Common use of Responsibility for Damage Clause in Contracts

Responsibility for Damage. Boat Owner and Vessel shall be responsible for and shall promptly, upon demand, pay Marina for any costs or damage incurred by the marina or others due to acts or omissions of the Boat Owner, the Vessel, or Boat Owner’s agents or guests. Boat Owner shall not release or permit to be released, by action or inaction, any hazardous waste or environmentally objectionable substances, including oil, gasoline or untreated sewage (“Hazardous Substances”) into the water or land of Marina Facilities. The costs for which Boat Owner and Vessel may be responsible include, but are not limited to, the costs of absorbent booms, absorbent pads, disposal of the Hazardous Substance, clean up oversight by governmental agencies and Marina personnel, and any legal fees, costs and penalties incurred in defense of any violations. Boat Owner shall be responsible for IMMEDIATELY and cleaning up any such release. Boat Owner shall IMMEDIATELY report any release to all appropriate government authorities and to the Marina Manager and shall keep Xxxxxx informed on a daily basis of Boat Owner’s actions in reporting and cleaning up a release. Xxxxxx xxx take any action in lieu of, the provisions set forth in the Disclaimer of Liability and Agreement to Indemnify. Boat Owner and their personal representatives, heirs, assigns and successors in title hereby agree to defend, indemnify, and hold harmless Marina and its agents, officers, stockholders, directors, and their respective successors in title, of and from any cost, expense or liability resulting from negligence of the Boat Owners agents, invites, or from the unsafe condition of Boat Owners Vessel. The Boat Owner expressly assumes all risks to his/her Vessel, including (without limiting such risks) perils of the sea, fire, windstorm, flooding and all other hazards not the direct and proximate result of gross negligence of Marina or of their agents.

Appears in 2 contracts

Samples: Storage Space License Agreement, License Agreement

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Responsibility for Damage. Boat Owner and Vessel shall be responsible for and shall promptly, upon demand, pay Marina for any costs or damage incurred by the marina or others due to acts or omissions of the Boat Owner, the Vessel, or Boat Owner’s agents or guests. Boat Owner shall not release or permit to be released, by action or inaction, any hazardous waste or environmentally objectionable substances, including oil, gasoline or untreated sewage (“Hazardous Substances”) into the water or land of Marina Facilities. The costs for which Boat Owner and Vessel may be responsible include, but are not limited to, the costs of absorbent booms, absorbent pads, disposal of the Hazardous Substance, clean up oversight by governmental agencies and Marina personnel, and any legal fees, costs and penalties incurred in defense of any violations. Boat Owner shall be responsible for IMMEDIATELY and cleaning up any such release. Boat Owner shall IMMEDIATELY report any release to all appropriate government authorities and to the Marina Manager and shall keep Xxxxxx informed on a daily basis of Boat Owner’s actions in reporting and cleaning up a release. Xxxxxx xxx take any action in lieu of, the provisions set forth in the Disclaimer of Liability and Agreement to Indemnify. Boat Owner and their personal representatives, heirs, assigns and successors in title hereby agree to defend, indemnify, indemnify and hold harmless Marina and its agents, officers, stockholders, directors, directors and their respective successors in title, of and from any cost, expense or liability resulting from negligence of the Boat Owners agents, invites, or from the unsafe condition of Boat Owners Vessel. The Boat Owner expressly assumes all risks to his/her Vessel, ; including (without limiting such risks) perils of the sea, fire, windstorm, flooding and all other hazards not the direct and proximate result of gross negligence of Marina or of their agents.

Appears in 2 contracts

Samples: License Agreement, License Agreement

Responsibility for Damage. Boat Owner and Vessel shall be responsible for and shall promptly, upon demand, pay Marina for any costs or damage incurred by the marina or others due to acts or omissions of the Boat Owner, the Vessel, or Boat Owner’s agents or guests. Boat Owner shall not release or permit to be released, by action or inaction, any hazardous waste waste, or environmentally objectionable substances, including oil, gasoline gasoline, or untreated sewage (“Hazardous Substances”) into the water or land of Marina Facilities. The costs for which Boat Owner and Vessel may be responsible include, but are not limited to, the costs of absorbent booms, absorbent pads, disposal of the Hazardous Substance, clean up oversight by governmental agencies and Marina personnel, and any legal fees, costs and penalties incurred in defense of any violations. Boat Owner shall be responsible for IMMEDIATELY and cleaning up any such release. Boat Owner shall IMMEDIATELY report any release to all appropriate government authorities and to the Marina Manager and shall keep Xxxxxx informed on a daily basis of Boat Owner’s actions in reporting and cleaning up a release. Xxxxxx xxx take any action in lieu of, the provisions set forth in the Disclaimer of Liability and Agreement to Indemnify. Boat Owner and their personal representatives, heirs, assigns and successors in title hereby agree to defend, indemnify, and hold harmless Marina and its agents, officers, stockholders, directors, and their respective successors in title, of and from any cost, expense or liability resulting from negligence of the Boat Owners agents, invites, or from the unsafe condition of Boat Owners Vessel. The Boat Owner expressly assumes all risks to his/her Vessel, including (without limiting such risks) perils of the sea, fire, windstorm, flooding and all other hazards not the direct and proximate result of gross negligence of Marina or of their agents.

