Common use of Notices of LNG Ship Movements and Characteristics of LNG Cargoes Clause in Contracts

Notices of LNG Ship Movements and Characteristics of LNG Cargoes. With respect to each LNG Cargo to be delivered to Buyer pursuant to a Confirmation Notice, Buyer shall give, or cause the master of the relevant LNG Ship to give, to Seller, the following notices: a first notice, which shall be sent either upon the departure (for the Loading Port) of the LNG Ship from port, or as early as reasonably possible and which shall set forth the time and date of departure, and the estimated time of arrival of the LNG Ship at the Loading Port (the “ETA”). If this ETA changes by more than twelve (12) hours, notice of the corrected ETA shall promptly be given to Seller; thereafter, a second, third and fourth notice, updating or confirming the ETA, which shall be sent at ninety-six (96), forty-eight (48) and twenty-four (24) hours prior to arrival at the Loading Port (respectively). If the ETA changes by more than six (6) hours for the second or third notice or by more than four (4) hours for the fourth notice, notice of the corrected ETA shall promptly be given to Seller; a final notice, which shall be sent six (6) hours prior to arrival at the Loading Port; and a notice of readiness, when the LNG Ship has arrived at the PBS and the LNG Ship is in all respects ready to berth and to load LNG, purge and cool-down excepted (“NOR”). The notices referred to above shall be sent by email. Buyer’s notice under Paragraph C.20.1(a) shall state whether the LNG Ship will require cooldown on arrival at the Loading Port, the estimated volume, expressed in cubic metres, of LNG (including any LNG required for such cool-down) which is to be loaded on the LNG Ship at Seller’s Facilities and any operational deficiencies with respect to the LNG Ship that may affect its port performance. Each further notice given by Buyer under Paragraph C.20.1 shall include details of any significant change in such information since the last such notice was given. Demurrage and Excess Boil-off at Loading Port Laytime used in loading an LNG Ship (“Used Laytime”) shall begin to count upon the earlier of (i) the LNG Ship being all fast in the berth, (ii) six (6) hours after the tendering of a valid NOR (provided the LNG Ship tenders NOR within the applicable Arrival Window) or (iii) 0600 hours Local Time on the first day of the applicable Arrival Window (provided the LNG Ship tendered a valid NOR prior to the Arrival Window) and shall end when the last loading arm is disconnected and the LNG Ship is cleared for departure and able to depart. If the LNG Ship tenders a valid NOR outside the applicable Arrival Window, while Seller shall exercise reasonable endeavours to berth the LNG Ship as soon as possible, Used Laytime shall only commence once the LNG Ship is all fast at the berth. The period of Allowed Laytime at the Loading Port shall be as set forth in the applicable Confirmation Notice. In the event Used Laytime exceeds Allowed Laytime, Seller shall pay to Buyer (i) demurrage at the daily rate set forth in the applicable Confirmation Notice and (ii) an amount of excess boil-off for the relevant LNG Cargo equal to: Contract Price x gross volumetric cargo capacity of the LNG Ship x daily Deemed Boil-off Rate in the applicable Confirmation Notice x the number of days (or pro rata for part thereof) the Used Laytime exceeds the Allowed Laytime The Parties undertake that the demurrage and excess boil-off payments under this Paragraph C.21.3 constitute the sole and exclusive compensation payable if the loading of an LNG Ship has not been completed within the Allowed Laytime. However, if such delay also affects the delivery of subsequent LNG Cargoes to Buyer scheduled in accordance with the Confirmation Notice, Buyer and Seller shall consult in good faith to modify the Arrival Window in respect of such subsequent LNG Cargoes under that Confirmation Notice so as to facilitate delivery of such LNG Cargoes. Solely for the computation of demurrage and excess boil-off to be paid by Seller (and not in relation to a Failure to Take or Failure to Deliver), any time lost as a result of any of the following shall be added to Allowed Laytime: reasons attributable to the fault of Buyer, the Transporter, the LNG Ship or its master, crew, owner or operator; Force Majeure; 50% of any Adverse Weather; time before berthing during which normal operation at the Loading Port is prohibited by law, regulation, order or decree; and time required to purge and or cooldown the LNG Ship (provided that the requirement for such purge or cooldown is not caused by a reason attributable to the fault of Seller or Seller’s Facilities). Without prejudice to Buyer’s right to receive demurrage and excess boil-off in accordance with Paragraph C.21.3, if any problem occurs or is foreseen to occur so as to cause delay to an LNG Ship in berthing, loading and/or departing which results or is expected to result in Used Laytime exceeding Allowed Laytime, Seller and Buyer shall discuss the problem in good faith and use their reasonable endeavours to minimise such delay and, at the same time, cooperate with each other to identify measures which can be adopted to minimise or to avoid the occurrence of any similar delay in the future. Buyer shall invoice Seller pursuant to Clause 11.3 for amounts due under Paragraph C.21.3 and shall provide the relevant documents and calculations in support of such amount, and Seller shall pay such invoice in accordance with the terms of Clause 11.4.1.3. Cool-down Requirements and Boil-off

