Common use of VACATING BERTH Clause in Contracts

VACATING BERTH. Whenever a Vessel is unable or refuses to unload, or shift within or between anchorage sites, berths or docks, Tampa Electric may order the Vessel to vacate the Terminal after notice to vacate is delivered to the Vessel’s master or the Vessel Party. If Vessel refuses or fails to vacate the Berth when ordered to vacate, Tampa Electric shall be entitled to charge and recover from the 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 Vessel remains at the Terminal, regardless of any intervening circumstances of any nature. Additionally, if the Vessel Party does not timely vacate the Terminal, the Vessel Party will be subject to, in addition to the liquidated damages above, to all costs (including but not limited to attorney fees) and expenses in connection with the moving of the Vessel Party, which costs and expenses (and liquidated damages) shall be for the account of and the full risk of the Vessel Party.