Section 448.5 Of Article 4. Vessel Traffic Service From California Harbors And Navigation Code >> Division 3. >> Chapter 1. >> Article 4.
448.5
. (a) It shall be understood and agreed, and shall be the
essence of the marine exchange's operation of the vessel traffic
service, that the marine exchange act as agent of each vessel subject
to the requirements of this article within the VTS area in providing
vessel traffic information and performing all other acts incidental
to operation of the vessel traffic service.
(b) No vessel subject to the requirements of this article shall
assert any claim against the marine exchange or any officer,
director, employee, or representative of the marine exchange for any
damage, loss, or expense, including any rights of indemnity or other
rights of any kind, sustained by the vessel or its owners, agents,
charterers, operators, crew, or third parties arising out of, or
connected with, directly or indirectly, the marine exchange's
operation of the vessel traffic service, even though resulting in
whole or in part from negligent acts or omissions, of the marine
exchange or any officer, director, employee, or representative of the
marine exchange.
(c) Each vessel subject to the requirements of this article shall
defend, indemnify, and hold harmless the marine exchange and its
officers, directors, employees, and representatives from any and all
claims, suits, or actions of any nature by whomsoever asserted, even
though resulting or alleged to have resulted from negligent acts or
omissions of the marine exchange or an officer, director, employee,
or representative of the marine exchange.
(d) Nothing in subdivisions (b) and (c) shall affect liability or
rights that may arise by reason of the gross negligence or
intentional or willful misconduct of the marine exchange or an
officer, director, employee, or representative of the marine exchange
in the operation of the vessel traffic service.