Appears in 2 contracts

Samples: Master LNG Sale and Purchase Agreement, Master LNG Sale and Purchase Agreement

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Notices of LNG Ship Movements and Characteristics of LNG Cargoes. With respect to each LNG Cargo to be delivered to Buyer pursuant to a the Confirmation Notice, Buyer Seller shall give, or cause the master of the relevant LNG Ship to give, to SellerBuyer, the following notices: a first notice, which shall be sent either upon the departure (for the Loading Discharge Port) of the LNG Ship from portthe Loading Port, or as early as reasonably possible and which shall set forth the time and date of departure, and the estimated time of arrival of the LNG Ship at the Loading Discharge Port (the “ETA”). If this ETA changes by more than twelve (12) hours, notice of the corrected ETA shall promptly be given to SellerBuyer; thereafter, a second, third third, fourth and fourth fifth notice, updating or confirming the ETA, which shall be sent at ninetyone hundred and sixty-six eight (96168), seventy two (72), forty-eight (48) and twenty-four (24) hours prior to arrival at the Loading Discharge Port (respectively). If the ETA changes by more than six (6) hours for the second second, third or third notice fourth notices or by more than four one (41) hours hour for the fourth fifth notice, notice of the corrected ETA shall promptly be given to SellerBuyer; a final notice, which shall be sent six (6) hours prior to arrival at the Loading Discharge Port; and a notice of readiness, readiness when the LNG Ship has arrived at the PBS and the LNG Ship is in all respects ready to berth and to load LNG, purge and cool-down excepted unload LNG (“NOR”). The notices referred to above shall be sent by email. Buyer’s notice under Paragraph C.20.1(a) shall state whether the LNG Ship will require cooldown on arrival at the Loading Port, the estimated volume, expressed in cubic metres, of LNG (including any LNG required for such cool-down) which is to be loaded on the LNG Ship at Seller’s Facilities and any operational deficiencies with respect to the LNG Ship that may affect its port performance. Each further notice given by Buyer under Paragraph C.20.1 shall include details of any significant change in such information since the last such notice was given. Demurrage and Excess Boil-off at Loading Port Laytime used in loading an LNG Ship (“Used Laytime”) shall begin to count upon the earlier of (i) the LNG Ship being all fast in the berth, (ii) six (6) hours after the tendering of a valid NOR (provided the LNG Ship tenders NOR within the applicable Arrival Window) or (iii) 0600 hours Local Time on the first day of the applicable Arrival Window (provided the LNG Ship tendered a valid NOR prior to the Arrival Window) and shall end when the last loading arm is disconnected and the LNG Ship is cleared for departure and able to depart. If the LNG Ship tenders a valid NOR outside the applicable Arrival Window, while Seller shall exercise reasonable endeavours to berth the LNG Ship as soon as possible, Used Laytime shall only commence once the LNG Ship is all fast at the berth. The period of Allowed Laytime at the Loading Port shall be as set forth in the applicable Confirmation Notice. In the event Used Laytime exceeds Allowed Laytime, Seller shall pay to Buyer (i) demurrage at the daily rate set forth in the applicable Confirmation Notice and (ii) an amount of excess boil-off for the relevant LNG Cargo equal to: Contract Price x gross volumetric cargo capacity of the LNG Ship x daily Deemed Boil-off Rate in the applicable Confirmation Notice x the number of days (or pro rata for part thereof) the Used Laytime exceeds the Allowed Laytime The Parties undertake that the demurrage and excess boil-off payments under this Paragraph C.21.3 constitute the sole and exclusive compensation payable if the loading of an LNG Ship has not been completed within the Allowed Laytime. However, if such delay also affects the delivery of subsequent LNG Cargoes to Buyer scheduled in accordance with the Confirmation Notice, Buyer and Seller shall consult in good faith to modify the Arrival Window in respect of such subsequent LNG Cargoes under that Confirmation Notice so as to facilitate delivery of such LNG Cargoes. Solely for the computation of demurrage and excess boil-off to be paid by Seller (and not in relation to a Failure to Take or Failure to Deliver), any time lost as a result of any of the following shall be added to Allowed Laytime: reasons attributable to the fault of Buyer, the Transporter, the LNG Ship or its master, crew, owner or operator; Force Majeure; 50% of any Adverse Weather; time before berthing during which normal operation at the Loading Port is prohibited by law, regulation, order or decree; and time required to purge and or cooldown the LNG Ship (provided that the requirement for such purge or cooldown is not caused by a reason attributable to the fault of Seller or Seller’s Facilities). Without prejudice to Buyer’s right to receive demurrage and excess boil-off in accordance with Paragraph C.21.3, if any problem occurs or is foreseen to occur so as to cause delay to an LNG Ship in berthing, loading and/or departing which results or is expected to result in Used Laytime exceeding Allowed Laytime, Seller and Buyer shall discuss the problem in good faith and use their reasonable endeavours to minimise such delay and, at the same time, cooperate with each other to identify measures which can be adopted to minimise or to avoid the occurrence of any similar delay in the future. Buyer shall invoice Seller pursuant to Clause 11.3 for amounts due under Paragraph C.21.3 and shall provide the relevant documents and calculations in support of such amount, and Seller shall pay such invoice in accordance with the terms of Clause 11.4.1.3. Cool-down Requirements and Boil-off.

