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  • Port Tarakohe Application

  • Who can use this form

    This form can be completed by applicants who wish to 

    • Apply for a casual berth or mooring at the Port Tarakohe Marina 
    • Apply for a long term berth or mooring at the Port Tarakohe Marina
    • Use storage space in the boat storage compound at Port Tarakohe

     

    Before you start

    • To submit the form you will need to complete all required questions
    • You can save your application at any time and complete it later (you will be emailed a link)
    • You will need to upload a valid drivers licence.
    • You will need to provide proof of current insurance
    • You will need to provide a current Electrical Warrant of Fitness (EWoF) -if requesting to connect to on shore power

  • Need help?

    03 5258174
    port.tarakohe@tasman.govt.nz

     

  • Get started

  • Casual Berth/Mooring

    This form can be completed by applicants for a casual berth or mooring at the Port Tarakohe Marina.

    "Casual” berth or mooring means renting it for less than one month (or such other period as Council may agree).

    Applicants wishing to use a berth or mooring for one month or more must complete a Long-Term Berth/Mooring Licence Application Form.

    For assistance or more information: 

    Email the Port Team or call 03 525 8174

  • Long Term Berth/Mooring


    This form can be completed by applicants for a berth or mooring for one month or more at the Port Tarakohe Marina. Less than one month is regarded as “casual” and you should instead complete a Casual Berth/Mooring Rental Agreement.

    For assistance or more information: 

    Email the Port Team or call 03 525 8174

  • Boat Storage Compound


    This form can be completed by applicants who wish to use storage space in the boat storage compound at Port Tarakohe.

    For assistance or more information: 

    Email the Port Team or call 03 525 8174

  • Applicant Details

  • Provide full legal name(s) of the owner(s) of the vessel named below, including partner or trustee names plus firm/trust name (if applicable). Please select one of the following:

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  • Vessel Details

  • If connecting to power please upload a current EWoF.

    A current Electrical Warrant of Fitness (EWoF) is required for all vessels that wish to connect to on shore power. A copy must be provided with this application form. A picture of the EWOF sticker showing valid dates is acceptable.

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  • Insurance Details

  • Please upload a certificate of currency of insurance.

    The applicant must provide proof of current insurance with this application.

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  • Liveaboards

  • You may not live aboard the vessel (i.e. sleep overnight for 3 nights or more) in the Marina without Council’s prior written consent. Each relevant individual must be named and you may be asked to leave the Marina if you do not have such consent. Council may undertake reference checks on each named person, including contacting previous marinas you have stayed at.

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  • Commercial Operations

  • Rental details

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  • Long Term Berth/Mooring

    Terms of application

     

    The applicant named above applies for a licence to use a berth or mooring at TDC’s Port Tarakohe Marina for the purpose of berthing or mooring the boat named in this application. Tasman District Council has sole discretion whether or not to accept your application and/or ask for additional information to support your application. If Council accepts your application, it will notify you and provide you with a Marina Berth/Mooring Licence for execution. 

     

    You will not be able to use a berth or mooring until the executed licence has been returned to Council.

     

    By signing this application, you:

    • warrant that you own the named boat and that all the details provided in this application form are true and correct as at the
      date of this application;
    • permit Council to undertake reference checks on you and each person named in the “Liveaboard” section above (if applicable);
    • warrant that there is appropriate fire suppression on the named boat;
    • authorise Council to make enquiries using the above information andacknowledge that this may include disclosure of the information to credit reporting agencies, employers, accountants, or any other parties Council deems necessary for the purpose of this application.
    • warrant that neither you nor any other person named in the “Liveaboard” section above (if applicable) has been convicted in the last 10 years of an offence punishable by more than three years imprisonment (unless the person is an eligible individual for the purposes of the Criminal Records (Clean Slate) Act 2004), and
    • permit TDC to undertake a Criminal Conviction History check on you and will obtain the permission of any other person named in the “Liveaboard” section above (if applicable) for TDC to undertake such a check on that person. 

     


    Please note: If this application is successful all invoices are due on the 20th of the following month and any expense incurred by the Council in the course of recovering outstanding debts will be payable by the Applicant.
     

  • Casual Berth/Mooring

    Terms and conditions

    The applicant named above applies for a licence to use a casual berth or mooring at Port Tarakohe Marina for the purpose of berthing or mooring the boat named in this application. Tasman District Council has sole discretion whether or not to accept your application and/or ask for additional information to support your application. If Council accepts your application, it will notify you and the terms and conditions of the Rental Agreement will apply. 

     

    By signing this application, you:

    • warrant that you own the named boat and that all the details provided in this application form are true and correct as at the
      date of this application;
    • permit Council to undertake reference checks on you and each person named in the “Liveaboard” section above (if applicable);
    • acknowledge that you have read and understood the terms of the attached Rental Agreement and Marina Rules;
    • accept the terms of the Rental Agreement should this application be accepted.
    • authorise Council to make enquiries using the above information and acknowledge that this may include disclosure of the information to credit reporting agencies, employers, accountants, or any other parties Council deems necessary for the purpose of this application.

     

    Please note: If this application is successful all invoices are due the 20th of the following month and any expense incurred by the Council in the course of recovering outstanding debts will be payable by the Applicant.

     

  • Boat Storage/Compound

    Terms and conditions

    The applicant named above applies for a right to use the boat storage compound at Port Tarakohe for the purpose of storing the vessel named in this application. Tasman District Council has sole discretion whether or not to accept your application and/or ask for additional information to support your application. If Council accepts your application, it will notify you and the terms and conditions of the Rental Agreement will apply to your use of the boat storage compound.

    By signing this application, you:

    • warrant that all the details provided in this application form are true and correct as at the date of this application;
    • warrant that there is appropriate fire suppression on the named boat;
    • acknowledge that you have read and understood the terms of the attached Rental Agreement and Marina Rules;
    • accept the terms of the Rental agreement should this application be accepted.
    • authorise Council to make enquiries using the above information and acknowledge that this may include disclosure of the information to credit reporting agencies, employers, accountants, or any other parties Council deems necessary for the purpose of this application.

     

    Please note: If this application is successful all invoices are due the 20th of the following month and any expense incurred by the Council in the course of recovering outstanding debts will be payable by the Applicant.

  • The signatory personally represents and warrants that he/she/it has the right, power and authority to sign this application form on behalf of the applicant. Electronic signatures are acceptable.

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  • Privacy information

    Council's Privacy Policy applies to the collection, use and disclosure of personal information. Read more here.

