shall be the sole responsibility of the Charterers.
Appears in 2 contracts
Sources: Demise Charter (Teco Energy Inc), Demise Charter (Tampa Electric Co)
Redelivery. 59.1 The first sentence of Section 13(a) shall be deleted in its entirety, and the following shall be substituted in lieu thereof:
(a) Subject to Charterer's exercise of the Purchase Option set forth in Section 15 of the Charter (as amended by this Amendment), Owner shall cause the Vessel (other than the Electrical Equipment, the Fire Pump and the Transition Equipment) to be removed from the Dockage Site no later than ten (10) business days after the Charter Expiration Date.
(b) shall be amended to read as follows: Upon termination or expiry redelivery of the Vessel, the Owner may require that the Vessel be surveyed by a qualified independent marine surveyor mutually acceptable to the Owner and the Charterer. Charterer shall reimburse Owner for one-half of the reasonable costs of the marine survey obtained pursuant to this Section 13(b) up to a maximum reimbursement of Five Thousand ($5,000.00) Dollars. In addition to Charterer's obligations pursuant to Sections 9 and 11 of the Charter, unless there is a Sale to the Chartererswhich shall remain intact, the Owners Charterer shall have the right (but not bound) to require the Charterers be obligated to redeliver the Vessel in the same condition that Charterer last used the Vessel in its normal business operations.
(c) On February 1, 2000 (assuming the Charter has not been terminated prior thereto), Charterer shall establish an escrow account, and shall escrow up to $500,000.00 of the Owners within thirty Charter Hire due from February 1, 2000 until the end of the Charter Period (30) days from the Termination Date or "Removal Escrow"), to fund Owner's share of the expiry cost of the removal of the Vessel at the termination of the Charter Period: (a) at the Vessel's current or next port of call, or at a port or place convenient to them without hindrance or interference to the Charterers, courts or local authorities; and (b) with her class maintained without any conditions or recommendation; and (c) free of average damage affecting the Vessel's class; and (d) with all the Vessel's classification, trading, national and international certificates that the Vessel had when she was delivered under this Charter and the log book and whatsoever necessary relating to the operation . The Charterer shall fund its equal share of the Vessel, valid and un-extended without conditions or recommendation falling due for a minimum of three (3) months from Removal Escrow concurrently with Owner. If the time of redelivery; and (e) amounts held in the same or as good structure, state, condition and class as that in which she was deemed delivered under Clauses 3, 33 and 34 fair wear and tear not affecting class excepted; and (f) with all such spare parts and other equipment she had at Removal Escrow are greater than the time of delivery under this Charter together with all alterations made to the Vessel during the Charter Period without any cost to the Owners; and (g) with all information generated during the Charter Period in respect of the physical condition removal of the Vessel onboard under Section 13(a), then any excess shall be paid to Owner and Charterer equally upon the Vessel and within the Charterers' possession.
59.2 The Charterers shall give the Owners not less than thirty (30) days' notices of the expected geographical range of redelivery.
59.3 Pending physical repossession removal of the Vessel in accordance with Clause 59.1, the Charterers shall hold the Vessel as gratuitous bailee only to the Owners. The Owners shall arrange for an authorised representative to board the Vessel as soon as reasonably practicable following the Section 13(a).
(d) Upon termination of the Charter. The Vessel , for any reason (i) Charterer shall leave in place all wiring, connections, switches, splitters, couplings and junctions necessary to operate slot and player tracking Systems; and (ii) Charterer shall be deemed entitled to be repossessed by the Owners remove from the Charterers upon the boarding of the Vessel all furniture, slot, tracking and other equipment and all other property owned by the Owners' representative. All arrangements and expenses relating to the settling of wages, disembarkation and repatriation of the Charterers' Master, officers and crew shall be the sole responsibility of the Charterers.Charterer;
Appears in 2 contracts
Sources: Charter Amendment (American Gaming & Entertainment LTD /De), Charter Amendment (American Gaming & Entertainment LTD /De)
Redelivery. 59.1 The first sentence of Section 13(a) shall be deleted in its entirety, and the following shall be substituted in lieu thereof:
(a) Subject to Charterer's exercise of the Purchase Option set forth in Section 15 of the Charter (as amended by this Amendment), Owner shall cause the Vessel (other than the Electrical Equipment, the Fire Pump and the Transition Equipment) to be removed from the Dockage Site no later than ten (10) business days after the Charter Expiration Date.