Appears in 2 contracts

Samples: Master LNG Sale and Purchase Agreement, Master LNG Sale and Purchase Agreement

Notices of LNG Ship Movements and Characteristics of LNG Cargoes. With respect to each LNG Cargo to be delivered to Buyer pursuant to a Confirmation Notice, Buyer shall give, or cause the master of the relevant LNG Ship to give, to Seller, the following notices: a first notice, which shall be sent either upon the departure (for the Loading Port) of the LNG Ship from port, or as early as reasonably possible and which shall set forth the time and date of departure, and the estimated time of arrival of the LNG Ship at the Loading Port (the “ETA”). If this ETA changes by more than twelve (12) hours, notice of the corrected ETA shall promptly be given to Seller; thereafter, a second, third and fourth notice, updating or confirming the ETA, which shall be sent at ninety-six (96), forty-eight (48) and twenty-four (24) hours prior to arrival at the Loading Port (respectively). If the ETA changes by more than six (6) hours for the second or third notice or by more than four (4) hours for the fourth notice, notice of the corrected ETA shall promptly be given to Seller; a final notice, which shall be sent six (6) hours prior to arrival at the Loading Port; and a notice of readiness, when the LNG Ship has arrived at the PBS and the LNG Ship is in all respects ready to berth and to load LNG, purge and cool-down excepted (“NOR”). The notices referred to above shall be sent by email. Buyer’s notice under Paragraph C.20.1(aC.4.1(a) shall state whether the LNG Ship will require cooldown on arrival at the Loading Port, the estimated volume, expressed in cubic metres, of LNG (including any LNG required for such cool-down) which is to be loaded on the LNG Ship at Seller’s Facilities and any operational deficiencies with respect to the LNG Ship that may affect its port performance. Each further notice given by Buyer under Paragraph C.20.1 C.4.1 shall include details of any significant change in such information since the last such notice was given. Demurrage and Excess Boil-off at Loading Port Laytime used in loading an LNG Ship (“Used Laytime”) shall begin to count upon the earlier of (i) the LNG Ship being all fast in the berth, (ii) six (6) hours after the tendering of a valid NOR (provided the LNG Ship tenders NOR within the applicable Arrival Window) or (iii) 0600 hours Local Time on the first day of the applicable Arrival Window (provided the LNG Ship tendered a valid NOR prior to the Arrival Window) and shall end when the last loading arm is disconnected and the LNG Ship is cleared for departure and able to depart. If the LNG Ship tenders a valid NOR outside the applicable Arrival Window, while Seller shall exercise reasonable endeavours to berth the LNG Ship as soon as possible, Used Laytime shall only commence once the LNG Ship is all fast at the berth. The period of Allowed Laytime at the Loading Port shall be as set forth in the applicable Confirmation Notice. In the event Used Laytime exceeds Allowed Laytime, Seller shall pay to Buyer (i) demurrage at the daily rate set forth in the applicable Confirmation Notice and (ii) an amount of excess boil-off for the relevant LNG Cargo equal to: Contract Price x gross volumetric cargo capacity of the LNG Ship x daily Deemed Boil-off Rate in the applicable Confirmation Notice x the number of days (or pro rata for part thereof) the Used Laytime exceeds the Allowed Laytime The Parties undertake that the demurrage and excess boil-off payments under this Paragraph C.21.3 C.5.3 constitute the sole and exclusive compensation payable if the loading of an LNG Ship has not been completed within the Allowed Laytime. However, if such delay also affects the delivery of subsequent LNG Cargoes to Buyer scheduled in accordance with the Confirmation Notice, Buyer and Seller shall consult in good faith to modify the Arrival Window in respect of such subsequent LNG Cargoes under that Confirmation Notice so as to facilitate delivery of such LNG Cargoes. Solely for the computation of demurrage and excess boil-off to be paid by Seller (and not in relation to a Failure to Take or Failure to Deliver), any time lost as a result of any of the following shall be added to Allowed Laytime: reasons attributable to the fault of Buyer, the Transporter, the LNG Ship or its master, crew, owner or operator; Force Majeure; 50% of any Adverse Weather; time before berthing during which normal operation at the Loading Port is prohibited by law, regulation, order or decree; and time required to purge and or cooldown the LNG Ship (provided that the requirement for such purge or cooldown is not caused by a reason attributable to the fault of Seller or Seller’s Facilities). Without prejudice to Buyer’s right to receive demurrage and excess boil-off in accordance with Paragraph C.21.3C.5.3, if any problem occurs or is foreseen to occur so as to cause delay to an LNG Ship in berthing, loading and/or departing which results or is expected to result in Used Laytime exceeding Allowed Laytime, Seller and Buyer shall discuss the problem in good faith and use their reasonable endeavours to minimise such delay and, at the same time, cooperate with each other to identify measures which can be adopted to minimise or to avoid the occurrence of any similar delay in the future. Buyer shall invoice Seller pursuant to Clause 11.3 for amounts due under Paragraph C.21.3 C.5.3 and shall provide the relevant documents and calculations in support of such amount, and Seller shall pay such invoice in accordance with the terms of Clause 11.4.1.3. Cool-down Requirements and Boil-off