  • Casual berth/mooring rental agreement terms and conditions:

     

     1. Grant of Licence
    1.1 By counter-signing the attached application form, TDC grants to the person named in such form ("you", "your") a right to use an allocated berth or mooring at Port Tarakohe Marina (the Marina), as specified by TDC from time to time (the Berth/Mooring) on the terms and conditions set out in this rental agreement (the Agreement) and you accept such grant
    1.2 References to “TDC” in this Agreement means Tasman District Council and includes, where appropriate, TDC’s Port Manager (or someone acting in that role) and other TDC authorised representative(s).
    1.3 The Marina Rules (the Rules) form part of this Agreement. The Rules are published on www.tasman.govt.nz and are available on request from the Port Manager and may be displayed on signs located on or about the Port. The Rules may be updated, replaced, or varied from time to time by TDC. In the event of inconsistency between the Rules and the rest of this Agreement, the terms of this Agreement prevail.
    1.4

    You agree to be bound by and strictly comply with, and ensure that all of your agents, contractors, employees and invitees (your Representatives) at all times strictly comply with:


    (a) the Rules and the terms of this Agreement;
    (b) all access routes or restrictions designated by TDC from time to time; and
    (c) all lawful directions, instructions, or signage issued by TDC (provided they are not inconsistent with the terms of this Agreement).
    1.5 This Agreement binds each person named in the attached application form jointly and severally.
    2. Term and Termination
    2.1 Except as set out below, this Agreement starts on the Commencement Date and ends on the End Date (as set out in the attached application form) or such other date as may have been agreed between the parties.
    2.2 Either party may terminate this Agreement at any time by giving at least 24 hours' written notice (which may include email) to the other party.
    2.3 Without limiting TDC’s rights or remedies, if TDC permits you to continue using the Berth or Mooring after the End Date, any such use be will on a holding over basis at TDC’s prevailing daily rental fee and will be terminable in accordance with clause 2.2.
    2.4

    On expiry or termination of this Agreement:

    (a) You must immediately: (i) remove the boat named in the application form (the Named Boat) and all of your other property from the Berth or Mooring (unless TDC has exercised its lien over the Named Boat or other property for unpaid amounts pursuant to clause 3.4); and (ii) remove all rubbish and clean and repair any damage to the Berth/Mooring and Marina to TDC’s satisfaction. If you fail to do so, TDC may take whatever action itself that it considers necessary at your cost;

    (b) TDC will refund to you any rental fees you have paid in advance (less any amount owed by you to TDC) if TDC terminates this Agreement prior to the End Date and you are in full compliance with your obligations under this Agreement (including paragraph (a) above). In all other circumstances, TDC is not required to refund and may retain any Rental Fees paid in advance.
    3. Rental Fees
    3.1 You will pay the rental fee (and any other applicable fees and charges) to TDC on a daily basis, unless agreed otherwise with TDC.
    3.2

    TDC may adjust the rental fee and any other applicable fees and charges on an annual basis and any adjusted amounts will be published in the prevailing Schedule of Fees and Charges (the Fees Schedule) on www.tasman.govt.nz.
    3.3 If your payment is late, TDC may require you to pay interest at the interest rate set out in the prevailing Fees Schedule (and if no such rate is specified then at the interest rate which is 5% above the overdraft rate charged by TDC’s principal bankers at the relevant due date on any amount not paid when due), from the due date for payment until the date of actual payment. You are liable for all costs and expenses incurred by TDC in recovering any amount you owe (or otherwise enforcing this Agreement), together with interest on such sums at the rate specified above.
    3.4 TDC has a lien over any vessel (or other property) located at the Berth/Mooring or the Marina for all amounts payable by you under this Agreement. If any amount is more than 14 days in arrears and you do not make payment in full within a further period specified in a notice from TDC, TDC may sell or otherwise dispose of such vessel and/or other property as TDC sees fit and apply the proceeds of such sale or disposal towards satisfaction of all amounts owed by you and TDC’s costs in exercising its rights under this clause, returning the balance (if any) to you. If a common law or statutory lien applies, nothing in this clause will exclude the application of such lien and TDC may elect to exercise its rights under such lien in addition to or instead of its rights under this clause.
    4. Use of Berth/Mooring
    4.1 You may only use the Berth or Mooring for the purpose of berthing/mooring the Named Boat (or such other vessel as TDC may approve in writing).
    4.2

    You may, in common with other permitted users in the Marina:

    (a) make fast the Named Boat to the allocated berth structures or moorings; and
    (b) access and use the common waterways and pathways of the Marina, in accordance with this Agreement.
    4.3 You may use the water, power, and any other resources and facilities forming part of the Marina in common with other permitted users. If TDC determines in its discretion that any such use is excessive or unusually high (including by comparison with other berth or mooring users), TDC may charge such sum as it considers appropriate for such use, separate from and in addition to the Rental Fee.
    4.4 You may not make any alterations or additions to the Berth or Mooring or adjacent structures.
    4.5 This Agreement is personal to you for the berthing or mooring of the Named Boat only and you must not without TDC’s prior written consent permit any other person to use the Berth or Mooring nor assign, sublet, transfer, or otherwise part with or dispose, mortgage or grant a security interest in or over, your rights under this Agreement. For clarity, if you sell the Named Boat this Agreement ends, and the new owner of the Named Boat will have no berthing or mooring rights unless they submit a new application to TDC for berthing or mooring rights and that application has been approved.
    4.6 You acknowledge and agree that your rights are contractual only and you are not entitled to any proprietary right or interest in any real or personal property (including the Berth/Mooring, any water space or any part of the airspace or seabed above or below the Berth/Mooring or Marina).
    5. TDC’s rights
    5.1 TDC may, and you irrevocably authorise TDC to, enter the Berth/Mooring and/or the Named Boat (whether or not you are present) and move or remove or carry out repairs to the Named Boat (or any other property) in order to prevent any loss or damage to any property, in an emergency situation (as reasonably determined by TDC) or if you fail to promptly comply with any of your obligations under this Agreement. TDC will not be liable for, and you indemnify TDC against, any actions, claims, demands, losses, costs and expenses incurred in, or resulting (whether directly or indirectly) from, the exercise of the powers contained in this clause 5.1 except to the extent caused by TDC's negligence.
    5.2 TDC may at any time require you to move the Named Boat to a different berth or mooring within the Marina, as allocated by TDC. You will promptly comply with any such requirement
    5.3

    TDC generally operates surveillance devices for the purpose of protecting the safety and security of TDC 's property and that of its customers or third parties and/or assisting in the investigation and/or prosecution of any illegal act or any breach of this Agreement.
    TDC's Privacy Policy (published on www.tasman.govt.nz and which may be amended from time to time) applies to TDC's collection, use and disclosure of any personal information about you (or any of your Representatives).
    6.