(b) shall be amended to read as follows: Upon termination or expiry redelivery of the Vessel, the Owner may require that the Vessel be surveyed by a qualified independent marine surveyor mutually acceptable to the Owner and the Charterer. Charterer shall reimburse Owner for one-half of the reasonable costs of the marine survey obtained pursuant to this Section 13(b) up to a maximum reimbursement of Five Thousand ($5,000.00) Dollars. In addition to Charterer's obligations pursuant to Sections 9 and 11 of the Charter, unless there is a Sale to the Chartererswhich shall remain intact, the Owners Charterer shall have the right (but not bound) to require the Charterers be obligated to redeliver the Vessel in the same condition that Charterer last used the Vessel in its normal business operations.
(c) On February 1, 2000 (assuming the Charter has not been terminated prior thereto), Charterer shall establish an escrow account, and shall escrow up to $500,000.00 of the Owners within thirty Charter Hire due from February 1, 2000 until the end of the Charter Period (30) days from the Termination Date or "Removal Escrow"), to fund Owner's share of the expiry cost of the removal of the Vessel at the termination of the Charter Period: (a) at the Vessel's current or next port of call, or at a port or place convenient to them without hindrance or interference to the Charterers, courts or local authorities; and (b) with her class maintained without any conditions or recommendation; and (c) free of average damage affecting the Vessel's class; and (d) with all the Vessel's classification, trading, national and international certificates that the Vessel had when she was delivered under this Charter and the log book and whatsoever necessary relating to the operation . The Charterer shall fund its equal share of the Vessel, valid and un-extended without conditions or recommendation falling due for a minimum of three (3) months from Removal Escrow concurrently with Owner. If the time of redelivery; and (e) amounts held in the same or as good structure, state, condition and class as that in which she was deemed delivered under Clauses 3, 33 and 34 fair wear and tear not affecting class excepted; and (f) with all such spare parts and other equipment she had at Removal Escrow are greater than the time of delivery under this Charter together with all alterations made to the Vessel during the Charter Period without any cost to the Owners; and (g) with all information generated during the Charter Period in respect of the physical condition removal of the Vessel onboard under Section 13(a), then any excess shall be paid to Owner and Charterer equally upon the Vessel and within the Charterers' possession.
59.2 The Charterers shall give the Owners not less than thirty (30) days' notices of the expected geographical range of redelivery.
59.3 Pending physical repossession removal of the Vessel in accordance with Clause 59.1, the Charterers shall hold the Vessel as gratuitous bailee only to the Owners. The Owners shall arrange for an authorised representative to board the Vessel as soon as reasonably practicable following the Section 13(a).
(d) Upon termination of the Charter. The Vessel , for any reason (i) Charterer shall leave in place all wiring, connections, switches, splitters, couplings and junctions necessary to operate slot and player tracking systems; and (ii) Charterer shall be deemed entitled to be repossessed by the Owners remove from the Charterers upon the boarding of the Vessel all furniture, slot, tracking and other equipment and all other property owned by the Owners' representative. All arrangements and expenses relating to the settling of wages, disembarkation and repatriation of the Charterers' Master, officers and crew shall be the sole responsibility of the Charterers.Charterer;
Appears in 1 contract
Redelivery. 59.1 Upon termination (a) Lessee shall provide written notice to Lessor not less than one hundred eighty (180) days and not more than two hundred forty (240) days prior to the expiration of the term of any Schedule (or expiry of any renewal thereof, if applicable) of Lessee’s intent to return the Equipment described on such Schedule to Lessor upon the expiration of the term of such Schedule. IF LESSEE FAILS TO PROVIDE THE FOREGOING NOTICE IN A TIMELY MANNER, THE TERM OF THE APPLICABLE SCHEDULE AUTOMATICALLY SHALL BE DEEMED TO HAVE BEEN EXTENDED, WHICH EXTENSION SHALL CONTINUE UNTIL ONE HUNDRED EIGHTY (180) DAYS AFTER THE DATE ON WHICH LESSEE PROVIDES THE REQUIRED NOTICE, DURING WHICH EXTENSION PERIOD LESSEE SHALL CONTINUE TO PAY TO LESSOR PER DIEM RENT AT THE LAST PREVAILING LEASE RATE UNDER THE APPLICABLE SCHEDULE; provided, however that Lessor may elect to terminate such extension at any time upon ten (10) days written notice to Lessee. During such extension period, the terms and conditions of this CharterLease (including, without limitation, the provisions of this Section 13) shall continue to be applicable. Solely for purposes of the definition of Stipulated Loss Value in Section 12(d) hereof, any such extension shall be deemed a renewal of the term of such Schedule.
