Common use of Berthing Clause in Contracts

Berthing. 7.4.1 After a Notice of Readiness has been tendered, the Operator shall permit and the User shall cause the LNG Vessel to proceed to berth at the Terminal as expeditiously as is safely possible. 7.4.2 The Parties acknowledge that the Operator may be obliged to delay berthing by up to twenty four (24) hours in order to enable the berthing and unloading of an LPG or crude oil tanker at the dangerous goods berth in the Port, both in order to mitigate an imminent threat of empty storage and stop of production of either Raffinerie ▇▇▇▇▇ or Nordsee Gas Terminal (“Priority Berthing Delay”). In the event of such Priority Berthing Delay the Operator shall pay to the User: (a) demurrage in an amount equal to the product of: (i) the Delay Rate in respect of such Cargo; and (ii) the number of days, and pro rata for every begun hour of any partial day, by which the commencement of Allowed Laytime is delayed beyond three (3) hours after the Notice of Readiness has become effective in accordance with Clause 7.3 above; and (b) an amount in respect of boil-off, equal to the product of: (i) zero decimal one five percent (0.15%); (ii) the quantity of LNG comprising the Cargo; (iii) the THE DA Price in respect of such Cargo and such day; and (iv) the number of days, and pro rata for every begun hour of any partial day, by which the commencement of Allowed Laytime is delayed beyond three (3) hours after the Notice of Readiness has become effective in accordance with Clause 7.3 above. In respect of a Priority ▇▇▇▇▇▇▇▇ ▇▇▇▇▇ (for the avoidance of doubt, resulting in a delay in berthing the LNG Vessel of no more than twenty four (24) hours), the Operator’s payment of demurrage and the amount in respect of boil-off as set out in paragraphs (a) and (b) above is the User’s only remedy for such delay in berthing of up to twenty four

Berthing. 7.4.1 After a Notice of Readiness has been tendered, the Operator shall permit and the User shall cause the LNG Vessel to proceed to berth at the Terminal as expeditiously as is safely possible. 7.4.2 The Parties acknowledge that the Operator or its shareholders may be obliged to delay berthing by up to twenty four (24) hours in order to enable the berthing and unloading of an LPG or crude oil tanker at the dangerous goods berth in the Port, both in order to mitigate an imminent threat of empty storage and stop of production of either Raffinerie ▇▇▇▇▇ or Nordsee Gas Terminal (“Priority Berthing Delay”). In the event of such Priority Berthing Delay the Operator shall pay to the User: (a) demurrage in an amount equal to the product of: (i) the Delay Demurrage Rate in respect of such Cargo; and (ii) the number of days, and pro rata for every begun hour of any partial day, by which the commencement of Allowed Laytime is delayed beyond three (3) hours after the Notice of Readiness has become effective in accordance with Clause 7.3 above; and (b) an amount in respect of boil-off, equal to the product of: (i) zero decimal one five percent (0.15%); (ii) the quantity of LNG comprising the Cargo; (iii) the THE DA Price in respect of such Cargo and such day; and (iv) the number of days, and pro rata for every begun hour of any partial day, by which the commencement of Allowed Laytime is delayed beyond three (3) hours after the Notice of Readiness has become effective in accordance with Clause 7.3 above. In respect of a Priority ▇▇▇▇▇▇▇▇ ▇▇▇▇▇ (for the avoidance of doubt, resulting in a delay in berthing the LNG Vessel of no more than twenty four (24) hours), the Operator’s payment of demurrage and the amount in respect of boil-off as set out in paragraphs (a) and (b) above is the User’s only remedy for such delay in berthing of up to twenty four