    Insurance

    You must at all times hold and maintain (and on request promptly provide TDC with evidence of the currency of): (i) material damage insurance for the Named Boat and your other property at the Marina against all usual risks; and (ii) public liability insurance of at least $5m.
    7. Liability and Indemnity
    7.1 Your access to and use of the Berth or Mooring is on an “as is where is" basis. You use and access the Berth/Mooring and Marina at your own risk. TDC does not provide security services and gives no representation as to the adequacy or otherwise of the Berth/Mooring, Marina or its facilities. Subject to clause 7.3, TDC has no liability whatsoever for any loss or damage to the Named Boat or any other property of yours or any other person using the Marina, except to the extent caused by TDC's negligence.
    7.2 In any event, TDC’s liability is limited to the aggregate Rental Fees paid by you in the month preceding the relevant event. Subject to clause 7.3, in no circumstances will TDC be liable (whether in contract, tort or otherwise) for any indirect or consequential loss or for any loss of profit, loss of revenue, loss of goodwill, loss of opportunity or economic loss (in each case whether direct or indirect and whether or not TDC was or should have been aware of the likelihood of such loss).
    7.3 Nothing in this Agreement is intended to exclude the application of any applicable law which cannot be excluded by contract (including the Consumer Guarantees Act 1993 (unless you use the Berth/Mooring in trade in which case the parties agree that none of the rights and remedies under that Act will apply) and the Fair Trading Act 1986).
    7.4 You indemnify TDC against any loss, expense, liability, actions, claims, demands and costs reasonably incurred by TDC arising as a result of your, or your Representatives, acts or omissions (except to the extent caused by TDC's negligence).
    8. General
    8.1 This Agreement is to be interpreted in accordance with New Zealand law and governed by the jurisdiction of the New Zealand courts.
    8.2 This Agreement (including the Rules) constitutes the entire agreement of the parties about its subject matter and any previous agreements, arrangements, understandings, representations and negotiations on that subject matter cease to have effect.
    8.3 If any part of this Agreement is held by a court or administrative body of competent jurisdiction to be illegal, void or unenforceable, such determination will not impair the enforceability of the remaining parts of this Agreement.
    8.4 No waiver of any breach of, or failure to enforce any provision of this Agreement at any time by TDC will in any way limit TDC's rights
    8.5 TDC may at any time transfer any or all of its rights and obligations under this Agreement to any subsequent operator of the Marina.
    8.6 Whenever TDC’s consent or approval is required in connection with this Agreement, such consent or approval may be given conditionally or unconditionally or withheld by TDC in its absolute discretion and, if given, may only be given in writing (which may include email).

  • Boat storage compound agreement terms and conditions:

     

     1. Grant of Licence
    1.1 By counter-signing the attached application form, TDC grants you a right to use allocated space as specified by TDC from time to time (Storage Space) in the boat storage compound (the Compound) at Port Tarakohe (the Port), on the terms and conditions set out in this rental agreement (the Agreement) and you accept such grant.
    1.2 References to “TDC” in this Agreement means Tasman District Council and includes, where appropriate, TDC’s Port Manager (or someone acting in that role) and other TDC authorised representative(s).
    1.3

    The Marina Rules (the Rules) form part of this Agreement to the extent that you use the Marina. The Rules are published on www.tasman.govt.nz and are available on request from the Port Manager and may be displayed on signs located on or about the Port. The Rules may be updated or varied from time to time by TDC. In the event of inconsistency between the Rules and the rest of this Agreement, the terms of this Agreement prevail.
    1.4

    You agree to be bound by and strictly comply with, and ensure that all of your agents, contractors, employees, and invitees (Representatives) at all times strictly comply with:


    (a) the Rules and the terms of this Agreement;
    (b) all access routes or restrictions designated by TDC from time to time; and
    (c) all lawful directions, instructions, or signage issued by TDC (provided they are not inconsistent with the terms of this Agreement).
    1.5 This Agreement binds each person named in the attached application form jointly and severally.
    2. Term and Termination
    2.1 This Agreement starts on the Commencement Date, as specified in the attached application form, and unless an end date has expressly been agreed between the parties, will continue on a rolling over basis until terminated in accordance with this Agreement
    2.2

    Either party may terminate this Agreement at any time by giving written notice (which may include email) to the other party. The period of notice required relates to whether the rental fee is being charged on a weekly, monthly, or annual basis, as follows:
    2.3 If you do not occupy the Storage Space for a period exceeding six months, TDC may terminate this Agreement on 30 days’ written notice unless you’ve obtained the Port Manager’s prior written consent to leave it empty for such a period.
    2.4 TDC may terminate this Agreement on notice with immediate effect in the event of a material breach of this Agreement.
    2.5

    On expiry or termination of this Agreement (for whatever reason):

    (a) you must immediately: (i) remove the boat named in the application (the Named Boat) and all of your other property from the Compound (unless TDC has exercised its lien over the Named Boat or other property for unpaid amounts pursuant to clause 3.4); and (ii) remove all rubbish and clean and repair any damage to the Compound or Port to TDC’s satisfaction. If you fail to do so, TDC may take whatever action itself that it considers necessary at your risk and cost;

    (b) TDC will refund to you any rental fees you have paid in advance (less any amount owed by you to TDC) if TDC terminates this Agreement early and you are in full compliance with your obligations under this Agreement (including paragraph (a) above). In all other circumstances, TDC is not required to refund and may retain any fees paid in advance.
    3. Rental Fees
    3.1

    You will pay the rental fee (and any other applicable charges) to TDC as follows:
    3.2 The rental fee is payable whether or not you utilise the Storage Space, until the expiry or termination of this Agreement.
    3.3

    TDC may adjust the rental fee and any other applicable fees and charges on an annual basis and any adjusted fees will be published in the prevailing Schedule of Fees and Charges (the Fees Schedule) on www.tasman.govt.nz
    3.4 If your payment is late, TDC may require you to pay interest at the interest rate set out in the Fees Schedule (and if no such rate is specified then at the interest rate which is 5% above the overdraft rate charged by TDC’s principal bankers at the relevant due date on any amount not paid when due), from the due date for payment until the date of actual payment. You are liable for all costs and expenses incurred by TDC in recovering any amount you owe (or otherwise enforcing this Agreement), together with interest on such sums at the rate specified above.
    3.5 TDC has a lien over any vessel (or other property) located in the Compound for all amounts payable by you under this Agreement. If any amount is more than 14 days in arrears and you do not make payment in full within a further period specified in a notice from TDC, TDC may sell or otherwise dispose of such vessel and/or other property as TDC sees fit and apply the proceeds of such sale or disposal towards satisfaction of all amounts owed by you and TDC’s costs in exercising its rights under this clause, returning the balance (if any) to you. If a common law or statutory lien applies, nothing in this clause will exclude the application of such lien and TDC may elect to exercise its rights under such lien in addition to or instead of its rights under this clause.
    4. Use of Compound
    4.1 You may only use the Storage Space for the purpose of storing the Named Boat (or such other vessel as TDC may approve in writing). You warrant that you own the Named Boat.
    4.2