(b) Upon the expiration or earlier cancellation or termination of any Schedule, Lessee shall return the Equipment described on such Schedule to Lessor free and clear of all Liens whatsoever, to any of Lessee’s distribution center locations within the continental United States. Lessee shall provide, at its expense, transit insurance for the redelivery period in an amount equal to the replacement value of such Equipment and Lessor shall be named as the loss payee on all such policies of insurance. Lessee shall cause:
(1) the Supplier’s representative or other qualified person acceptable to Lessor (the “Designated Person”) to de-install such Equipment in accordance with the Supplier’s specifications (as applicable) and pack such Equipment properly and in accordance with the Supplier’s recommendations (as applicable); and (2) such Equipment to be transported in a manner consistent with the Supplier’s recommendations and practices (as applicable). Upon return, such Equipment shall be: (i) in the same condition as when delivered to Lessee under the related Schedule, ordinary wear and tear excepted; (ii) mechanically and structurally sound, capable of performing the functions for which such Equipment was originally designed, in accordance with the Supplier’s published and recommended specifications (as applicable); (iii) redelivered with all component parts in good operating condition (and all components must meet or exceed the Supplier’s minimum recommended specifications, unless there otherwise agreed by Lessor in writing); (iv) redelivered with all software and documentation necessary for the operation of such Equipment for the performance of the functions for which such Equipment was originally designed (whether or not such software is embedded in or otherwise is a Sale part of such Equipment); and (v) cleaned and cosmetically acceptable, with all Lessee-installed markings removed and all rust, corrosion or other contamination having been removed or properly treated, and in such condition so that it may be immediately installed and placed in service by a third party. Upon delivery, such Equipment shall be in compliance with all applicable Federal, state and local laws, and health and safety guidelines. Lessee shall be responsible for the cost of all repairs, alterations, inspections, appraisals, storage charges, insurance costs, demonstration costs and other related costs necessary to cause such Equipment to be in full compliance with the terms of this Lease.
(c) If requested by Lessor, ▇▇▇▇▇▇ shall also deliver all related records and other data to Lessor, including all records of maintenance, modifications, additions and major repairs, computerized maintenance history, and any maintenance and repair manuals (collectively, the “Records”). All manuals or other documents delivered to Lessor that are subject to periodic revision will be fully up-to-date and current to the Chartererslatest revision standard of any particular manual or document. In the event any such Records are missing or incomplete, the Owners Lessor shall have the right (but not bound) to require cause the Charterers same to redeliver the Vessel to the Owners within thirty (30) days from the Termination Date or the expiry of the Charter Period: (a) be reconstructed at the Vessel's current or next port of call, or at a port or place convenient to them without hindrance or interference to the Charterers, courts or local authorities; and (b) with her class maintained without any conditions or recommendation; and (c) free of average damage affecting the Vessel's class; and ▇▇▇▇▇▇’s expense. (d) with all the Vessel's classificationIn addition to Lessor’s other rights and remedies hereunder, trading, national and international certificates that the Vessel had when she was delivered under this Charter if such Equipment and the log book related Records are not returned in a timely fashion, or if repairs are necessary to place any item of Equipment in the condition required in this Section, Lessee shall (i) continue to pay to Lessor per diem rent at the last prevailing lease rate under the applicable Schedule with respect to such item of Equipment, for the period of delay in redelivery, and/or for the period of time reasonably necessary to accomplish such repairs, and whatsoever necessary relating (ii) pay to Lessor an amount equal to the operation aggregate cost of any such repairs. Lessor’s acceptance of such rent on account of such delay and/or repair does not constitute an extension or renewal of the Vessel, valid and un-extended without conditions or recommendation falling due for a minimum of three (3) months from the time of redelivery; and (e) in the same or as good structure, state, condition and class as that in which she was deemed delivered under Clauses 3, 33 and 34 fair wear and tear not affecting class excepted; and (f) with all such spare parts and other equipment she had at the time of delivery under this Charter together with all alterations made to the Vessel during the Charter Period without any cost to the Owners; and (g) with all information generated during the Charter Period in respect term of the physical condition related Schedule or a waiver of Lessor’s right to prompt return of such Equipment in proper condition. Such amount shall be payable upon the Vessel onboard earlier of Lessor’s demand or the Vessel and within the Charterers' possession.
59.2 The Charterers shall give the Owners not less than thirty (30) days' notices return of the expected geographical range of redelivery.
59.3 Pending physical repossession of the Vessel such Equipment in accordance with Clause 59.1, the Charterers shall hold the Vessel as gratuitous bailee only to the Owners. The Owners shall arrange for an authorised representative to board the Vessel as soon as reasonably practicable following the termination of the Charter. The Vessel shall be deemed to be repossessed by the Owners from the Charterers upon the boarding of the Vessel by the Owners' representative. All arrangements and expenses relating to the settling of wages, disembarkation and repatriation of the Charterers' Master, officers and crew shall be the sole responsibility of the Charterersthis Lease.
