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LIMITED WARRANTY TO APPLY-The OWNER and MARINA agree that by reason of the nature of a saltwater harbor environment
<br /> and the attributes of marina and marine services operations,MARINA cannot anticipate or predict when,where or how specific causes
<br /> Will arise to disrupt service, cause parts failures, servicing difficulties, defects in materials and breakdowns in equipment functions. The
<br /> OWNER and the MARINA further stipulate that by reason of the nature of a salt water environment and salt water harbor used by both
<br /> pleasure and commercial watercraft,the MARINA cannot anticipate where or how specific events and causes(including but not limited
<br /> to weather,such as storms)will arise to disrupt service, destroy MARINA facilities, cause breakdowns and destroy equipment and
<br /> materials and cause parts failures. It is also stipulated that when remedial action, including general and specific maintenance,repairs,
<br /> and services,are required or ordered,the MARINA cannot anticipate or guarantee that remedial action will be able to be carried out
<br /> within the time and expense parameters estimated. The OWNER and the MARINA therefore agree that the MARINA shall not be liable
<br /> to the OWNER,the Vessel or to those in privities with them,for any loss or diminution of services,water,mooring or dock facilities,
<br /> navigable channels or depths in local harbors and waterways,or for any other loss, damage,disruption, or services or use of MARINA
<br /> facilities for any reason, including but not limited to acts of God, fire,explosions,civil commotions, vandalism, strikes, lockouts,
<br /> emergencies,local or regional disasters of any kind or third party actions,regardless of the nature of duration thereof. The MARINA
<br /> shall not be obligated to make any refunds to the OWNER as a result thereof. More specifically,,MARINA cannot know about,
<br /> anticipate,or predict the existence or evolution of latent conditions aboard any vessel,and its facilities which may be or become an
<br /> imminent or actual hazard that threatens the vessel or any other vessels and property at MARINA's premises. The OWNER and I,
<br /> MARINA agree that there is at all times a significant risk that a real hazard will materialize fiom an unknown and unforeseeable latent
<br /> condition aboard some vessel at the premises and that there is no reasonable way that MARINA can assume the responsibility of
<br /> investigating in advance to discover such conditions.
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<br /> The MARINA reserves the right not to renew this contract. It is the MARINA's policy to allow renewals of its contracts from year to
<br /> year by those who have occupied berths, dock space and moorings,but this policy is always subject to change or termination at any time
<br /> where it appears useful or appropriate for the MARINA to do so. The OWNER and Vessel specifically disclaim any right,title or
<br /> property interest of any kind in future renewals
<br /> of this contract,or in any specific method of providing for renewals of these contracts. '
<br /> Further,the MARINA reserves the right to move or reassign OWNER and Vessel in occupied berths, dock space and moorings at any
<br /> time,for any reason,within MARINA during the contract period.
<br /> MARINA shall have the right to terminate this contract for cause,upon reasonable notice in writing to the OWNER Cause shall
<br /> include,but shall not be limited to,the breach of any term, condition,covenant or restriction herein contained. Reasonable notice shall
<br /> depend on circumstances,and may be dispensed with in advance where an emergency exists and where immediate action appears to be
<br /> required,in MARINA's judgment. Where such immediate action is required,in MARINA's judgment,MARINA may move the Vessel
<br /> from its assigned place or temporary place to any appropriate alternate location, in order to deal with the danger that appears to exist;
<br /> MARINA shall notify the OWNER as soon as possible thereafter.
<br /> Itis hereby stipulated and agreed that the OWNER may directly or indirectly supply his own work, labor,parts, components and
<br /> materials in respect to the maintenance,repairs, and services for the Vessel,while in the water at the.MARINA's facilities;provided,
<br /> however,that the OWNER shall first,in all such instances,notify the MARINA of his intention to supply the same for the benefit of the
<br /> Vessel,and shall first supply the.MARINA with a certificate of insurance covering personal injury and property damage claims, and
<br /> other risks usually covered by the insurance policies and(except in the case where owner personally is to perform such labor)in the �.
<br /> POlicYlinlits normally carried by the MARINA. In each case,as each person other than the MARINA's personnel arrives for work at the
<br /> Premises of the MARINA,he or they shall report to the offices of the MARINA andpresent a certificate in acceptable form from the
<br /> insurance carrier that they are then covered by the full amount of insurance required hereunder by a properly licensed and qualified
<br /> MMY,and each outside workman,independent contractor,employee,etc.,(but not the OWNER himself),shall in advance pay a daily
<br /> $50.00 fee for proportionate share of the MARINA's overhead that is fairly allocable to the MARINA's facilities that are being used by
<br /> such outside workers. Unless such certificate of insurance is presented and unless such daily fee is paid in advance, the MARINA shall
<br /> havethe right to deny access to its premises and to deny the right to do any work, or to provide any services to said Vessel there. The
<br /> insurance as required by the MARINA for the OWNER to personally work on the Vessel shall be at the policy limits reasonably less than
<br /> repaired for the outside serviceman,mechanics, labor, or other services. Reasonably less policy limits shall be determined on an
<br /> i6vidual basis by the MARINA in relation to the amount of risk to be created by the OWNER of the Vessel to other vessels in the
<br /> RARINA,its facilities,and environs. Outside contractors shall provide certificates of insurance for workman's compensation equivalent
<br /> tout required by the Longshoreman's Act. Outside contractors"shall also demonstrate that they have met the OSHA hazard q
<br /> munications standard and in conjunction with it the Massachusetts Right-To-Know training. The outside contractor shall further
<br /> rant that he will cause all hazardous or toxic waste to be removed from the MARINA by a licensed transporter for such waste.
<br /> 7 'KU the INA facilities shall not be used for solicitation,advertising, or any other business purposes, either from the Vessel or ashore,
<br /> tided that
<br /> Mthe si ARINA
<br /> °�ded thor its permitees. The OWNER may,however,place a simple"For Sale"sign on the Vessel in order to sell it, .
<br /> approved "For
<br /> shall be of a size, style and form which is acceptable to the MARINA. As a courtesy,the MARINA will supply an
<br /> a type of For Sale"sign to the OWNER for such purpose,which sign shall be returnable when no longer needed. The OWNER
<br /> that the MARINA cannot assume the risks connected with allowing outside yacht brokers to board vessels at its facilities on the
<br /> hrak sof showing and demonstrating such vessels to prospective buyers,where MARINA has no reasonable way to identify such
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<br /> or to determine the scope of their authorization, or prevent damage or losses to the boarded vessel or to those nearby as a result
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