    You may, in common with other permitted users of the Compound:

    (a) store the Named Boat in the Storage Space; and
    (b) access and use the common waterways and pathways at the Port, in accordance with this Agreement. You will ensure that gates into the Compound are kept closed and locked (except when in use).
    4.3 You may use the water, power, and any other resources and facilities forming part of the Port in common with other permitted users. If TDC determines in its discretion that any such use is excessive or unusually high (including by comparison with other users), TDC may charge such sum as it considers appropriate for such use, separate from and in addition to the rental fee.
    4.4 You may not store anything that is alive, dangerous, hazardous, illegal, stolen, flammable, explosive, environmentally harmful, perishable, or anything that may cause a risk to the Compound, Port, or any property at the Port
    4.5 You must not undertake any maintenance or repair work on the Named Boat or other property in the Compound without the Port Manager’s prior consent or use the Storage Space for any unlawful purpose or conduct any business or activities from the Storage Space or make any alterations or additions to the Compound or any structures at the Port.
    4.6 You may not, without TDC's prior written consent, permit any other person to use the Storage Space nor assign, sublet, transfer or otherwise part with or dispose of, mortgage, or grant a security interest in or over, your rights under this Agreement. If you sell the Named Vessel, this Agreement will end and the new vessel owner must submit a new application to TDC.
    4.7 This Agreement is not a lease or tenancy and you acknowledge and agree that your rights are contractual only and you are not entitled to any proprietary right or interest in any real or personal property in the Compound or Port.
    5. TDC’s rights
    5.1 TDC may, and you irrevocably authorise TDC to, enter the Storage Space and/or the Named Boat (whether or not you are present) and move or remove or carry out repairs to the Named Boat (or any other property) in order to prevent any loss or damage to any property, in an emergency situation (as reasonably determined by TDC) or if you fail to promptly comply with any of your obligations under this Agreement. TDC will not be liable for, and you indemnify TDC against, any actions, claims, demands, losses, costs and expenses incurred in, or resulting (whether directly or indirectly) from, the exercise of the powers contained in this clause 5.1 except to the extent caused by TDC's negligence.
    5.2 TDC may at any time require you to move the Named Boat to a different space within the Compound, as allocated by TDC. You must promptly comply with any such requirement.
    5.3 TDC generally operates surveillance devices for the purpose of protecting the safety and security of TDC 's property and that of its customers or third parties and/or assisting in the investigation and/or prosecution of any illegal act or any breach of this Agreement. TDC 's Privacy Policy (published on www.tasman.govt.nz and as may be amended from time to time) applies to TDC's collection, use and disclosure of personal information.
    6. Insurance
    6.1 You must at all times hold and maintain, and on request promptly provide TDC with evidence of the currency of: (i) material damage insurance for the Named Boat and your other property at the Port against all usual risks; and (ii) public liability insurance of at least $5m.
    7. Liability and Indemnity
    7.1 Your access to and use of the Compound is on an “as is where is" basis. You use and access the Compound at your own risk. TDC does not provide security services or safekeeping or any other services and gives no representation as to the adequacy or otherwise of the Storage Space, Compound, or other facilities at the Port. Subject to clause 7.3, TDC has no liability whatsoever for any loss or damage to the Named Boat or any other property of yours or any other person using the Compound or Port, except to the extent caused by TDC's negligence. 
    7.2 In any event, TDC’s liability is limited to the aggregate rental fees paid by you in the 3 months preceding the relevant event. Subject to clause 7.3, in no circumstances will TDC be liable (whether in contract, tort or otherwise) for any indirect or consequential loss or for any loss of profit, loss of revenue, loss of goodwill, loss of opportunity or economic loss (in each case whether direct or indirect and whether or not TDC was or should have been aware of the likelihood of such loss).
    7.3 Nothing in this Agreement is intended to exclude the application of any applicable law which cannot be excluded by contract (including the Consumer Guarantees Act 1993 (unless you use the Port in trade in which case the parties agree that none of the rights and remedies under that Act will apply) and the Fair Trading Act 1986).
    7.4  You indemnify TDC against any loss, expense, liability, actions, claims, demands and costs reasonably incurred by TDC arising as a result of your, or your Representatives, acts or omissions (except to the extent caused by TDC's negligence).
    8.  Health and Safety
    8.1  You agree and undertake to ensure so far as is reasonably practicable the health and safety of all workers and other persons whose activities are influenced or directed by you and to undertake all activities in strict compliance with the Health and Safety at Work Act 2015 and all other applicable law and TDC's health, safety, security and environmental directions, instructions, policies and procedures
    8.2

    You must immediately notify the Port Manager:


    (a) of any personal injury or property damage, or any incident exposing any person to a serious risk to their health or safety, caused by the Boat or by any of your or your Representatives’ acts or omissions (in addition to complying with any applicable law or legal requirement);

    (b) if you identify any actual or potential health and safety hazard in the Compound (or anywhere at Port Tarakohe), whether due to your activities or not.
    9. General
    9.1 This Agreement is to be interpreted in accordance with New Zealand law and governed by the jurisdiction of the New Zealand courts.
    9.2 This Agreement (including the Rules) constitutes the entire agreement of the parties about its subject matter and any previous agreements, arrangements, understandings, representations and negotiations on that subject matter cease to have effect.
    9.3 If any part of this Agreement is held by a court or administrative body of competent jurisdiction to be illegal, void or unenforceable, such determination will not impair the enforceability of the remaining parts of this Agreement.
    9.4 No waiver of any breach of, or failure to enforce any provision of this Agreement at any time by TDC will in any way limit TDC's rights.
    9.5 TDC may at any time transfer any or all of its rights and obligations under this Agreement to any subsequent operator of the Port.
    9.6 Whenever TDC’s consent or approval is required in connection with this Agreement, such consent or approval may be given conditionally or unconditionally or withheld by TDC in its absolute discretion and, if given, may only be given in writing (which may include email).

