4. The ERTV Compliance Group has made arrangements with the Marine Exchange of Puget Sound to act as its agent to invoice and collect the ERTV assessment and to make payments to the owner of the chartered ERTV. Covered Vessel assessment payments made pursuant to this Enrollment Agreement shall be made as specified in the invoices issued by the Marine Exchange of Puget Sound.
5. This Enrollment Agreement shall become effective on the date indicated below, provided that the ERTV assessment need not be paid until each actual transit is made by the owner/operator’s Covered Vessel of the ERTV Transit Area, at which time(s) an ERTV assessment invoice shall be issued. This Enrollment Agreement may be terminated at any time by the Covered Vessel owner or operator giving written notice to the ERTV Compliance Group, provided that any outstanding and unpaid ERTV assessments at the time of such notice shall remain fully due and payable. The ERTV Compliance Group may terminate the Enrollment of a Covered Vessel due to the owner/operator’s failure to timely pay the ERTV assessment, in which event the Marine Exchange, as agent for the ERTV Compliance Group, shall report such termination to the Washington Department of Ecology, advising that the subject vessel(s) and any other vessel(s) owned/operated by the same owner/operator are no longer enrolled for the ERTV and may no longer identify and reference the ERTV in its oil spill contingency plan.
6. The ERTV Compliance Group confirmed that the stakeholders representing the various vessel categories with the assistance of a tug broker made their commercially reasonable best effort to identify a responsible, experienced and qualified contractor to provide the ERTV at Neah Bay. The ERTV Compliance Group, Washington State Maritime Cooperative and the Marine Exchange of Puget Sound make no express or implied warranties concerning the ERTV, its crew (including experience or competence), capabilities, operations, condition, maintenance or other functions.
7. This Agreement may be amended from time to time by the ERTV Compliance Group as may be required to maintain compliance with applicable Washington State law or as otherwise deemed necessary by the ERTV Compliance Group. Any such amendments shall be in writing and communicated to all enrolled Covered Vessel owners or operators. Such notification shall be given at least thirty (30) days in advance of the effective date of any amendments or modifications going into effect, unless the law requires otherwise.
8. Covered Vessel owners or operators who have enrolled under this Enrollment Agreement may refer to the ERTV in general reporting and oil spill contingency plan filing with governmental agencies. The ERTV Compliance Group shall be entitled to provide information to any governmental agency regarding the enrollment of any Covered Vessel with the ERTV Compliance Group.
9. If any provision of this Enrollment Agreement or portion thereof should be declared invalid for any reason, the invalid provision or portion shall be deemed omitted and the remaining terms shall nevertheless be given effect.
10. Neither the ERTV Compliance Group nor any owner/operator or Covered Vessel or any Covered Vessel’s authorized agent or representative may assign their respective rights or obligations under this Enrollment Agreement without the prior written consent of the other party.
11. No governmental agency or other private party, including any other contractors or subcontractors referenced herein, are intended to be third-party beneficiaries of any rights or obligations under this Enrollment Agreement.
12. This Agreement shall be construed under the laws of the State of Washington without reference to its conflict of laws provisions. The parties agree that all matters involving interpretation or enforcement of this Agreement will be referred to the United States District Court for the Western District of Washington at Seattle, or, if and only if the United States District Court does not have jurisdiction over any such matter, to any other court of competent jurisdiction in Seattle, Washington.
13. This Enrollment Agreement may be executed in any number of counterparts, all of which when taken together shall constitute one and the same instrument. This Enrollment Agreement may be signed and transmitted by facsimile (or electronically in a form that allows the receiving party to print a copy of the signature), with the same effect as an original signature, provided such signing party shall provide a counterpart signed original of the executed document, if requested by the other party.
14. If this Enrollment Agreement is signed by an agent or authorized representative of the Covered Vessel’s owner or operator, such agent or authorized representative warrants his/her authority to sign this Enrollment Agreement and shall, upon request, provide a copy of his/her written authorization to act on behalf of the owner/operator to sign this Enrollment Agreement.