Appears in 1 contract
Sources: Lease Agreement
Redelivery. 59.1 Upon termination (a) Lessee shall provide written notice to Lessor not less than one hundred eighty (180) days and not more than three hundred sixty-five (365) days prior to the expiration of the term of any Schedule (or expiry of any renewal thereof, if applicable) of Lessee’s intent to return the Equipment described on such Schedule to Lessor upon the expiration of the term of such Schedule. IF LESSEE FAILS TO PROVIDE THE FOREGOING NOTICE IN A TIMELY MANNER, THE TERM OF THE APPLICABLE SCHEDULE AUTOMATICALLY SHALL BE DEEMED TO HAVE BEEN EXTENDED, WHICH EXTENSION SHALL CONTINUE UNTIL ONE HUNDRED EIGHTY (180) DAYS AFTER THE DATE ON WHICH LESSEE PROVIDES THE REQUIRED NOTICE, DURING WHICH EXTENSION PERIOD LESSEE SHALL CONTINUE TO PAY TO LESSOR PER DIEM RENT AT THE LAST PREVAILING LEASE RATE UNDER THE APPLICABLE SCHEDULE; provided, however that Lessor may elect to terminate such extension at any time upon ten (10) days written notice to Lessee. During such extension period, the terms and conditions of this CharterLease (including, without limitation, the provisions of this Section 13) shall continue to be applicable. Solely for purposes of the definition of Stipulated Loss Value in Section 12(d) hereof, any such extension shall be deemed a renewal of the term of such Schedule.
(b) Upon the expiration or earlier cancellation or termination of any Schedule, Lessee shall return the Equipment described on such Schedule to Lessor free and clear of all Liens whatsoever, to such place(s) within North America as Lessor shall specify. Lessee shall provide, at its expense, transit insurance for the redelivery period in an amount equal to the replacement value of such Equipment and Lessor shall be named as the loss payee on all such policies of insurance. Lessee shall cause:
(1) the Supplier’s representative or other qualified person reasonably acceptable to Lessor (the “Designated Person”) to de-install such Equipment in accordance with the Supplier’s specifications (as applicable) and pack such Equipment properly and in accordance with the Supplier’s recommendations (as applicable); and (2) such Equipment to be transported in a manner consistent with the Supplier’s recommendations and practices (as applicable). Upon return, such Equipment shall be: (i) in the same condition as when delivered to Lessee under the related Schedule, ordinary wear and tear excepted; (ii) mechanically and structurally sound, capable of performing the functions for which such Equipment was originally designed, in accordance with the Supplier’s published and recommended specifications (as applicable); (iii) redelivered with all component parts in good operating condition (and all components must meet or exceed the Supplier’s minimum recommended specifications, unless there is a Sale otherwise agreed by Lessor in writing); (iv) redelivered with all software and documentation necessary for the operation of such Equipment
(c) If requested by Lessor, Lessee shall also deliver all related records and other data to Lessor, including all records of major maintenance, modifications, additions and major repairs, computerized maintenance history, and any maintenance and repair manuals (collectively, the “Records”). All manuals or other documents delivered to Lessor that are subject to periodic revision will be fully up-to-date and current to the Chartererslatest revision standard of any particular manual or document. In the event any such Records are missing or incomplete, the Owners Lessor shall have the right (but not bound) to require cause the Charterers same to redeliver the Vessel to the Owners within thirty (30) days from the Termination Date or the expiry of the Charter Period: (a) be reconstructed at the Vessel's current or next port of call, or at a port or place convenient to them without hindrance or interference to the Charterers, courts or local authorities; and (b) with her class maintained without any conditions or recommendation; and (c) free of average damage affecting the Vessel's class; and Lessee’s expense. (d) In addition to Lessor’s other rights and remedies hereunder, if such Equipment is not returned in a timely fashion, or if repairs are necessary to place any item of Equipment in the condition required in this Section, Lessee shall (i) continue to pay to Lessor per diem rent at the last prevailing lease rate under the applicable Schedule with all respect to such item of Equipment, for the Vessel's classificationperiod of delay in redelivery, tradingand/or for the period of time reasonably necessary to accomplish such repairs, national and international certificates that the Vessel had when she was delivered under this Charter and the log book and whatsoever necessary relating (ii) pay to Lessor an amount equal to the operation aggregate cost of any such repairs. Lessor’s acceptance of such rent on account of such delay and/or repair does not constitute an extension or renewal of the Vessel, valid and un-extended without conditions or recommendation falling due for a minimum of three (3) months from the time of redelivery; and (e) in the same or as good structure, state, condition and class as that in which she was deemed delivered under Clauses 3, 33 and 34 fair wear and tear not affecting class excepted; and (f) with all such spare parts and other equipment she had at the time of delivery under this Charter together with all alterations made to the Vessel during the Charter Period without any cost to the Owners; and (g) with all information generated during the Charter Period in respect term of the physical condition related Schedule or a waiver of Lessor’s right to prompt return of such Equipment in proper condition. Such amount shall be payable upon the Vessel onboard earlier of Lessor’s demand or the Vessel and within the Charterers' possession.