  • Long Term Berth/Mooring

    Terms of application

    PARTIES:

    1. TASMAN DISTRICT COUNCIL, a local authority whose registered office is at 189 QueenStreet,
      Richmond, Tasman 7050 (the Licensor)
    2. THE LICENSEE, the person(s) identified below as such in the Key Details (the Licensee)

    BACKGROUND:

    1. The Licensor owns and operates Port Tarakohe, Golden Bay.
    2. The Licensee has agreed to take a licence of a berth or mooring in the marina at Port Tarakohe.
    3. The Licensor and the Licensee have entered this licence setting out their respective rights,
      agreements, and obligations

     

     

    Long Term Licence terms:

    1. Definitions and Interpretation
    1.1 Definitions: In this Licence the following terms have the following meanings, unless the context requires otherwise:
      Annual Fee the annual fee payable by the Licensee to the Licensor as specified in the Key Details for the Initial Term and as may be varied by the Licensor in accordance with clause 6.2;
      Berth the berth (if relevant) identified in the Key Details (or such other berth as may be allocated by the Licensor from time to time in accordance with this Licence);
      Commencement Date the commencement date specified in the Key Details;
      Default Interest Rate the relevant rate of interest set out in the Fees Schedule (or if no such rate is specified, then at the interest rate which is 5% above the overdraft rate charged by TDC’s principal bankers at the relevant due date on any amount not paid when due);
      Initial Term the period specified in the Key Details;
      Extended Term the period defined in clause 3.1;
      Fees Schedule  the prevailing Schedule of Fees and Charges set by the Licensor published on www.tasman.govt.nz, and as may be varied, updated, or replaced from time to time by the Licensor. A copy of the Fees Schedule is available on request from the Port Manager;
      Key Details  the specific details relevant to the Licensee and this Licence, as set out at the beginning of this document;
      Licence  this licence which includes the Key Details, the Rules, and all other relevant documents referred to in this Licence or the Rules, which may be updated from time to time by the Licensor;
      Marina  the marina development owned and operated by the Licensor at Port Tarakohe, Golden Bay;
      Mooring  the mooring (if relevant) identified in the Key Details (or such other mooring as may be allocated by the Licensor from time to time in accordance with this Licence);
      Named Boat  the boat identified in the Key Details (or such other boat as may be
    approved by the Licensor from time to time in accordance with this
    Licence);
      Port  Port Tarakohe, Golden Bay
      Port Manager  the person appointed or authorised by the Licensor to manage the Port
    (including anyone acting in that role during the Port Manager’s absence).
    The Port Manager’s contact details are set out in the Key Details (which may be updated by the Licensor from time to time);
      Rules 

    the marina rules which apply to all Port users and which can be found at www.tasman.govt.nz and/or available on request from the Port Manager,
    as may be varied, amended, or replaced from time to time by the Licensor.
     1.2 Interpretation: In the interpretation of this Licence, unless the context otherwise requires:

    (a) references to the parties include their respective executors, administrators, successors, and permitted assigns;

    (b) references to “persons” include a natural person and anybody or entity whether incorporated or not;

    (c) words in the singular include the plural and vice versa;

    (d) any obligation not to do anything includes an obligation not to suffer, permit or cause that thing to be done;

    (e) “including”, “in particular” and similar words do not imply any limitation;

    (f) headings have been inserted for convenience only and do not affect the construction of this Licence;

    (g) reference to a statute includes all legislative instruments under that statute and any statute amending, consolidating, or replacing that statute.
    1.3 Joint and Several Liability: If a party comprises more than one person then each person comprising that party is bound jointly and severally.
    2.

    Grant of Licence 

    The Licensor grants to the Licensee a licence to use the Berth or Mooring on the terms and conditions set out in this Licence and the Licensee accepts such Licence terms.
    2.1 Rolling one-year terms: The term of this Licence will initially run from the Commencement Date until the expiry of the Initial Term, after which it will be extended for successive periods of oneyear (each such period being an Extended Term), unless or until cancelled in accordance with clauses 3.2 or 16.
    2.2 Cancellation on notice: Either party may at any time cancel this Licence by giving at least one month’s written notice to the other party
    3. Rules and Variations
    3.1 Rules are binding: The Rules form part of this Licence. The Licensee must always comply with the Rules and ensure that all of its agents, contractors, employees and invitees comply with the Rules and the other terms of this Licence.
    3.2

    Variation of Rules or Licence: The Licensor may from time to time add to, vary, delete, or substitute the provisions of this Licence (including the Rules). Unless an earlier effective date is specified by the Licensor in respect of amendments required to reflect changes in applicable law, any proposed amendments to the Licence or Rules will take effect at the commencement of the next Extended Term and the Licensor will give at least three months’notice (which may be via www.tasman.govt.nz and/or email and/or signs or notices at the Marina) of such amendments.
    3.3  Licence prevails over Rules: In the event of inconsistency between the Rules and the rest of this Licence, the terms of this Licence will prevail.
    4. Use of Berth or Mooring
    4.1

    Berth or Moor the Named Boat only: The Licensee will use the Berth or Mooring for:

    (a) the purpose of berthing or mooring the Named Boat; and

    (b) any other purpose authorised by this Licence, but for no other purpose.
    4.2 Named Boat owned by Licensee: The Licensee warrants that it owns the Named Boat and that all the vessel details contained in the Key Details are correct.
    4.3 Licensor must consent to a different boat: The Licensee may seek the Licensor’s consent in writing to nominate a different boat providing that the boat so nominated complies with the terms of this Licence, and in particular fits completely within the dimensions of the Berth or Mooring.
    4.4 Notice when vacant: The Licensee must advise the Port Manager in writing of any proposed period(s) of more than 72 hours during which the Berth or Mooring will not be occupied by the Named Boat (Unoccupied Berth Period). The Licensee will use its best endeavours to give the Port Manager at least 7 days' advance notice of any Unoccupied Berth Period. The Licensor acknowledges that the timing and duration of the notified Unoccupied Berth Period may be an estimate only, provided that the Licensee will provide the Licensor with as much notice as is practicable of any changes to that estimate.
    4.5

    Casual visitor berthing: The Licensor may operate a Visitors’ Berth Pool for visiting vessels on the following basis:

    (a) the Licensor will include the Berth or Mooring in the Visitors’ Berth Pool during any Unoccupied Berth Period. The Licensee may not use the Berth or Mooring during the Unoccupied Berth Period without the Licensor's prior written consent (noting that the Licensor must grant such consent where the Berth or Mooring is not booked or otherwise occupied by a visiting vessel). The Licensee acknowledges that the Berth or Mooring may not be available for use by the Licensee during the Unoccupied Berth Period first notified to the Port Manager, despite any subsequent change to the Unoccupied Berth Period notified by the Licensee;