Appears in 1 contract

Samples: Master LNG Sale and Purchase Agreement

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Notices of LNG Ship Movements and Characteristics of LNG Cargoes. With respect to each LNG Cargo to be delivered to Buyer pursuant to a the Confirmation Notice, Buyer Seller shall give, or cause the master of the relevant LNG Ship to give, to SellerBuyer, the following notices: a first notice, which shall be sent either upon the departure (for the Loading Discharge Port) of the LNG Ship from portthe Loading Port, or as early as reasonably possible and which shall set forth the time and date of departure, and the estimated time of arrival of the LNG Ship at the Loading Discharge Port (the “ETA”). If this ETA changes by more than twelve (12) hours, notice of the corrected ETA shall promptly be given to SellerBuyer; thereafter, a second, third third, fourth and fourth fifth notice, updating or confirming the ETA, which shall be sent at ninetyone hundred and sixty-six eight (96168), seventy two (72), forty-eight (48) and twenty-four (24) hours prior to arrival at the Loading Discharge Port (respectively). If the ETA changes by more than six (6) hours for the second second, third or third notice fourth notices or by more than four one (41) hours hour for the fourth fifth notice, notice of the corrected ETA shall promptly be given to SellerBuyer; a final notice, which shall be sent six (6) hours prior to arrival at the Loading Discharge Port; and a notice of readiness, readiness when the LNG Ship has arrived at the PBS and the LNG Ship is in all respects ready to berth and to load LNG, purge and cool-down excepted unload LNG (“NOR”). The notices referred to above shall be sent by email. BuyerSeller’s notice under Paragraph C.20.1(aD.4.1(a) shall state whether the LNG Ship will require cooldown on arrival at the Loading Port, the estimated volume, expressed in cubic metres, of LNG (including any LNG required for such cool-down) which is to be loaded on unloaded from the LNG Ship at SellerBuyer’s Facilities and any operational deficiencies with respect to the LNG Ship that may affect its port performance. Each further notice given by Buyer Seller under Paragraph C.20.1 D.4.1 shall include details of any significant change in such information since the last such notice was given. Demurrage and Excess Boil-off at Loading Discharge Port Laytime used in loading unloading an LNG Ship (“Used Laytime”) shall begin to count upon the earlier of (i) the LNG Ship being all fast in the berth, (ii) six (6) hours after the tendering of a valid NOR (provided the LNG Ship tenders NOR within the applicable Arrival Window) or (iii) 0600 hours Local Time on the first day of the applicable Arrival Window (provided the LNG Ship tendered a valid NOR prior to the Arrival Window) and shall end when the last loading unloading arm is disconnected and the LNG Ship is cleared for departure and able to depart. If the LNG Ship tenders a valid NOR outside the applicable Arrival Window, while Seller Buyer shall exercise reasonable endeavours to berth