Common use of VACATING BERTH Clause in Contracts

VACATING BERTH. Whenever an Ocean Vessel is unable or refuses to load or unload, or shift within or between anchorage sites, mid-stream transfer facilities, berths or docks, the Terminal management may order the Ocean Vessel to vacate the Berth after notice to vacate is delivered to the Ocean Vessel’s master or agent. If an Ocean Vessel refuses or fails to vacate the Berth when ordered to vacate, United Bulk Terminal shall be entitled to charge and recover from Ocean Vessel and Vessel Party as liquidated damages the sum of $5,000.00 per hour for each hour or fraction thereof of each calendar day from one hour after delivery of the notice to vacate that the Ocean Vessel remains in Berth, regardless of any intervening circumstances of any nature. Furthermore, United Bulk Terminal reserves the right to order, at its sole discretion, any Ocean Vessel to vacate the Berth. Should the Ocean Vessel fail to vacate the Berth when so ordered, a charge of $5,000 per hour, for each hour or fraction thereof that the Ocean Vessel remains in Berth, shall be assessed against the Ocean Vessel and Vessel Party as liquidated damages, which charge of $5,000 per hour shall be assessed for each hour or fraction thereof of each calendar day from one hour after delivery of the notice to vacate until the Ocean Vessel vacates the Berth, regardless of intervening circumstances. If the Ocean Vessel does not vacate the Berth when so ordered, the Ocean Vessel will be subject to, in addition to the liquidated damages above, all costs, including but not limited to, attorney fees and expenses in connection with the moving of the Ocean Vessel, which costs and expenses (and liquidated damages) shall be for the account of and the full risk of the Ocean Vessel and Vessel Party.