    (b) the Licensor may, at its discretion, from time to time allocate berths forming part of the Visitors’ Berth Pool to visiting boats and charge such visitors a fee determined by the Licensor.
    5. Annual Fee and other charges
    5.1 Pay in advance instalments: The Licensee will pay the Annual Fee to the Licensor by instalments in advance in accordance with the Key Details. All other applicable charges are set out in the Fees Schedule and are payable by the Licensee to the Licensor in addition to the Annual Fee.
    5.2 Adjustments: The Annual Fee payable by the Licensee with respect to the Initial Term is specified in the Key Details and, thereafter, the Annual Fee and all other charges will be set annually by the Licensor and published in the Fees Schedules and apply on and from the commencement of each succeeding Extended Term or such other period as the Licensor may specify.
    6. Port Manager
    6.1 Port Manager can act for Licensor: The Licensor is entitled to appoint from time to time a Port Manager to perform on behalf of the Licensor some or all the obligations, and/or exercise on behalf of the Licensor some or all of the rights, of the Licensor under this Licence.
    6.2 Comply with instructions: The Licensee must strictly obey all lawful directions, instructions, guidelines or signage issued by the Licensor or the Port Manager (provided they are not inconsistent with the terms of this Licence).
    6.3

    Criminal Conviction History checks: The Licensee:

    (a) warrants that neither the Licensee nor any other person named in the “Liveaboard” section above (if applicable) has been convicted in the last 10 years of an offence punishable by more than three years imprisonment (unless the person is an eligible individual for the purposes of the Criminal Records (Clean Slate) Act 2004); and

    (b) authorises the Licensor to undertake a Criminal Conviction History prior or at any time during the Licensee’s visitation at the port for any of the persons named in the “Liveaboard” section (if applicable).
     7. Assignment / Subletting
    7.1 Assignment/subletting prohibited: This Licence is personal to the Licensee for the berthing or mooring of the Named Boat only and the Licensee must not assign, sublet, transfer, or otherwise part with or dispose of, mortgage, or grant a security interest in or over, the Licencee’s rights under this Licence. For clarity, if the Licencee sells the Named Boat this Licence ends, and the new owner of the Named Boat will have no berthing or mooring rights until they submit a new application for berthing or mooring rights to the Licensor and that application has been approved.
    7.2 Change in management/control: For the purposes of this clause 8, if the Licensee or one ofthe persons comprising the Licensee is a body corporate, any change in effective management or control of the body corporate (for example, a change in the directorship or shareholding of the company) is deemed to be an assignment of this Licence. 
    7.3 No encumbrances: The Licensee must not mortgage, grant a security interest in or over or otherwise encumber its interest under this Licence.
    7.4 Subsequent operators: The Licensor may at any time transfer any or all its rights and obligations under this Licence to any subsequent operator of the Marina.
    8. Nature of Rights Granted by this Licence
    8.1 Licence only: The parties acknowledge that this document grants a licence and not a lease. The legal right to possession and control in relation to the Berth or Mooring remains with the Licensor, although the Licensee enjoys the occupation rights granted by this Licence.
    8.2 No proprietary rights: The Licensee is not entitled to any proprietary right or interest in any real or personal property (including the Berth or Mooring, any water space or any part of the airspace or seabed above or below the Berth or Marina).
    8.3

    CCTV cameras may be used: The Licensor operates surveillance devices for the purpose of protecting the safety and security of the Licensor’s property and that of its customers or third parties and/or assisting in the investigation and/or prosecution of any illegal act or any breach of this Licence. The Licensor’s Privacy Policy (which is published on www.tasman.govt.nz, as may be amended from time to time) applies to the Licensor’s collection, use and disclosure of any personal information about the Licensee (and any of its agents, employees, and invitees).
    9. Water Space and Access
    9.1 Use of water space:This Licence relates only to the allocated water space of the Berth or Mooring.
    9.2

    Right to moor boat and access: This Licensee has the right, in common with all other licensees of berths or moorings in the Marina, to:

    (a) make fast to the allocated berth structures or moorings in the Marina; and

    (b) access and use the common waterways and pathways of the Marina, in accordance with this Licence. The Licensee will comply with any access routes or restrictions designated by the Licensor from time to time.
    10. Moving Named Boat and Vacation of Berth or Mooring
    10.1 Licensor may enter/move boat: The Licensor (and the Port Manager) are entitled to enter the Berth or Mooring and/or the Named Boat (whether or not the Licensee is present) and to move or remove or carry out repairs to the Named Boat (or any other property), in order to prevent any loss or damage to any property, in an emergency situation (as reasonably determined by the Licensor) or if the Licensee fails to promptly comply with any of its obligations under this Licence. In such circumstances the Licensor (and the Port Manager) are deemed to be authorised by the Licensee to so enter and act. The Licensor will not be liable for, and the Licensee indemnifies the Licensor and the Port Manager against, any actions, claims, demands, losses, costs, and expenses incurred in, or resulting (whether directly or indirectly) from, the exercise of the powers contained in this clause 11.1 except to the extent caused by the Licensor's negligence.
    10.2

    Vacation of Berth or Mooring: The Licensor (and the Port Manager) may at any time require the Licensee to vacate the Berth or Mooring either on a temporary or permanent basis and to take up another suitable berth or mooring within the Marina. In such event:

    (a) the Licensor/Port Manager must take all such steps as are reasonably practicable (having regard to the period of relocation) to ensure that the new berth or mooring is similar in size and location as the Berth or Mooring;

    (b) neither the Licensor nor the Port Manager will be liable in any manner whatsoever to the Licensee or any other person in respect of the change of Berth or Mooring;

    (c) the terms of this Licence will apply to the new berth or mooring; and

    (d) the Licensee will promptly vacate the Berth or Mooring and move the Named Boat to the new berth or mooring stipulated by the Licensor/Port Manager. Clause 16.3(a) will apply as if the Licence of the Berth or Mooring had been cancelled.
    11. 

    Alterations to Berth or Mooring

    The Licensee must not make any alterations or additions to the Berth or Mooring or adjacent structures without the prior written consent of the Licensor.
    12.

