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2002
<br /> MASH PEE NECK MARINA INC.
<br /> DOCKAGE / MOORING CONTRACT �
<br /> RULES AND REGULATIONS
<br /> LOCATION: 21 Frog Pond Close
<br /> Mashpee,MA 02649
<br /> Phone': (508)477-6020
<br /> Fax:(508)477-5817
<br /> MAIL: 100 Falmouth Road
<br /> Mashpee,MA 02649
<br /> Phone:(508)477-4626
<br /> Fax. (508)477-1379
<br /> j,
<br /> This contract is by and between MASHPEE NECK MARINA INC./BOSUN'S MARINE
<br /> INC, ((both hereinafter called
<br /> MARINA
<br /> and described vessel called Vessel),represented by the
<br /> Vessel owner,(hereinafter called OWNER). The parties agree that all
<br /> oral or written representations, expressed or implied,on the subject of this contract have been incorporated orated int
<br /> and that no other additionalrP o this written a e
<br /> or different r gr ement
<br /> representareations, agreementble to this
<br /> ion
<br /> s terms,or contract conditions Zt'
<br /> agree that this agreement shall not be modified or altered or amended or suspended n any wayapplicaexcepupon the b s of a writing signed
<br /> by .Th arties further
<br /> both parties.
<br /> The OWNER agrees that this contract is not assignable to any other vessel owner(including an I
<br /> dthis ( g y purchaser of the Vessel during the term
<br /> agreement) and that this contract is not assignable to any other vessel(including any other vessel of the same OWNER). The
<br /> MARINA may,if it so chooses, allow assignment of this agreement subject to such changes as may be required by MARINA, but
<br /> MARINA shall not be obligated to do so,regardless of the apparent advantages to the MARINA. No assignment shall be effective
<br /> unless agreed to in writing by the MARINA in advance. The OWNER covenants and agrees that the OWNER,the Vessel,and those in
<br /> privity with either of them,will comply with all the terms and conditions of this agreement and with all Rules and Regulations of the
<br /> Marina,and will also comply and conform to the laws,regulations and rules of the Town of Mashpee and the Commonwealth of
<br /> Massachusetts,as and to the extent that they may be applicable.
<br /> By this contract,the MARINA agrees to permit OWNER to berth and dock or moor his above named and described Vessel at Mashpee
<br /> e Vessel is and shall be
<br /> Neck Marina,far the period of time above-indicated,subject to the terms and conditions
<br /> maintained in a safe and seaworthy condition by the OWNER,and shall not be a source of any envirommof this �entat. lnpollution which violates
<br /> the standards of the Town of Mashpee or the Commonwealth of Massachusetts,from time to time in effect,whichever standard shall be
<br /> the most restrictive. In event that the OWNER or other authorized person is unavailable,or is available but refuses to act, and if the
<br /> Vessel is in danger of sinking causing any hazard to navigation,becoming a fire,explosion or pollution hazard,or of causing damage to
<br /> g
<br /> MARINA'S facilities,by reason of any unsafe or unseaworthy condition of the Vessel while it is at MARINA'S facilities,the OWNER
<br /> authorizes MARINA to take reasonable and appropriate actions,at the OWNER's sole risk and expense to abate,mitigate and otherwise
<br /> deal with the apparent danger and to protect MARINA's facilities P fa ilrties and other
<br /> the th r vessels using ng them or being*stored there,
<br /> Public and private property and vessels using Shoestring and Popponesett Bays and its evirons. The OWNER agrees to be
<br /> hound by MARINA's actions and to be fully and solely responsible for all expenses incurred thereof,including overtime wages of
<br /> MARINA's employees employed for the purpose. The OWNER agrees further that MARINA shall have the authority,pursuant to this
<br /> pPh,to do all things and to take all steps to reduce the hazards and dangers that in MARINA's 'ud
<br /> eseeable. Nor
<br /> ot withstanding the abnothing herein shall be construed to create any duty,obligation orresponsibility,or act onappear to bet
<br /> ove' the
<br /> art of
<br /> the MARINA;and nothing.herein shall be construed to create any liability on the part of MARINA for failing to act in such
<br /> me snces;and nothing herein shall be construed to create any exception or waiver of the general conditions,restriction,waivers,
<br /> exonerations,ext, set forth herein in favor of MARINA.
<br /> OWNER agrees that MARINA shall not be responsible for any damage or loss which occurs to the Vessel includinbut notlimited
<br /> losses or damage arising out of failure of electric power or related equipment or arising out of acts of G ( g ariing
<br /> God,or force majeure or arising
<br /> of any other acts or occurrences of any and every kind)from cause beyond the immediate direct control of MARINA.Damage or
<br />
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