59.2 The Charterers shall give the Owners not less than thirty (30) days' notices return of the expected geographical range of redelivery.
59.3 Pending physical repossession of the Vessel such Equipment in accordance with Clause 59.1, the Charterers shall hold the Vessel as gratuitous bailee only to the Owners. The Owners shall arrange for an authorised representative to board the Vessel as soon as reasonably practicable following the termination of the Charter. The Vessel shall be deemed to be repossessed by the Owners from the Charterers upon the boarding of the Vessel by the Owners' representative. All arrangements and expenses relating to the settling of wages, disembarkation and repatriation of the Charterers' Master, officers and crew shall be the sole responsibility of the Charterersthis Lease.
Appears in 1 contract
Sources: Master Lease Agreement (Powersecure International, Inc.)
Redelivery. 59.1 Upon termination Not less than 180 days prior to the end of the Charter Period, the Charterer shall, except as provided in Sections 2(f), 11(a) and 12, deliver to the Owner Trustee notice in writing of a major shipping port on the East Coast, West Coast or expiry Gulf Coast of this Charterthe United States at which the Vessel will be available for redelivery at the end of the Charter Period, provided that, unless there is a Sale otherwise agreed, such port of redelivery shall have drydocking facilities. Within 30 days of such notice, the Owner Trustee shall be entitled to object on reasonable grounds to the Charterersport, but not the coast, of such redelivery, in which event the Charterer shall promptly designate a new port of redelivery (subject to the same rights of the Owner Trustee to object thereto) or provide an agreement to indemnify the Owner Participant on an After-Tax Basis for any adverse tax consequences resulting from redelivery to the port to which the Owner Trustee objected, which agreement shall be reasonably satisfactory to the Owner Participant. At the expiration of the Charter Period, except as provided in Sections 2(b), 2(f), 11 (a) and 12, the Owners shall have the right (but not bound) to require the Charterers to Charterer shall, at its own expense, redeliver the Vessel to the Owners within thirty (30) days from Owner Trustee at the Termination Date or port in the expiry United States determined according to the preceding sentences and the Charterer’s obligation to pay Basic Hire hereunder shall cease. The Charterer shall, at its own expense, at the Owner Trustee’s request redocument the Vessel under the laws of the Charter Period: (a) at the Vessel's current or next port of call, or at a port or place convenient to them without hindrance or interference to the Charterers, courts or local authorities; and (b) with her class maintained without any conditions or recommendation; and (c) free of average damage affecting the Vessel's class; and (d) with all the Vessel's classification, trading, national and international certificates that United States if the Vessel had when she was delivered is then documented under this Charter and the log book and whatsoever necessary relating to laws of any other Applicable Country. At the operation Owner Trustee’s request given no later than 30 days following the date of the Vessel, valid and un-extended without conditions or recommendation falling due for a minimum of three (3) months from the time of redelivery; and (e) in the same or as good structure, state, condition and class as that in which she was deemed delivered under Clauses 3, 33 and 34 fair wear and tear not affecting class excepted; and (f) with all such spare parts and other equipment she had at the time of delivery under this Charter together with all alterations made to the Vessel during the Charter Period without any cost to the Owners; and (g) with all information generated during the Charter Period in respect of the physical condition of the Vessel onboard the Vessel and within the Charterers' possession.
59.2 The Charterers shall give the Owners not less than thirty (30) days' notices of the expected geographical range of redelivery.
