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labor,storage and/or mooring. OWNER shall bear total responsibility for all damage to and caused by Vessel in these circumstances.
<br /> yOWNER does not cause Vessel to be removed, it is stipulated that MARINA may do so, at full cost to OWNER,but with no
<br /> responsibility on its part or on the part of the MARINA's insurance underwriter. OWNER stipulates that Vessel contain at all times
<br /> _. sufficient ground tackle for hurricane conditions. The OWNER further agrees that his refusal to remove his Vessel from the MARINA
<br /> in hurricane conditions will immediately void all leases and the OWNER will not enter or reenter the MARINA thereafter except un
<br /> the pain of trespass. der
<br /> The OWNER stipulates for himself,the Vessel, and for those persons in privity with him,that wherever this agreement requires him or
<br /> the Vessel or those in privity with him to assume risk, in full or part,or to give up a right of action of any kind against or with respect to
<br /> MARINA,the OWNER shall arrange and provide insurance coverage for the benefit of those assuming the risk or giving up the right of
<br /> action or the OWNER shall become a self insurer of such risk and of any losses or claims thus given up,without recourse against
<br /> MARINA directly or indirectly. In respect to such insurance coverage, it is agreed that the OWNER shall defend, indemnify and save
<br /> MARINA harmless from all liability arising out of claims,demands, causes of action,suits,judgments and executions,on the part of the
<br /> OWNER,the Vessel, and those in privity with them,or any other persons or vessels directly or indirectly in violation of this agreement.
<br /> It is stipulated that the parties have deliberately negotiated and do intend a definite shifting of risks and waiver and release of liability
<br /> specifically allocating burdens and benefits unequally between them,as a matter of free contact,based on their evaluation or equities and
<br /> economic factors pertaining to them.
<br /> The OWNER stipulates that wherever this contract requires him, the Vessel,or those in privity with them to assume
<br /> in full or in part,or denies him,the Vessel, or those in privity with them,any right of action against the MARINA, its agents,rorabrlity,
<br /> employees,it is because the parties deliberately intend that there shall be a shifting of risks and benefits and all allocation of rights and
<br /> liabilities between the OWNER and MARINA,by mutual agreement. It is agreed that if the MARINA were to assume more or different
<br /> risks and liabilities than are innumerate in this contract, or if there were fewer or different conditions and restrictions,etc.,herein,the
<br /> MARINA would necessarily have to increase substantially the charges made against the OWNER and restrict
<br /> berths to a I' the rental
<br /> united number of vessels. By accepting this contract in accordance with its terms,the OWNER has opted fora lower rather
<br /> than higher rates and for broader scope of MARINA use in order to include his Vessel among the classes to which the MARINA is
<br /> available. The OWNER,therefore, stipulates that there is thus valuable and useful consideration for the specific restrictions,conditions,
<br /> waivers,exonerations,etc., in favor of the MARINA hereunder,and that the same are fair and reasonable and will not cause inequity or
<br /> hardship if they are enforced against the OWNER,the Vessel,or against those in privity with them.
<br /> Nothing herein shall preclude the OWNER from making claim or bringing suit against any other vessel or person, including
<br /> vessels and their owner's p other
<br /> at MARINA,for any loss or damages caused by such other vessel or its owner,provided that the OWNER shall
<br /> not make the MARINA a party to such litigation without its expressed consent in writing. Nothing herein shall preclude any other owner
<br /> or vessel of MARINA from making claim or bringing suit against the OWNER and Vessel,or those in privity with them, for any loss or
<br /> damage caused by the OWNER, the Vessel,or those in privity with them.
<br /> The OWNER warrants and convents that neither the OWNER,the Vessel,nor anyone in privity with either,wilt make any claims
<br /> demands,causes of action of any kind and nature,or obtain or enforce any judgments, executions or levies thereon,directly or indirectly
<br /> I
<br /> (including subrogation-matters),against MARINA,its officers directors, agents,servants,or its employees arising out of any damage,
<br /> loss,personal injury or death suffered by them or those in privity with them or any damage, loss,personal injury or death suffered by
<br /> other vessels owners,vessels, or persons in privity with them;for which third party claims might otherwise be raised against MARINA,
<br /> etc• The OWNER and Vessel agree and covenant that they will defend,indemnify and save MARINA harmless from any and all of such
<br /> claims,demands,causes of action,judgments and executions, and the MARINA shall be entitled to responsible attorneys fees in the
<br /> event of breach of the OW'NER'S covenant hereunder.
<br /> The parties specifically stipulate that if any term, condition,rule or regulation under this agreement is as a matter of law unenforceable
<br /> written.it shall be treated as having the effect intended but only to the extent which is permissible by Iaw. To the extent that any term,
<br /> condition,rule or regulation cannot be modified so as to be made enforceable,it shall be deemed to be separable and severable from the
<br /> est of the agreement and shall not affect the validity or enforceability of the rest of the agreement. All such terms shall be construed
<br /> oadly to conform to the facts of this agreement. OWNER agrees to abide by any other posted rules and regulations available at
<br /> A'S office. OWNER agrees to pay in full all reasonable legal defense, legal costs,court costs,all costs to the MARINA in
<br /> A's defense of a legal action brought against MARINA by OWNER in which judgment is rendered in favor of MARINA.
<br /> The person who has signed above as the OWNER hereby warrants and represents that he is in fact and in Iaw the true OWNER of
<br /> the
<br /> essel,and that he has full power and right to enter into this contract for himself and for the Vessel,and that there are no restrictions of
<br /> YW upon him or the Vessel which limit or restrict his right and power to bind himself and the Vessel to each and every term and
<br /> dit ion of this contract. If the OWNER named herein is other than the person who has signed above,the person who signed above
<br /> "'by Warrants and represents that he is in fact and law duly authorized in all respects to act for the OWNER or OWNERS of the
<br /> essel,that his signature above in
<br /> fact and in law will bin
<br /> orate sd the OWNER and OWNERS of the Vessel and the Vessel itself that any
<br /> seal affixed as O
<br /> es(neate s of WNER's seal is in fact the OWNER's seal and was properly placed upon his contract,and that there are no
<br /> any kind upon the OWNER of the Vessel which limit or restrict his signature from binding the OWNER and the Vessel to
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