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;. of such activities. Therefore,the OWNER agrees that if the OWNER contracts with and outside yacht broker for the sale of the Vessel,
<br /> the OWNER shall either be present when such outside yacht broker brings prospective buyers to see and board the Vessel and shall be
<br /> responsible for the activities of such outside yacht broker and prospective buyer while at the facilities of the MARINA, or the OWNER
<br /> Will in writing notify the MARINA that the said outside yacht broker is entitled to act for him in his absence;and in such instance the
<br /> said outside yacht broker shall always first report to the offices of the MARINA when bringing prospective buyers to see the Vessel
<br /> without the owner present,and the MARINA shall always provide a representative of the MARINAto accompany such outside t
<br /> yach
<br /> broker to the Vessel and be in attendance while the Vessel is being exhibited to the prospective buyer and until said outside yacht broker
<br /> concludes his business and departs from the premises of the MARINA. It is understood and agreed that the MARINA shall charge an
<br /> hourly fee to said outside broker,payable in advance,for the services of providing a representative of the MARINA at such times. Such
<br /> fees shall not be related to the commission earned by the said outside yacht broker,and shall not be conditional upon whether a sale
<br /> results from the supervised activity.
<br /> It is hereby stipulated and agreed that the provisions of this agreement pertaining to work, labor, and materials supplied in respect to
<br /> maintenance,repairs and services for the Vessel and other Vessels at MARINA's facilities, and the provisions of this agreement
<br /> pertaining to the prohibition of solicitation, advertising and business purposes being conducted by anyone except the MARINA or its
<br /> permittees,and the provisions of this agreement pertaining to yacht brokerage in connection with sales activities carried on while Vessel
<br /> is located at premises of MARINA,are all primarily intended as risk avoidance measures by MARINA. MARINA cannot undertake to
<br /> determine in advance the abilities,skills,honesty, integrity, insurance coverage and the business identity of each outside craftsman or
<br /> alleged craftsman who purports to do work on vessels at MARINA's premises,nor can MARINA take the risk that those who hold
<br /> themselves out to be outside craftsman and authorized to board the OWNER's Vessel,may actually be criminals or unauthorized
<br /> persons. MARINA cannot take the risk that actually authorized outside craftsman will conduct themselves negligently and cause
<br /> extensive damage to other vessels and the MARINA's facilities in a manner which is not covered by MARINA's insurance or will cause
<br /> an increase in premiums or cancellation of insurance. Furthermore,MARINA cannot undertake to care for and protect the OWNER's
<br /> Vessel or to provide proper and satisfactory work, labor and materials in respect to said Vessel where the OWNER supplies some of the
<br /> cannot determine whether those parts or materials are defective in any way,since such defe
<br /> parts or materials and MARINA, cts
<br /> themselves may serve as catalysts for other damage or problems to arise while not in themselves causing any direct apparent ms probllee
<br /> (e.g.,galvanic action caused by a defective paint or by a defective part or component). Furthermore,MARINA cannot undertake
<br /> provide general oversight and protection of activities on its premises if business activities are conducted which are intended to attract
<br /> business visitors who are unknown to the OWNER and to
<br /> the MARINA
<br /> who
<br /> may board dtheO
<br /> OWNER's Vessel for an alleged business
<br /> purpose which causes damage or loss or even the theft
<br /> of the Vessel. In similar manner,MARINA cannot assume the risks connected
<br /> with allowing outside yacht brokers to board any vessels at its facilities on the pretext of showing and demonstrating the vessels to
<br /> Prospective buyers where MARINA has no reasonable way to identify such brokers, or determine the scope of their authorization, or to
<br /> Prevent damage or losses to the boarded Vessel or to those nearby as a result of such activities. The provisions of this agreement,
<br /> therefore,are intended to protect MARINA in such matters giving MARINA control of such matters within its premises. Nothing herein
<br /> shall preclude the OWNER from removing his Vessel to any other place for the purposes described herein or to have them performed
<br /> elsewhere by anyone, including yacht brokerage. Nothing herein shall prevent the OWNER on
<br /> a case
<br /> rmission b case basis
<br /> Pe of Y b requesting
<br /> MARINA to � Y stm
<br /> make an exception to any of the terms and conditions herein described upon the q g
<br /> to
<br /> be expected are minimal and do not increase risks forth MARINA, but MARINA shall not be bound to grant such requests if it feels in
<br /> anyw'aythat its concerns for risk avoidance may be involved. The granting of an exception in any one instance shall not create any
<br /> Presumption or right to a similar exception in any other instance. To the extent,in any instance,that any provision of this agreement may
<br /> have the appearance,except for the grounds of risk avoidance, of a possible restraint of trade or other antitrust violation, the parties
<br /> herebystipulate and agree that the rim purpose of said provisions is risk avoidance on the part of the MARINA based upon the
<br /> p primary P rP
<br /> understanding of the OWNER that the alternative would be for MARINA to shift the economic impact of such risks by charging
<br /> prohibitively high prices for its services. Since the OWNER has the freedom to buy the same services, labor or materials from any other
<br /> services,at prices which are not significantly different from that of MARINA,the OWNER at arm's length freely chooses to agree to
<br /> such risk avoidance terms in order to muiimize the risks of MARINA and to achieve the corresponding satisfactory price for the general
<br /> services and benefits purchased from MARINA.
<br /> Itis agreed that the contract amount payable directly and indirectly hereunder by the OWNER would necessarily be
<br /> We1'required to assume more risks and liabilities than are enumerated hereunder, if MARINA were required to give up benefit oer if MARINA I'
<br /> vwnber of restrictions conditions waivers and exonerations enumerated herein. By accepting the entire agreement as written,the
<br /> OWNER stipulates and warrants that he has done so in order to enable MARINA to make the contract charges stated above,rather than
<br /> higher charges and fees. It is agreed that there is this valuable and special consideration for the specific restrictions,terms, conditions
<br /> waivers and exonerations which favor MARINA hereunder,and that they are both fair and reasonable under the circumstances,and that
<br /> no inequities will result if they are enforced in a favor of the MARINA.
<br /> URICANE-The OWNER and MARINA stipulate that MARINA shall not be liable for loss, damage,third damage or los
<br /> oPert},or person in the event of acts of God storms floods high winds per' g s to
<br /> eProperty of the , gales or hurricanes. The OWNER further agrees to evacuate
<br /> MARINA together with his vessel,since the OWNER understands that no such facility can guarantee/warranty safety
<br /> m ase,,or 1 weather,conditions. (e.g. flood tide,gales,winds,high waves). It shall be the OWNER'S responsibility to remove the
<br /> Vessel,or in a timely manner instruct the MARINA to haul it without liability to the MARINA and at its normal rates for equipment,
<br />
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