59.3 Pending physical repossession of the Vessel in accordance with Clause 59.1, the Charterers shall hold the Vessel as gratuitous bailee only to the Owners. The Owners shall arrange for an authorised representative to board the Vessel as soon as reasonably practicable following the termination of the Charter. The Vessel shall be deemed to be repossessed by the Owners from the Charterers upon the boarding of the Vessel by the Owners' representative. All arrangements Charterer to the Owner Trustee pursuant to this paragraph, the Charterer shall provide such assistance as is then reasonably available to SEA-LAND ENTERPRISE the Charterer in arranging redelivery of the Vessel (following the delivery of the Vessel pursuant to this paragraph) at such other port as the Owner Trustee may designate; provided, however, that the Charterer shall not be required to provide any such assistance at any time after 30 days following the Owner Trustee’s request and expenses that the Owner Trustee (and not the Charterer) shall be responsible for arranging and providing docking or storage facilities following such redelivery, except that the Charterer agrees to provide the Owner Trustee with the names of docking and storage facilities at such port of redelivery; and provided, further, that all out-of-pocket costs relating to such redelivery, including, without limitation, the settling costs of wagesany such storage or docking facilities and any expenses incurred by the Charterer in providing such assistance, disembarkation and repatriation shall be for the account of the Charterers' MasterOwner Trustee. The Charterer shall leave on board the Vessel, officers and crew at the time of redelivery, all classification certificates, as well as all plans, etc. which are on board the Vessel. The Charterer may keep the log books, but the Charterer shall be the sole responsibility furnish copies of the Chartererssame to the Owner Trustee if requested by the Owner Trustee.
Appears in 1 contract
Sources: Bareboat Charter Party (Horizon Lines Ventures, LLC)
Redelivery. 59.1 Upon termination Not less than 180 days prior to the end of the Charter Period, the Charterer shall, except as provided in Sections 2(f), 11(a) and 12, deliver to the Owner Trustee notice in writing of a major shipping port on the East Coast, West Coast or expiry Gulf Coast of this Charterthe United States at which the Vessel will be available for redelivery at the end of the Charter Period, provided that, unless there is a Sale otherwise agreed, such port of redelivery shall have drydocking facilities. Within 30 days of such notice, the Owner Trustee shall be entitled to object on reasonable grounds to the Charterersport, but not the coast, of such redelivery, in which event the Charterer shall promptly designate a new port of redelivery (subject to the same rights of the Owner Trustee to object thereto) or provide an agreement to indemnify the Owner Participant on an After-Tax Basis for any adverse tax consequences resulting from redelivery to the port to which the Owner Trustee objected, which agreement shall be reasonably satisfactory to the Owner Participant. At the expiration of the Charter Period, except as provided in Sections 2(b), 2(f), 11(a) and 12, the Owners shall have the right (but not bound) to require the Charterers to Charterer shall, at its own expense, redeliver the Vessel to the Owners within thirty (30) days from Owner Trustee at the Termination Date or port in the expiry United States determined according to the preceding sentences and the Charterer’s obligation to pay Basic Hire hereunder shall cease. The Charterer shall, at its own expense, at the Owner Trustee’s request redocument the Vessel under the laws of the Charter Period: (a) at the Vessel's current or next port of call, or at a port or place convenient to them without hindrance or interference to the Charterers, courts or local authorities; and (b) with her class maintained without any conditions or recommendation; and (c) free of average damage affecting the Vessel's class; and (d) with all the Vessel's classification, trading, national and international certificates that United States if the Vessel had when she was delivered is then documented under this Charter and the log book and whatsoever necessary relating to laws of any other Applicable Country. At the operation Owner Trustee’s request given no later than 30 days following the date of the Vessel, valid and un-extended without conditions or recommendation falling due for a minimum of three (3) months from the time of redelivery; and (e) in the same or as good structure, state, condition and class as that in which she was deemed delivered under Clauses 3, 33 and 34 fair wear and tear not affecting class excepted; and (f) with all such spare parts and other equipment she had at the time of delivery under this Charter together with all alterations made to the Vessel during the Charter Period without any cost to the Owners; and (g) with all information generated during the Charter Period in respect of the physical condition of the Vessel onboard the Vessel and within the Charterers' possession.
59.2 The Charterers shall give the Owners not less than thirty (30) days' notices of the expected geographical range of redelivery.
59.3 Pending physical repossession of the Vessel in accordance with Clause 59.1, the Charterers shall hold the Vessel as gratuitous bailee only to the Owners. The Owners shall arrange for an authorised representative to board the Vessel as soon as reasonably practicable following the termination of the Charter. The Vessel shall be deemed to be repossessed by the Owners from the Charterers upon the boarding of the Vessel by the Owners' representative. All arrangements Charterer to the Owner Trustee pursuant to this paragraph, the Charterer shall provide such assistance as is then reasonably available to SEA-LAND PACIFIC the Charterer in arranging redelivery of the Vessel (following the delivery of the Vessel pursuant to this paragraph) at such other port as the Owner Trustee may designate; provided, however, that the Charterer shall not be required to provide any such assistance at any time after 30 days following the Owner Trustee’s request and expenses that the Owner Trustee (and not the Charterer) shall be responsible for arranging and providing docking or storage facilities following such redelivery, except that the Charterer agrees to provide the Owner Trustee with the names of docking and storage facilities at such port of redelivery; and provided, further, that all out-of-pocket costs relating to such redelivery, including, without limitation, the settling costs of wagesany such storage or docking facilities and any expenses incurred by the Charterer in providing such assistance, disembarkation and repatriation shall be for the account of the Charterers' MasterOwner Trustee. The Charterer shall leave on board the Vessel, officers and crew at the time of redelivery, all classification certificates, as well as all plans, etc. which are on board the Vessel. The Charterer may keep the log books, but the Charterer shall be the sole responsibility furnish copies of the Chartererssame to the Owner Trustee if requested by the Owner Trustee.
