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loss which occurs as a result of the action or negligence of other vessel owner or business visitors or guests on the premises of MARINA
<br /> shall not under any circumstances be attributed or imputed to MARINA. Furthermore, in addition to the foregoing,MARINA shall not
<br /> be liable for extreme weather damage,whether by icing, storms, lightening,winds,hail, flood high or low tides,wake or wave damage,
<br /> or fire or explosion or other damages to the vessel.
<br /> The OWNER warrants and covenants that,at the inception of this contract and at all times(including holdovers)during the term and any
<br /> or hauling from the water,while it is being hauled from the water, and
<br /> agreed extensions thereof,while the Vessel is being readied f
<br /> during the period that it is on land in inside or outside storage,and while the Vessel is being returned to the water at the end of land
<br /> storage,and while the Vessel is back in the water ready for the OWNER at the end of this contract,the Vessel shall at all times be and
<br /> shall be maintained in a safe,seaworthy and fit condition for the purposes of storage and all handling connected therewith,and the
<br /> Vessel's trailer,if furnished by the OWNER,as furnished shall at all times be a strong, safe structurally sound trailer,fit for the purpose
<br /> ofhauling,moving,holding and storing the Vessel pursuant to this contract.
<br /> Unless specifically described above as beingincluded,ded,this storage contract shall not include any tender, dinghy,runabout, of any style,
<br /> size or material of manufacture,normally belonging to the Vessel. MARINA shall be entitled to make such extra charges or
<br /> requirements pertaining to such tender, dinghy,etc.,as it deems necessary,before accepting it for storage hereunder.
<br /> It is agreed and stipulated that the dockage/mooring included in this contract does not include any specific type of watchman police
<br /> guard or security guard services,other than the Town o � 1 ce
<br /> f Ma ,
<br /> sh P
<br /> ee s usual police ice an
<br /> at large. The OWNER agrees that MARINA shall not be liable to the OWNER or the Vessel,a or ant services supplied h the community
<br /> reason of an into those in I I
<br /> b y trusion,theft,vandalism,arson or other criminal acts of any kind or de privity with ether of them,
<br /> Bywater. gree on or about the Vessel,whether by Land or
<br /> The OWNER covenants that he will place his Vessel only in the place assigned to and will allow no vessel except the above-named
<br /> Vessel to occupy the mooring,berth or dock space allocated to it. In the event that the OWNER places or allows his Vessel to be placed
<br /> where it is not assigned, or allows any other vessel to use said assigned space or mooring or to raft on to his Vessel,the OWNER and his
<br /> Vessel will be liable for triple the posted labor rate to remove the Vessel and place it in its assigned dockage/mooring.
<br /> The OWNER covenants and agrees that at the
<br /> end of the term here
<br /> from its
<br /> assigned berth or dock space in a careful, seamanlike manner,leaving all facilities and ut ltiest including alo removel shore cthesonnections and
<br /> MARINA supplied devices,in good order and condition,reasonable wear and tear only excepted.
<br /> The OWNER warrants and covenants that,at the inception ofthis contract and all times during the contract period,or oceupies its assigned or an iod w '
<br /> gn y temporary berths d P hale the Vessel uses
<br /> P rY cause
<br /> spaces,moorings,anchorages or other facilities of the MARINA, the Vessel shall
<br /> be operated in a careful,safe manner so as not to cause damage to the MARINA's facilities or to any other vessels,and shall not
<br /> constitute or be a public or private nuisance or any interference with the peaceful enjoyment of MARINA facilities by others. The
<br /> OWNER hereby authorizes the MARINA,acting through he Dock Master,Harbor Master,Fire or Police Department or an other
<br /> appropriate officials or agents,to take reasonable and appropriate actions at the OW" expense, including boarding the Vessel and
<br /> allowing law enforcement officers aboard,to abate,mitigate or otherwise deal with any danger which is apparent,in order to protect tett the
<br /> MARINA's facilities and other vessels thereat,as well as to protect the general public,and privateroPe
<br /> POPPonesett Bays which might be affected thereby. The OWNER shall be bound by the actions of he MARINA aat nd shall be
<br /> fully
<br /> responsible for all expenses,including overtime wages of MARINA's employees,connected therewith. The MARINA shall be
<br /> a*Orrzed hereunder to remove the Vessel from the waters for such repairs and services as are required to make the vessel safe and
<br /> seaworthy so that it may be returned to its assigned mooring,berth or dock space. The MARINA's determinations as to what should be
<br /> done and where it shall be done shall be binding on the OWNER and the Vessel.
<br /> in the event that the Vessel and/or those aboard are, in the MARINA's judgment,either a public or private nuisance or unreasonably
<br /> Mterfere with the peaceful enjoymenty
<br /> e Vessel forthwith. In the vent that the Vessel shall breark free from ties by others,the
<br /> mooring berth ort dock spaerminate ce, it hall behis contract for
<br /> aeumed betweecause and n hereto that the Vessel was improperly secured and the OWNER and Vessel shall be responsible to the P n
<br /> MARINA damage resulting. MARINA for all
<br /> Usee or°maOWNER warrants and covenants that at the inception of this contract and at all times during the contract periodwhile
<br /> ple any facilities of the MARINA,the Vessel shall be covered by adequate Hull Insurance in and amount,
<br /> equal ohat least Vessel
<br /> *percent(80%)of its current market value and shall be covered also by usual forms of protection and indemnity insurance
<br /> non collision forms of damage caused by the Vessel or those aboard in the amount of at least$1,000,000.000 per person an for all
<br /> llldeo,protecting the OWNER and the MARINA against claims, demands,and suits and judgments P P d per
<br /> ansutg Within the coverage of said policies. All such insurance shall be written by marine insurance duly amounts for claim
<br /> mess as insurance tom P y q ified to dog
<br /> Nd ays notice companies in Massachusetts,and said policies shall provide that the MARINA shall be entitled to at least thirty
<br /> thereof n All in
<br /> Y surance
<br /> coveringsaid Vessel
<br /> ghts or subrogation against the MARINA and shall provide that the MARINA shall ln t be barpred from makirovisions ng claim the sot said
<br /> g against said
<br /> i
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