the LNG Ship as soon as possible, Used Laytime shall only commence once the LNG Ship is all fast at the berth. The period of Allowed Laytime at the Loading Discharge Port shall be as set forth in the applicable Confirmation Notice. In the event Used Laytime exceeds Allowed Laytime, Seller Buyer shall pay to Buyer Seller (i) demurrage at the daily rate set forth in the applicable Confirmation Notice and (ii) an amount of excess boil-off for the relevant LNG Cargo equal to: Contract Price x gross volumetric cargo capacity of the LNG Ship x daily Deemed Boil-off Rate in the applicable Confirmation Notice x the number of days (or pro rata for part thereof) the Used Laytime exceeds the Allowed Laytime The Parties undertake that the demurrage and excess boil-off payments under this Paragraph C.21.3 D.5.3 constitute the sole and exclusive compensation payable if the loading unloading of an LNG Ship has not been completed within the Allowed Laytime. However, if such delay also affects the delivery of subsequent LNG Cargoes to Buyer scheduled in accordance with the Confirmation Notice, Seller and Buyer and Seller shall consult in good faith to modify the Arrival Window in respect of such subsequent LNG Cargoes under that Confirmation Notice so as to facilitate delivery of such LNG Cargoes. Solely for the computation of demurrage and excess boil-off to be paid by Seller Xxxxx (and not in relation to a Failure to Take or Failure to Deliver), any time lost as a result of any of the following shall be added to Allowed Laytime: reasons attributable to the fault of BuyerSeller, the Transporter, the LNG Ship or its master, crew, owner or operator; Force Majeure; 50% of any Adverse Weather; and time before berthing during which normal operation at the Loading Discharge Port is prohibited by law, regulation, order or decree; and time required to purge and or cooldown the LNG Ship (provided that the requirement for such purge or cooldown is not caused by a reason attributable to the fault of Seller or Seller’s Facilities). Without prejudice to BuyerSeller’s right to receive demurrage and excess boil-off in accordance with Paragraph C.21.3D.5.3, if any problem occurs or is foreseen to occur so as to cause delay to an LNG Ship in berthing, loading unloading and/or departing which results or is expected to result in Used Laytime exceeding Allowed Laytime, Buyer and Seller and Buyer shall discuss the problem in good faith and use their reasonable endeavours to minimise such delay and, at the same time, cooperate with each other to identify measures which can be adopted to minimise or to avoid the occurrence of any similar delay in the future. Buyer shall invoice Seller pursuant to Clause 11.3 for amounts due under Paragraph C.21.3 and shall provide the relevant documents and calculations in support of such amount, and Seller shall pay such invoice in accordance with the terms of Clause 11.4.1.3. Cool-down Requirements and Boil-off.

Appears in 1 contract

Samples: Master LNG Sale and Purchase Agreement

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