13.1 WHMMT may at its sole discretion immediately terminate your right to use a berth if:
a) You have engaged in any misconduct or breached a bylaw, regulation or law;
b) If you fail to pay your fees, charges or any sum owed to WHMMT on time and the debt remains unpaid 7 days from the date WHMMT notifies you of such non-payment; or
c) If you breach any of these Terms and such breach (if capable of remedy) remains unremedied following 7 days from the date WHMMT notifies you of such breach.
13.2 If WHMMT terminates your right to use a berth, you must promptly pay all charges and other amounts owing and remove your vessel from the berth and the Marina.
13.3 If you do not remove your vessel, WHMMT may, without incurring any liability, either secure the vessel in its berth or remove your vessel and store it in such a place and under such conditions as it sees fit and shall be entitled to a lien on the vessel for the costs of such storage and removal. WHMMT shall be entitled to all costs including but not limited to, impounding, removal, security, storage and sale of the vessel, and all outstanding charges and other amounts owed by you to WHMMT under these Terms. WHMMT may at its election offer the vessel for sale, together with any chattels in or on the boat, by public auction or private contract and apply the proceeds first in satisfaction of the costs incurred and secondly towards any debts owed to WHMMT.
13.4 WHMMT may also at its election retain possession of the boat until payment in full of all sums owed by the Customer to it.
13.5 The Customer shall remain liable for payment of rental fees and other charges until the vessel is removed from the Marina.
13.6 The Customer shall unconditionally ratify any actions taken by WHMMT under this clause and indemnifies and holds harmless WHMMT against all liability for fees and expenses incurred, and from all claims, suits and demands made by any person, in respect of storing, selling or otherwise disposing of the vessel or any chattels.
13.7 The Customer irrevocably appoints WHMMT as the Customer’s true and lawful attorney/s to perform all necessary acts to give effect to the provisions of this clause and clause 12 including, but not limited to, signing any document on the Customer’s behalf.
13.8 This clause and clauses 2, 3, 12 and 15 shall survive any termination or expiry of this agreement and so shall any other clause that is intended by implication to survive termination.