Appears in 1 contract

Samples: License Agreement

Responsibility for Damage. Boat Owner and Vessel Boat shall be responsible for and shall promptly, upon demand, pay Marina FIYC for any costs or damage incurred by the marina FIYC or others due to acts or omissions of the Boat Owner, the VesselBoat, or Boat Owner’s 's agents or guests. Boat Owner shall not release or permit to be released, by action or inaction, any hazardous waste or environmentally objectionable substances, including oil, gasoline or untreated sewage ("Hazardous Substances") into the water or land of Marina FacilitiesFIYC. The costs for which Boat Owner and Vessel Boat may be responsible include, but are not limited to, the costs of absorbent booms, absorbent pads, disposal of the Hazardous Substance, clean up oversight by governmental agencies and Marina FIYC personnel, and any legal fees, costs and penalties incurred in defense of any violations. Boat Owner shall be responsible for IMMEDIATELY immediately reporting and cleaning up any such release. Boat Owner shall IMMEDIATELY immediately report any release to all appropriate government authorities and to the FIYC Marina Manager and shall keep Xxxxxx FIYC informed on a daily basis of Boat Owner’s 's actions with respect to any clean up. If FIYC is not satisfied, at FIYC's sole discretion, with Boat Owner's actions in reporting and cleaning up a release. Xxxxxx xxx , FIYC may take any action it deems appropriate regarding the release, at Boat Owner's expense. This provision is in addition to, and not in lieu of, the provisions set forth in the Slipholder’s Disclaimer of Liability and Agreement to Indemnify. Boat Owner and their personal representatives, heirs, assigns and successors in title hereby agree to defend, indemnify, and hold harmless Marina and its agents, officers, stockholders, directors, and their respective successors in title, of and from any cost, expense or liability resulting from negligence of the Boat Owners agents, invites, or from the unsafe condition of Boat Owners Vessel. The Boat Owner expressly assumes all risks to his/her Vessel, including (without limiting such risks) perils of the sea, fire, windstorm, flooding and all other hazards not the direct and proximate result of gross negligence of Marina or of their agents.

Appears in 1 contract

Samples: Boat Slip License Agreement

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Responsibility for Damage. Boat Owner and Vessel shall be responsible for and shall promptly, upon demand, pay Marina for any costs or damage incurred by the marina or others due to acts or omissions of the Boat Owner, the Vessel, or Boat Owner’s agents or guests. Boat Owner shall not release or permit to be released, by action or inaction, any hazardous waste waste, or environmentally objectionable substances, including oil, gasoline gasoline, or untreated sewage (“Hazardous Substances”) into the water or land of Marina Facilities. The costs for which Boat Owner and Vessel may be responsible include, but are not limited to, the costs of absorbent booms, absorbent pads, disposal of the Hazardous Substance, clean up oversight by governmental agencies and Marina personnel, and any legal fees, costs and penalties incurred in defense of any violations. Boat Owner shall be responsible for IMMEDIATELY and cleaning up any such release. Boat Owner shall IMMEDIATELY report any release to all appropriate government authorities and to the Marina Manager and shall keep Xxxxxx informed on a daily basis of Boat Owner’s actions in reporting and cleaning up a release. Xxxxxx xxx take any action in lieu of, of the provisions set forth in the Disclaimer of Liability and Agreement to Indemnify. Boat Owner and their personal representatives, heirs, assigns and successors in title hereby agree to defend, indemnify, and hold harmless Marina and its agents, officers, stockholders, directors, and their respective successors in title, of and from any cost, expense or liability resulting from negligence of the Boat Owners agents, invites, or from the unsafe condition of Boat Owners Vessel. The Boat Owner expressly assumes all risks to his/her Vessel, including (without limiting such risks) perils of the sea, fire, windstorm, flooding and all other hazards not the direct and proximate result of gross negligence of Marina or of their agents.

Appears in 1 contract

Samples: License Agreement

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