Appears in 1 contract
Sources: Bareboat Charter Party (Horizon Lines Ventures, LLC)
Redelivery. 59.1 Upon termination (a) Lessee shall provide written notice to Lessor not less than one hundred twenty (120) days and not more than two hundred forty (240) days prior to the expiration of the term of any Schedule (or expiry of any renewal thereof, if applicable) of Lessee's intent to return the Equipment described on such Schedule to Lessor upon the expiration of the term of such Schedule. IF LESSEE FAILS TO PROVIDE THE FOREGOING NOTICE IN A TIMELY MANNER, THE TERM OF THE APPLICABLE SCHEDULE AUTOMATICALLY SHALL BE DEEMED TO HAVE BEEN EXTENDED, WHICH EXTENSION SHALL CONTINUE UNTIL ONE HUNDRED TWENTY (120) DAYS AFTER THE DATE ON WHICH LESSEE PROVIDES THE REQUIRED NOTICE, DURING WHICH EXTENSION PERIOD LESSEE SHALL CONTINUE TO PAY TO LESSOR PER DIEM RENT AT THE LAST PREVAILING LEASE RATE UNDER THE APPLICABLE SCHEDULE; provided, however that Lessor may elect to terminate such extension at any time upon ten (10) days written notice to Lessee. During such extension period, the terms and conditions of this CharterLease (including, without limitation, the provisions of this Section 13) shall continue to be applicable. Solely for purposes of the definition of Stipulated Loss Value in Section 12(d) hereof, any such extension shall be deemed a renewal of the term of such Schedule.
(b) Upon the expiration or
(1) the Supplier's representative or other qualified person acceptable to Lessor (the "DESIGNATED PERSON") to de-install such Equipment in accordance with the Supplier's specifications (as applicable) and pack such Equipment properly and in accordance with the Supplier's recommendations (as applicable); and (2) such Equipment to be transported in a manner consistent with the Supplier's recommendations and practices (as applicable). Upon return, such Equipment shall be: (i) in the same condition as when delivered to Lessee under the related Schedule, ordinary wear and tear excepted; (ii) mechanically and structurally sound, capable of performing the functions for which such Equipment was originally designed, in accordance with the Supplier's published and recommended specifications (as applicable); (iii) redelivered with all component parts in good operating condition (and all components must meet or exceed the Supplier's minimum recommended specifications, unless there otherwise agreed by Lessor in writing); (iv) redelivered with all software and documentation necessary for the operation of such Equipment for the performance of the functions for which such Equipment was originally designed (whether or not such software is embedded in or otherwise is a Sale part of such Equipment); and (v) cleaned and cosmetically acceptable, with all Lessee-installed markings removed and all rust, corrosion or other contamination having been removed or properly treated, and in such condition so that it may be immediately installed and placed in service by a third party. Upon delivery, such Equipment shall be in compliance with all applicable Federal, state and local laws, and health and safety guidelines. Lessee shall be responsible for the cost of all repairs, alterations, inspections, appraisals, storage charges, insurance costs, demonstration costs and other related costs necessary to cause such Equipment to be in full compliance with the terms of this Lease.
(c) If requested by Lessor, Lessee shall also deliver all related records and other data to Lessor, including all records of maintenance, modifications, additions and major repairs, computerized maintenance history, and any maintenance and repair manuals (collectively, the "RECORDS"). All manuals or other documents delivered to Lessor that are subject to periodic revision will be fully up-to-date and current to the Chartererslatest revision standard of any particular manual or document. In the event any such Records are missing or incomplete, the Owners Lessor shall have the right to cause the same to be reconstructed at Lessee's expense.
