Agreement made this ___ day of _____________ between COADY MARINE Inc, a Delaware corporation ("Operator") and _________________________, "Charterer", as follows: 1. Conditions of Hire. The Operator will let, and the Charterer will hire the liftboat AMELIA MARY ("Liftboat") for the term of __ days from the __ day of __________, the
Liftboat being then placed at the disposal of the Charterer at Pier 5, Boston Harbor Shipyard, to be employed as the Charterer shall direct, subject to the following conditions:
(a) General. Charterer at Charterer's sole expense may inspect the Liftboat prior to execution of this agreement to determine if the vessel is acceptable for the intended
service. The Operator will pay for the wages of the Master and crew and for all stores except diesel fuel. Fuel costs are the responsibility of Charterer. The Master and crew are responsible for the
operation and maintenance of the Liftboat and will devote themselves accordingly. Charterer will provide evidence of insurance. Charterer will assure through their representative aboard that Charterer's
employees comply with all federal and state regulations and statutes
(b) Duties of Master and crew. The Master shall have sole discretion with regard to the safety of
the Liftboat and all persons embarked thereon. With respect to movement and positioning of the Liftboat, except as is contrary to his or her primary responsibility of ensuring the safety of the vessel, crew, and
passengers, the Master shall be under the general direction of the Charterer and shall prosecute each voyage with dispatch.
(c) Rate of Payment. The Charterer will pay two thousand
five hundred dollars ($2,500) per day from the day of the Liftboat's delivery as aforesaid until either (i) the end of the term of the charter or (ii) until the Liftboat's redelivery per section (k), whichever occurs
last.
(d) Accommodations Up to four (4) passengers may sleep aboard the Liftboat in addition to the crew. Access to a stocked galley, a berth and clean linen are
provided. The Liftboat does not have a cook aboard, nor a steward. A washer and dryer are available for passenger use.
(e) ldle Day Credits. For each 24 hour day during the term of
the Charter that the Liftboat is jacked up with brow to a commercial dock, the Charterer's employees are not aboard, and the Liftboat is not being used a credit of fifteen hundred dollars ($ 1,500) will be made to
Charterer's account.
(f) Payments. The Charterer will pay a deposit of ten thousand dollars ($10,000) upon execution of this agreement and agrees to pay by wire transfer for the interim hire
of the Liftboat within three (3) days of the presentation of any interim invoice. If any payment is in default the Operator shall have the right to withdraw the vessel from the service of the Charterer without
prejudice to any other remedy the Operator may have against the Charterer. The deposit shall be credited against the final bill.
(g) Docks and Ports.
Passengers and deck cargo shall be loaded or discharged and refueling shall be conducted at safe berths where the Liftboat may always lie afloat in a port where the Liftboat can safely maneuver.
Dockage, wharfage and related fees will be paid by Charterer.
(h) Restrictions. The Liftboat may not be used in any manner prohibited by the vessel's Operations Manual, a copy of which is
available aboard. Such restrictions include but are not limited to: The cranes may only be operated by a member of the crew, only within posted load limits, and only if each person on deck is wearing a hard
hat; and the vessel shall not jack up in water more than 45 feet deep at high tide, nor attempt to jack up or down when wave height exceeds 2.5 feet.
(i) Rendering assistance.
Any salvages shall be for the Operator's and Charterer's equal benefit.
(j) Loss of Time. In the event of any deficiency of men or stores, breakdown of machinery or damage
preventing the working of the Liftboat for more than 24 hours, the charter shall be suspended at the end of the 24 hours until the Liftboat is able to resume service, at which time the charter shall continue, the term
extended by the length of the suspension.
(k) Redelivery of Vessel. The Charterer shall deliver up the Liftboat at the vessel's designated dock at Pier 5 at Boston Harbor Shipyard
2. Authority to Enter Into This Agreement. The Liftboat is a United States flagged and documented commercial vessel owned by COADY VESSELS Inc, a Delaware corporation ("Owner"). Operator
has an separate agreement in force with Owner such that Operator may enter into this Charter Agreement with Charterer.
3. Penalty. The penalty for the nonperformance of this charter
shall be forfeit of the deposit, and it is agreed that same shall be construed as liquidated damages