    Use of Resources and Facilities

    The Licensee may use the water, power and any other resources and facilities forming part of the Marina in common with any other berth and mooring licensees from time to time. Where the Licensor determines in its discretion that any such use is excessive or unusually high (including by comparison with other licensees), the Licensor is entitled to charge such sum as it considers appropriate for such use, separate from and in addition to the Annual Fee.
    13. Notification of Licensee’s Address
    13.1 Notify address changes: The Licensee must always keep the Licensor informed of any change to the current address of the Licensee, or alternatively, the name and address of any agent to whom the Licensee grants unlimited authority to act for the Licensee in all matters concerned with or arising out of the Licence.
    13.2 Licensor may deal with agents: Where the Licensee has appointed an agent then the Licensor and the Port Manager are entitled to deal with that agent in all respects as if the agent were the Licensee and the Licensee will be bound accordingly.
    13.3 Joint Licensee must appoint agent: If the Licensee comprises more than one person, then all those persons comprising the Licensee must appoint one of their number or some other person to be their agent as set out in clause 14.1 and in default of any such appointment the first named person in the description of the Licensee in the Key Details is deemed to be the agent of all such persons comprising the Licensee in terms of clause 14.1.
    14. Insurance
    14.1 Licensee must insure: The Licensee must always keep all boats, craft and other property owned or brought into the Marina by the Licensee and/or invitees of the Licensee, fully insured while within the confines of or near to the Marina against loss or damage by fire, explosion, storm, tempest, typhoon, earthquake, accidental damage, burglary, act of God and all other usual maritime risks.
    14.2 Do not void Licensor insurance: The Licensee must not do or allow anything to be done which renders any insurance effected by the Licensor void or voidable. If the Licensee does, or permits or fails to do, anything that may result in an increased or extra premium becoming payable by the Licensor, the Licensee must pay such increased or extra premium.
    14.3 Public liability insurance: The Licensee must also effect public liability insurance of such sum as the Licensor may from time to time require (and initially as set out in the Key Details) in respect of all loss or damage to the property of others arising out of the use of the Named Boat within the Marina or occupation of the Berth or Mooring, such policy to cover the owner and the master of the boat against liability for claims by the Licensor or by third parties in respect of such loss or damage. The Licensee must provide proof of such cover to the Licensor (or the Port Manager) prior to the Commencement Date and thereafter upon request by the Licensor or the Port Manager.
    15. Cancellation
    15.1

    Default cancellation: The Licensor may cancel this Licence if any of the following default events occur in respect of the Licensee and are not remedied within 10 working days (or such longer period as the Licensor may specify in the notice) from the date on which the Licensor gives notice of such default event to the Licensee:

     

    (a) the Licensee breaches any of its obligations under this Licence or any other agreement between the parties;

    (b) the Licensee suffers any insolvency event (including committing an act of bankruptcy; being adjudicated bankrupt; the appointment of any receiver, liquidator, administrator, or statutory manager; the entry into any assignment, arrangement or composition for the benefit of creditors generally; or an inability to pay debts as they fall due);

    (c) the Licensee ceases to own the Named Boat, or otherwise hold all necessary rights to operate and use the Named Boat;

    (d) the Licensee, if an individual (or, if the Licensee comprises more than one individual, any such individual), dies or is subject to an order under the Protection of Personal and Property Rights Act 1988; or

    (e) if a Criminal Conviction History check identifies that the Licensee any other person named in the “Liveaboard” section above (if applicable) has been convicted in the last 10 years of an offence punishable by more than three years imprisonment (unless the person is an eligible individual for the purposes of the Criminal Records (Clean Slate) Act 2004).
    15.2 Licensor's rights survive cancellation: The cancellation of this Licence by the Licensor will be without prejudice to the rights of the Licensor against the Licensee in respect of any act or omission on the part of the Licensee prior to such cancellation.
    15.3

    Consequences of cancellation: Upon cancellation of this Licence (whether under clause 3.2 or this clause 16):

    (a) the Licensee must, within any timeframe stipulated by the Licensor (acting reasonably in the prevailing circumstances):

    (i) remove the Named Boat from the Berth or Mooring or any other boat, property or person occupying the Berth or Mooring (unless the Licensor has exercised a lien over the relevant boat or property, in which case the boat or property shall be removed as soon as the lien is removed);

    (ii) remove all rubbish from the Berth or Mooring; and

    (iii) clean and repair to the satisfaction of the Licensor any damage caused by the Licensee (or its agents, contractors, employees, and invitees) to the Berth or Mooring and Marina;

    (b) the Licensor is not required to refund, and may retain, any monies paid in advance by the Licensee;

    (c) the Licensee will have no right to any payment or compensation from the Licensor, and will have no claim against the Licensor, arising out of such cancellation;

    (d) the Licensor will be at liberty to grant a new licence for the Berth or Mooring to such person and on such terms as the Licensor in its sole and absolute discretion determines appropriate.
    15.4 If the Licensee fails to promptly comply with its obligations under clause 16.3(a), the Licensor may take all necessary action itself, in whatever manner and by whatever means the Licensor reasonably considers necessary at the Licensee's risk and cost, in order to address such non- compliance.
    16. Liability and Indemnity
    16.1 "As is, where is": Access to and use of the Berth or Mooring by the Licensee is provided by the Licensor on an "as is, where is" basis. The Licensee must use and access the Berth or Mooring and Marina entirely at the Licensee's risk and the Licensee acknowledges that the Licensor does not provide security services. Subject to clause 17.3, the Licensor accepts no responsibility for the adequacy or otherwise of the Marina or the Berth or the facilities of the Marina or for any loss or damage to the Named Boat or any other property of the Licensee or any other persons using the Marina incurred or suffered within or about the Marina, except to the extent caused by the Licensor's negligence.
    16.2 Liability limited: If the Licensor is found to be liable in connection within this Licence, the Licensor's liability is limited to the aggregate Annual Fee paid by the Licensee in the 12 months preceding the relevant event. Subject to clause 17.3, in no circumstances will the Licensor be liable (whether in contract, tort or otherwise) for any indirect or consequential loss or for any loss of profit, loss of revenue, loss of goodwill, loss of opportunity or economic loss (in each case whether direct or indirect and whether or not the Licensor was or should have been aware of the likelihood of such loss).
    16.3 No contracting out: Nothing in this Licence is intended to exclude the application of any applicable law which cannot be excluded by contract (including the Consumer Guarantees Act 1993 (unless the Licensee uses the Berth or Mooring in trade in which case the parties agree that none of the rights and remedies under that Act will apply) and the Fair Trading Act 1986).
    16.4 Licensee indemnity: The Licensee indemnifies the Licensor against any loss, expense, liability, actions, claims, demands and costs reasonably incurred by the Licensor arising because of the Licensee’s acts or omissions or the acts or omissions of its agents, contractors, employees, and invitees (except to the extent caused by the Licensor's negligence).
    17. Payments
    17.1 Pay by due date: All payments due by the Licensee under this Licence must be paid to the Licensor together with GST (if any), without demand, in full and without any deduction or set-off of any kind (except to the extent expressly stated otherwise in this Licence), and in the manner and amount and by the due date notified to the Licensee from time to time by the Licensor orotherwise specified in this Licence.
    17.2 Default interest and enforcement costs: The Licensee must pay interest to the Licensor on demand at the Default Interest Rate on any amount not paid when due under this Licence, such interest being calculated from the due date for payment until the date of actual payment. The Licensee will also be liable for all costs and expenses incurred by the Licensor in recovering any amount due for payment by the Licensee under this Licence (or otherwise enforcing this Licence) and all such costs and expenses will also bear interest in accordance with this clause from the date those costs and expenses are incurred by the Licensor until reimbursement by the Licensee.
    17.3 Lien for unpaid amounts: The Licensor will have a lien over any vessel (or other property) located at the Berth or Mooring or the Marina for all amounts payable by the Licensee to the Licensor under or in connection with this Licence. If any payment due under this Licence by the Licensee is more than 14 days in arrears and the Licensee fails to make payment in full within a further period specified in a notice from the Licensor referring to the Licensor's rights under this clause, the Licensor may sell or otherwise dispose of such vessel and/or other property in any manner and on any terms the Licensor thinks fit and apply the proceeds of such sale or disposal towards satisfaction of all amounts owed by the Licensee and the costs incurred by the Licensor in exercising its rights under this clause, returning the balance (if any) to the Licensee. Where the services provided by the Licensor under this Licence are subject to a common law or statutory lien, nothing in this clause will exclude the application of such lien and the Licensor may elect to exercise its rights under such lien in addition to or instead of its rights under this clause 18.3.
    18. Dispute Resolution
    18.1 Mediation: If a dispute or difference arises out of or in connection with this Licence ("Dispute"), 10 the parties agree to attempt to amicably resolve it between themselves in the first instance. If appropriate, the Licensee may request that the Dispute is referred to a senior manager within the Licensor’s organisation, with the aim of the senior manager assisting with the resolution of the Dispute. If a Dispute cannot be resolved within 14 days of one party giving notice of the Dispute to the other party, either party may by written notice to the other refer the Dispute to mediation. The mediation will be conducted by a mediator and at a fee agreed by the parties. Failing agreement between the parties within 14 days of notice given pursuant to this clause 19.1 the mediator shall be selected by the Chair for the time being of Resolution Institute. The parties agree to mediate any dispute in terms of the Resolution Institute standard Mediation Agreement (NZ version).
    18.2 Court proceedings: Nothing in this clause 19 prevents either party from seeking or obtaining any injunctive or interim relief in any court of competent jurisdiction, nor prevent the Licensor from issuing proceedings in any court of competent jurisdiction (or taking any other step) in relation to any failure by the Licensee to pay any undisputed amount when due.
    19. Further Developments and Port Operations
    19.1