(but d) In addition to Lessor's other rights and remedies hereunder, if such Equipment and the related Records are not boundreturned in a timely fashion, or if repairs are necessary to place any item of Equipment in the condition required in this Section, Lessee shall (i) continue to require pay to Lessor per diem rent at the Charterers last prevailing lease rate under the applicable Schedule with respect to redeliver such item of Equipment, for the Vessel period of delay in redelivery, and/or for the period of time reasonably necessary to accomplish such repairs, and (ii) pay to Lessor an amount equal to the Owners within aggregate cost of any such repairs. Lessor's acceptance of such rent on account of such delay and/or repair does not constitute an extension or renewal of the term of the related Schedule or a waiver of Lessor's right to prompt return of such Equipment in proper condition. Such amount shall be payable upon the earlier of Lessor's demand or the return of such Equipment in accordance with this Lease.
(e) Without limiting any other terms or conditions of this Lease, the provisions of this Section are of the essence of each Schedule, and upon application to any court of equity having
(f) Within thirty (30) days from after the Termination Date or the expiry return of the Charter Period: (a) at the Vessel's current or next port of call, or at a port or place convenient to them without hindrance or interference to the Charterers, courts or local authorities; and Equipment in accorace with clause (b) with her class maintained without any conditions or recommendation; ), above, Lessor and (c) free of average damage affecting the Vessel's class; and (d) with all the Vessel's classification, trading, national and international certificates that the Vessel had when she was delivered under this Charter and the log book and whatsoever necessary relating to the operation of the Vessel, valid and un-extended without conditions or recommendation falling due for Lessee shall choose a minimum of three (3) months from the time of redelivery; and (e) in the same or as good structure, state, condition and class as that in which she was deemed delivered under Clauses 3, 33 and 34 fair wear and tear not affecting class excepted; and (f) with all such spare parts and other equipment she had at the time of delivery under this Charter together with all alterations made to the Vessel during the Charter Period without any cost to the Owners; and (g) with all information generated during the Charter Period in respect of the physical condition of the Vessel onboard the Vessel and within the Charterers' possession.
59.2 The Charterers shall give the Owners not less than thirty (30) days' notices of the expected geographical range of redelivery.
59.3 Pending physical repossession of the Vessel in accordance with Clause 59.1, the Charterers shall hold the Vessel as gratuitous bailee only to the Owners. The Owners shall arrange for an authorised representative to board the Vessel as soon as reasonably practicable following the termination of the Charter. The Vessel shall be deemed to be repossessed by the Owners from the Charterers upon the boarding of the Vessel by the Owners' representative. All arrangements and expenses relating to the settling of wages, disembarkation and repatriation of the Charterers' Master, officers and crew shall be the sole responsibility of the Charterers.mutually
Appears in 1 contract
Sources: Master Lease Agreement (Smithway Motor Xpress Corp)
Redelivery. 59.1 Upon termination or expiry of this Charter, unless there is a Sale to the Charterers, the Owners shall have the right (but not bound) to require the Charterers to redeliver the Vessel to the Owners within thirty (30) days from the Termination Date or the expiry of the Charter Period: :
(a) at the Vessel's ’s current or next port of call, or at a port or place convenient to them without hindrance or interference to the Charterers, courts or local authorities; and and
(b) with her class maintained without any conditions or recommendation; and and
(c) free of average damage affecting the Vessel's ’s class; and and
(d) with all the Vessel's ’s classification, trading, national and international certificates that the Vessel had when she was delivered under this Charter and the log book and whatsoever necessary relating to the operation of the Vessel, valid and un-extended without conditions or recommendation falling due for a minimum of three (3) months from the time of redeliveryofredelivery; and and
(e) in the same or as good structure, state, condition and class as that in which she was deemed delivered under Clauses 3, 33 and 34 fair wear and tear not affecting class excepted; and and
(f) with all such spare parts and other equipment she had at the time of delivery under this Charter together with all alterations made to the Vessel during the Charter Period without any cost to the Owners; and and
(g) with all information generated during the Charter Period in respect of the physical condition of the Vessel onboard the Vessel and within the Charterers' ’ possession.. BBC Rider Clause (▇▇▇▇▇▇▇▇▇▇) (20180426)
59.2 The Charterers shall give the Owners not less than thirty (30) days' ’ notices of the expected geographical range of redelivery.
59.3 Pending physical repossession of the Vessel in accordance with Clause 59.1, the Charterers shall hold the Vessel as gratuitous bailee only to the Owners. The Owners shall arrange for an authorised representative to board the Vessel as soon as reasonably practicable following the termination of the Charter. The Vessel shall be deemed to be repossessed by the Owners from the Charterers upon the boarding of the Vessel by the Owners' ’ representative. All arrangements and expenses relating to the settling of wages, disembarkation and repatriation of the Charterers' ’ Master, officers and crew shall be the sole responsibility of the Charterers.
Appears in 1 contract
Sources: Bareboat Charter (DryShips Inc.)