Waterfront Business Document

Waterfront Business Agreement

This Waterfront Business Agreement ("Agreement") is entered into as of Effective Date: by and between Owner Name: (hereafter "Owner") and Operator Name: (hereafter "Operator").

RECITALS

WHEREAS, Owner is the owner or lawful manager of waterfront premises and appurtenances located on or adjacent to navigable waters suitable for marine, docking and related commercial activities (the "Premises"); and

WHEREAS, Operator is engaged in providing waterfront services including, but not limited to, mooring, vessel maintenance, fueling, slip rental, and retail concessions and seeks to operate such services on the Premises in accordance with the terms of this Agreement; and

WHEREAS, the parties desire to set forth the scope, payment terms, term, confidentiality obligations and other material terms governing Operator's activities at the Premises.

PARTY CONTACTS AND ENTITY TYPE

Individual   Corporation   LLC   Other

Individual   Corporation   LLC   Other

SCOPE OF WORK

Operator shall perform the following services at the Premises in a professional and workmanlike manner and in compliance with applicable laws, marine safety practices and environmental regulations:

Operator shall be responsible for obtaining and maintaining any required permits, licenses and approvals necessary to provide the services described above unless otherwise expressly agreed in writing.

PAYMENT TERMS

All sums due under this Agreement are exclusive of applicable sales, use and other taxes which shall be paid by the party required by law. Operator shall submit itemized invoices in accordance with the Payment Schedule. Payment shall be due within days of receipt of a proper invoice.

TERM AND TERMINATION

Term Commencement Date:    Term Expiration Date: .

Either party may terminate this Agreement for material breach by the other party if the breaching party fails to cure the breach within days after receipt of written notice. Either party may terminate without cause upon days' prior written notice to the other party.

Upon termination, Operator shall surrender the Premises in the condition required by this Agreement, complete any outstanding work specified in confirmed invoices, and cooperate in an orderly transition.

CONFIDENTIALITY

"Confidential Information" means non-public business, technical, financial, operational or customer information disclosed by one party to the other in connection with this Agreement. The receiving party shall: (a) hold Confidential Information in strict confidence; (b) use Confidential Information only to perform its obligations under this Agreement; and (c) not disclose Confidential Information to any third party except to employees, contractors or advisors who have a need to know and who are bound by confidentiality obligations at least as protective as those set forth herein.

Confidential Information does not include information that: (i) is or becomes generally available to the public other than by breach of this Agreement; (ii) was known to the receiving party prior to disclosure; or (iii) is lawfully obtained by the receiving party from a third party without restriction. The obligations in this section survive termination for a period of three (3) years, except for trade secrets which shall be protected for as long as they qualify as trade secrets under applicable law.

INSURANCE AND INDEMNITY

Operator shall maintain commercially reasonable general liability and marine liability insurance covering its operations on the Premises and shall name Owner as an additional insured to the extent its operations expose Owner to liability. Operator shall indemnify, defend and hold Owner harmless from and against all claims, damages, losses and expenses (including reasonable attorneys' fees) arising out of Operator's negligence, willful misconduct or breach of this Agreement.

GOVERNING LAW; DISPUTE RESOLUTION

This Agreement shall be governed by and construed in accordance with the laws of the State of without regard to conflict of laws principles. The parties shall attempt in good faith to resolve disputes promptly by negotiation between senior representatives. If unresolved, disputes shall be submitted to mediation prior to any court proceedings.

NOTICES

All notices required or permitted under this Agreement shall be in writing and delivered to the addresses below by certified mail, overnight courier or personal delivery, or to the primary email address for notices provided by each party.

ENTIRE AGREEMENT

This Agreement, including any exhibits and attachments signed by the parties, constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior negotiations, representations, proposals, agreements and understandings, whether written or oral. No amendment or waiver shall be effective unless in writing and signed by both parties.

SEVERABILITY

If any provision of this Agreement is held to be invalid, illegal or unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect.

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