    Further Developments permitted: The Licensee acknowledges that the Licensor is entitled from time to time to improve, extend, add to, reduce, or alter the Marina (Further Development) in any manner whatsoever. Where the Licensor exercises such right:

    (a) the Licensor will endeavour to keep the Licensee informed regarding Further Developments (including by publishing information on the Licensor’s website) and cause as little inconvenience to the Licensee as is practicable in the circumstances;

    (b) the Licensee will not, directly or indirectly, make (or encourage, fund or support any other person to make) any requisition, objection, opposition, complaint or claim (including for any compensation), nor issue any proceedings, in respect of the Further Development. To avoid doubt, nothing in this clause limits any right or remedy the Licensee may have if the Licensor breaches any applicable law; and

    (c) the Licensee will, if required by the Licensor, sign all such consents and surrenders as may be required by the Licensor to give effect to the Further Development.
    19.2 No objection to port operations: The Licensee further acknowledges that the Marina is located within an operational port and accordingly agrees that it will not, directly or indirectly, make (or encourage, fund or support any other person to make) any requisition, objection, opposition, complaint or claim (including for any compensation) in respect of any discharge, disturbance, annoyance or interference from port operations. To avoid doubt, nothing in this clause limits any right or remedy the Licensee may have if the Licensor breaches any applicable law.
    20. General
    20.1 Governing law: This Licence is to be interpreted in accordance with New Zealand law and governed by the jurisdiction of the New Zealand courts.
    20.2 Notices: All demands, requisitions, consents, approvals, or notices to be given by either the Licensor or the Licensee under this Licence must be in writing. A notice to the Licensor may be given to or served upon the Licensor at the postal or email address specified in the Key Details (or otherwise notified by the Licensor). A notice to the Licensee may be given by being posted or emailed to the Licensee at the address specified in the Licence or such other address as the Licensee may from time to time notify the Licensor. Any such demand, requisition, consent or notice will be deemed to be received: (i) if posted, three days after it has been put into the post; (ii) if emailed, at the time of sending if sent before 4.30 pm on a business day (being any weekday which is not a public holiday in Nelson) and in any other case at 10.00am on the first business dayafter the date of sending (provided that the message is not returned undelivered or as an error or an automatically generated "out of office" message (or other indication on non-receipt) is not received by the sending party).
    20.3 Licensor consent is discretionary: In any case where pursuant to this Licence the doing or execution of any matter or thing by the Licensee is dependent upon the consent or approval of the Licensor, such consent or approval may be given conditionally or unconditionally or withheld by the Licensor in its absolute uncontrolled discretion (unless otherwise provided in this Licence) and such consent must be given in writing.
     20.4 Entire agreement: This Licence constitutes the entire agreement of the parties about its subject matter and all previous agreements, arrangements, understandings, representations, and negotiations on that subject matter cease to have effect. Any existing licence agreement between the parties regarding the use of a berth or mooring at the Marina will cease to have effect on and from the Commencement Date, but without prejudice to any accrued obligations of the Licensee at such date (including the Licensee's obligation to pay all amounts due for the period up to the Commencement Date and to vacate the relevant berth or mooring).
    20.5 Force Majeure: Neither party will be liable for any delay in performance or non-performance of any of its obligations under this Licence or any damage or loss, to the extent caused by any event or circumstances beyond the reasonable control of that party, including any industrial action, storm, wind, flood, fire, explosion, earthquake, or other acts of God. To avoid doubt, nothing in this clause excuses any delay or non-payment of amounts due under this Licence.
    20.6 Severability: If any part of this Licence is held by a court or administrative body of competent jurisdiction to be illegal, void, or unenforceable, such determination will not impair the enforceability of the remaining parts of this Licence.
    20.7 No waiver: No waiver of any breach of, or failure to enforce any provision of, this Licence at any time by the Licensor will in any way limit the right of the Licensor to enforce and compel strict compliance with the provisions of the Licence.
    20.8 Counterparts: This Licence may be executed in any number of counterparts and all the counterparts when taken together will constitute one agreement. Each party may enter into this Licence by executing a counterpart. The parties acknowledge that this Licence may be executed using electronic signatures and by an exchange of emailed PDF copies and execution of this Agreement by that means is valid and sufficient execution.

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