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8.A. - Page 10
<br /> (b) Water
<br /> City reserves the right to terminate water services to the Slip at any time if, in its own
<br /> judgment, City determines that water privileges have been or are being abused. All
<br /> water hoses shall have an automatic shut-off nozzle. Licensee shall not leave water
<br /> hose unattended and shall remove water hose from faucet immediately after usage.
<br /> Under no circumstances shall the back flow device be modified or tampered with. Any
<br /> violation of water privileges by Licensee shall constitute a default under this Agreement
<br /> and City may, at its option, charge Licensee a reasonable sum for the use of the water,
<br /> turn the water off, terminate this Agreement upon then (10) days' notice, and/or take
<br /> such additional and/or other appropriate measures as City deems proper.
<br /> 15. Liens. City shall have and Licensee hereby grants and conveys to City a lien and security
<br /> interest in the Vessel and in all property of Licensee on or at the Vessel to secure the
<br /> performance by Licensee of the terms and conditions of this Agreement and to secure the
<br /> payment by Licensee of all services provided by City to Licensee or on behalf of the Vessel.
<br /> Notwithstanding termination of this Agreement, City shall be fully authorized to hold the
<br /> Vessel and her tackle, apparel and appurtenances and sell the same in accordance with
<br /> applicable law in the event Licensee fails to perform the terms and conditions of this
<br /> Agreement or fails to pay for services. Licensee hereby agrees that City may assign its liens
<br /> and possessory and other rights and remedies to a third party.
<br /> 16. Liability and Indemnity.
<br /> (a) Licensee, as a material part of the consideration to be rendered by City under this
<br /> Agreement, expressly agrees that vessels, marinas and areas in and around marinas
<br /> can be hazardous to both property and persons, thereby posing a substantial risk of
<br /> damage and injury to both property and persons. For example, such hazards include but
<br /> are not limited to berths, slips, falls, drowning, prop wash damage, winds, waves,
<br /> storms, fires, vessel collisions and vessel sinking.
<br /> Licensee Initials
<br /> As a result of Licensee's recognition of the risks associated with being present in or
<br /> around vessels, the Docktown Marina and its' Common Areas, Licensee expressly
<br /> agrees to assume any and all risks for, waive and exempt City and City Parties, as well
<br /> as hold harmless, indemnify and defend City and City Parties from and against, any and
<br /> all claims including subrogation by Licensee's insurer(s), against City for damages to the
<br /> Vessel or its appurtenances, or for injury or death to the Licensee, Licensee's family,
<br /> relatives, agents, employees, contractors, licensees, charterers, or guests that may
<br /> occur on, in or about the Vessel or the Common Areas, or arise out of or relate in any
<br /> way to the Vessel or the Common Areas. The forgoing waiver includes any and all
<br /> claims, damages or injuries that may be caused or asserted solely or partially as a result
<br /> of premises liability or the negligence of City and/or City Parties. Licensee also agrees
<br /> to hold harmless, indemnify and defend City from and against any and all claims for
<br /> damages, including subrogation, that may be asserted by any person, including
<br /> Licensee, against City and/or City Parties, including claims that City and/or City Parties
<br /> was negligent. Solely for the purpose of this Section 16 the term "Common Areas " shall
<br /> mean all areas in, on or around the Vessel, the Slip, the dock areas, the walks, floats,
<br /> gangways, restrooms, other convenience facilities, parking areas, and roads in, around
<br /> and leading to Docktown Marina and City's premises.
<br /> ATTY/AGR/2013.025/DOCKTOWN MARINA BERTHING AGREEMENT
<br /> REV:02-21-13 VR
<br /> Page 6 of 11
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