4. CHARTERER warrants that the skipper hired by CHARTERER will be a qualified and competent person, who shall be the employee of the CHARTERER, and be responsible for the safe navigation of the Vessel.
5. Charterer warrants that the Owner/Captain/Manager or any other designated by OWNER has verified the qualifications, experience and suitability of the Charterer and has properly instruct them on the handling of the Vessel including but not limited to the use of the "Emergency Manual" before handing the Vessel over to the Charterer.
6. CHARTERER expressly agrees that the operation of said Vessel will be limited to the following areas and waters: INTERCOASTAL MIAMI
"CHARTERER further agrees that the operation of the said Vessel be limited to any areas in waters specifies in any insurance policy provided pursuant to paragraph 6, and any insurance policy which has been disclosed to CHARTERER prior to execution of this Agreement".
7. CHARTERER is not obligated to provide insurance vessel has charter insurance and liability insurance CHARTERER shall indemnify, defend and hold harmless OWNER, its officer, agents, and employees from and against any claims, damages, expenses or liabilities arising out of the performance of this Agreement or the use of said Vessel including without limitation, claims, damages, expenses or liabilities for loss or damage to any property, or from death or injury of any person or persons, in proportion to and to the extent such claims, damages, expenses, or liabilities arise from the negligence or willful misconduct of CHARTERER, its officers, agents, or employees.
8. CHARTERER agrees that the Vessel shall be employed exclusively as a training and pleasure of the vessel for the sole and proper use of itself, and guest, during the term of this Charter. CHARTERER further agrees not to transport MERCHANDISE FOR HIRE or CARRY PASSENGERS FOR HIRE, or engage in any trade, or in any way violate any laws of the United States or of any other government within the jurisdiction of which the Vessel may be at any time during the Charter.
9. CHARTERER shall have no rights, power, or authority to create, incur, or permit to be imposed upon the Vessel any liens or encumbrances of any nature. A fully executed copy of this Charter Agreement shall be always carried aboard the Vessel with the ship's papers during the term of the Charter and shall be exhibited by CHARTERER to any person having business with the Vessel which might give rise to any lien CHARTERER shall redeliver said Vessel free from any liens incurred as a result of the operation of the Vessel under this Charter Agreement and shall indemnify and hold harmless OWNER or its agents against any lien not incurred by OWNER or covered by insurance arising out of the possession, use, or operation of said Vessel or by any persons aboard said Vessel by invitation of CHARTERER.
10. CHARTERER shall not sub-charter or assign this Charter without obtaining the consent of OWNER in writing. If at any time CHARTERER fails to remedy any default with respect to any of the provisions, covenants, or conditions of this Charter to be kept or performed by CHARTERER within days after notice thereof, or such additional time as is reasonably required to cure such default OWNER shall have the right to terminate this Charter by giving written notice if such termination to CHARTERER.