Common use of Production Facility Clause in Contracts

Production Facility. Swapped Cargo Force Majeure relief in respect of Transporter for an event affecting a Production Facility or Connecting Pipeline: (A) shall only be available with respect to cargoes: (i) that are scheduled to be loaded at such Production Facility in the applicable DES Ninety Day Schedule or DES ADP for such Contract Year, or (to the extent that the DES ADP for the following Contract Year has been issued by the Transporter) in the DES ADP for the following Contract Year and (ii) in respect of a Nominal LNG Facility, that would be scheduled for delivery in a future Contract Year(s) for which the DES ADP has not yet been issued by Transporter, provided that such Swapped Cargo Force Majeure relief shall, in respect of any individual Nominal LNG Facility, be limited to a percentage of the annual contract quantity for the relevant Contract Year equal to the percentage identified for such Nominal LNG Facility in the relevant notice provided by Transporter at the time such Nominal LNG Facility is nominated pursuant to Section 3.2.4(b) of the DES SPA; and (B) shall not be available for an event affecting such Production Facility (or Connecting Pipeline in respect thereof) if such Production Facility (or Connecting Pipeline) was affected by, or could reasonably have been expected to be affected by, such Swapped Cargo Force Majeure event at the time such Production Facility was nominated pursuant to the DES SPA for the relevant cargo.

Appears in 2 contracts

Sources: Shipping Services Agreement (Cheniere Corpus Christi Holdings, LLC), Shipping Services Agreement (Cheniere Corpus Christi Holdings, LLC)