SAFE BERTH. Operator shall exercise due diligence to provide a berth which the nominated Marine Vessels accepted by the Operator can safely reach and leave and at which the Marine Vessel can lie, load, and discharge always safely afloat; provided however, Operator makes no representation or warranty regarding the safety of any channel, anchorage or other waterway used in approaching or departing from the designated berth. It is understood that per Operator’s lease or sublease agreement with the City, that Operator does not maintain the berthing depth; however, Operator shall ensure that Customer and any of Customer’s accepted Marine Vessels are immediately notified of any changes in water depth that affect the stated draft maximum at mean lower low water as set forth in an applicable Terminal Service Order.
SAFE BERTH. Carrier shall have the responsibility for determining the safety of each port and berth applicable to the services covered by this Contract, including entry into, laying afloat at, and egress from each such port and berth by the Vessels at all seasons, times and stages of tide. The ports and berths identified herein are agreed by Carrier to be safe for such purposes. In the event substitute or other ports or berths are nominated by Shipper, Carrier shall promptly inspect such ports and berths to determine whether the Vessels can safely enter, lay at and depart from such ports and berths at all seasons, times and stages of tide, and shall immediately notify Shipper in writing if the Vessels or either of them cannot do so, identifying the deficiencies with particularity. Should any port or berth become, in the reasonable opinion of Carrier, unsafe following commencement of this Contract, Carrier shall immediately notify Shipper in writing with full particulars of the hazards and/or dangers and shall await Shipper's instructions. Carrier shall be responsible for the safe navigation operation and berthing of the Tug and Barge at all times.
SAFE BERTH. Seller guarantees to Buyer a safe berth for the Vessel at the Load Port that can accommodate Vessels to be provided hereunder and where the Vessel can safely reach and safely leave and always lie safely afloat.
SAFE BERTH. Tampa Electric warrants that, so long as a vessel does not exceed the following dimensions, such vessel can safely proceed to, lie at, and depart from the berth and remain safely afloat at the berth at any stage of the tide. 45 Length Over All – 650 feet Beam – 85 feet Draft – 33 feet The tug/barge units “Xxxxx Xxxxxx” and “Xxxxx Xxxxx,” even though they exceed those dimensions, may call at Big Bend Terminal. From time to time, United may request permission for a vessel in advance of its use under this Agreement, the dimensions of which exceed those specified above, to call at Big Bend Terminal. In such case, Tampa Electric must give its prior approval to permit the vessel to call at Big Bend Terminal, which approval may be withheld for a good reason.
SAFE BERTH. The master of the Ocean Vessel shall be solely responsible for determining if the depth of water (at any tide or river stage) is sufficient for the Vessel, the Terminal having no responsibility therefor and the Terminal shall not be deemed to warrant the safety of public channels, fairways, approaches thereto, anchorages or other publicly-maintained areas either inside or outside the port area where any Vessel may operate. Furthermore, the Terminal shall not be deemed to warrant the safety of any of the Berth’s docks or midstream facilities, including the Terminal’s mooring buoys.
SAFE BERTH. Operator shall exercise due diligence to provide a berth which the nominated Marine Vessels accepted by the Operator can safely reach and leave and at which the Marine Vessel can lie, load, and discharge always safely afloat; provided however, Operator makes no representation or warranty regarding the safety of any channel, anchorage or other waterway used in approaching or departing from the designated berth; provided, however, that Operator shall ensure that TRMC and any of TRMC’s accepted Marine Vessels are immediately notified of any changes in water depth that affect the stated draft maximum at mean lower low water as set forth in an applicable Terminal Service Order.
SAFE BERTH. Seller shall provide, or cause to be provided to Buyer a safe berth at the Moorings as described in the Port Regulations.
SAFE BERTH. Buyer shall provide one safe port and one safe and always accessible berth free of wharfage and dockage fees for Seller’s nominated Vessel.
SAFE BERTH. Shipper warrants that, so long as a Vessel does not exceed the following dimensions, such Vessel can safely proceed to, lie at, and depart from the Berth, fully loaded, and remain safely afloat at the Berth at any stage of the tide. Length Over All 660 feet Beam 105 feet Xxxxx 00 xxxx (xxxx low salt water sailing draft) Notwithstanding the foregoing, Shipper does not warrant said draft under the following inclement weather conditions at any time present at the Berth.
SAFE BERTH. The vessel shall load at any safe place or berth reachable on her arrival which shall be designated by the Supplier provided the vessel can proceed thereto, lie at, and depart therefrom always safely afloat. The Supplier shall have the right of shifting the vessel at port of loading from one safe berth to another on payment of all towage and pilot age shifting to
