Allowed Laytime. 7.5.1 Subject to Clause 7.5.2, the period of time (“Allowed Laytime”) allowed for the Operator to unload each LNG Vessel shall be as follows: Scheduled Cargo Size (m3) Allowed Laytime between 130,000 m3 – 150,000 m3 (both inclusive) 36 hours between 150,000 m3 – 170,000 m3 36 hours plus 1 hour per 8,000 m3 (or part thereof) in excess of 150,000 m3 Allowed Laytime shall begin to count upon the LNG Vessel being all fast alongside the FSRU and all lines connected at the FSRU Site. 7.5.2 Allowed Laytime shall be extended by any period of delay which is caused by one or more of the following: (a) the provision of any Ancillary Services; (b) any act or omission of any User Party, User’s LNG supplier or Transporter or master of an LNG Vessel; (c) breach of any obligations or undertakings by the User under this Agreement; (d) any inability of an LNG Vessel to unload at a rate equal to 8,000 m3 per hour; (e) the carrying out of Scheduled Works; (f) compliance or non-compliance by any person with the Terminal Operating Manual or regulations in effect at the Port (unless such delay is for reasons attributable to the FSRU or an Operator Party); (g) Adverse Weather Conditions; (h) any inability of an LNG Vessel to receive vapour return at the required rate; (i) any inability of an LNG Vessel to manage boil-off or vapour return by own means such as use of gas combustion unit (GCU) or steam dumping; (j) failure by the LNG Vessel to provide the necessary number of manifold connections; (k) an Event of Force Majeure; (l) lack of or insufficient natural gas off-take capacity; (m) failure to comply with the LNG Specification; and (n) any time lost as a result of any restriction imposed upon an LNG Vessel preventing it from departing from the FSRU (including tidal restrictions congestion, restrictions related to fog, current, wind, travelling outside daylight hours, or similar). 7.5.3 If Actual Laytime exceeds Allowed Laytime (as extended under Clause 7.5.2), the Operator shall reimburse the User for any demurrage payable by the User to the User’s relevant LNG supplier or relevant Transporter as a result thereof, up to an amount equal to the Demurrage Rate per day for such excess period, and pro rata for any partial day, and subject to a cap of five (5) days payable per one (1) event. 7.5.4 Save as provided under Clause 7.5.3, the Operator shall (to the greatest extent permitted by Applicable Laws) have no other liability under or in connection with this Agreement, with respect to any failure or delay in the unloading of LNG from any LNG Vessel (including the berthing and departure thereof), howsoever arising.
Appears in 4 contracts
Samples: Terminal Use Agreement, Terminal Use Agreement, Terminal Use Agreement
Allowed Laytime. 7.5.1 Subject to Clause 7.5.2, the period of time (“Allowed Laytime”) allowed for the Operator to unload each LNG Vessel (“Allowed Laytime”) shall be as follows: Scheduled Cargo Size thirty-six (36) consecutive hours, provided that the volume of LNG to be unloaded is less than or equal to one hundred sixty-six thousand seven hundred cubic meters (166,700 m3) ). Allowed Laytime between 130,000 m3 – 150,000 m3 for an LNG Vessel shall commence once it is safely berthed (both inclusiveall fast) 36 hours between 150,000 m3 – 170,000 m3 36 hours plus 1 hour per 8,000 m3 alongside the FSRU. If the volume of LNG to be unloaded is greater than one hundred sixty-six thousand seven hundred cubic meters (or part thereof) in excess of 150,000 m3 166,700 m3), subject to Clause 7.5.2, the Allowed Laytime shall begin to count upon the LNG Vessel being all fast alongside the FSRU and all lines connected at the FSRU Sitebe thirty-six (36) hours plus one (1) hour per additional six thousand cubic meters (6,000 m3) (or pro rata for any part of an additional six thousand cubic meters (6,000 m3)).
7.5.2 Allowed Laytime shall be extended by any period of delay which is caused by one or more of the following, save to the extent such delay or the event or circumstance giving rise to such delay is predominately attributable to the Operator or the FSRU Owner:
(a) the provision of any Ancillary ServicesUser Party;
(b) any act or omission of any User Party, User’s LNG supplier or Transporter or master of an LNG Vesseldischarge rate from the LNG Vessel to the FSRU of less than nine thousand cubic meters (9,000 m3) per hour, not including ramp-up period and ramp-down period;
(c) breach of any obligations or undertakings by the User under this Agreementthird party;
(d) any inability an Event of Force Majeure or an LNG Vessel to unload at a rate equal to 8,000 m3 per hourExcusable Event;
(e) the carrying out of Scheduled Works;
(f) compliance or non-compliance by the LNG Vessel with any person with the Terminal Operating Manual Port Regulations, Applicable Laws or regulations in effect at the Port (unless such delay is for reasons attributable to the FSRU or an Operator Party)environmental regulations;
(g) Adverse Weather Conditions;
(h) any inability of an LNG Vessel to receive vapour return at the required rate;
(i) any inability of an LNG Vessel to manage boil-off or vapour return by own means such as use of gas combustion unit (GCU) or steam dumping;
(j) failure by the LNG Vessel to provide the necessary number of manifold connections;
(k) an Event of Force Majeure;
(l) lack of or insufficient natural gas off-take capacity;
(mf) failure to comply with the LNG Specification; andSpecification or the Anti-Rollover Restrictions;
(ng) where the unloading of the Cargo onto the FSRU would exceed the FSRU cargo capacity;
(h) non-compliance with the requirements of Clause 7.2 or the Operating Assumptions;
(i) any time lost as a result of any restriction imposed upon an LNG Vessel preventing it from departing from the FSRU (including tidal restrictions congestion, restrictions related to fog, current, wind, travelling outside daylight hours, or similar); or
(j) failure to comply with the arrival conditions as per the Terminal Operations Manual.
7.5.3 If Actual Laytime exceeds Allowed Laytime (as extended under Clause 7.5.2), the Operator shall reimburse pay to the User for any demurrage payable by the User to the User’s relevant LNG supplier or relevant Transporter as a result thereof, up to an amount equal to the Demurrage Rate per day for such excess period, and pro rata for any partial day, and subject to a cap of five (5) days payable per one (1) event.
7.5.4 Save as provided under Clause 7.5.3, the Operator shall (to the greatest extent permitted by Applicable Laws) have no other liability under or in connection with this Agreement, with respect to any failure or delay in the unloading of LNG from any LNG Vessel (including the berthing and departure thereof), howsoever arising.
Appears in 1 contract
Samples: Terminal Use Agreement
Allowed Laytime. 7.5.1 Subject to Clause 7.5.2, the period of time (“Allowed Laytime”) allowed for the Operator to unload each LNG Vessel (“Allowed Laytime”) shall be as follows: Scheduled Cargo Size thirty-six (36) consecutive hours, provided that the volume of LNG to be unloaded is less than or equal to one hundred sixty-six thousand seven hundred cubic meters (166,700 m3) ). Allowed Laytime between 130,000 m3 – 150,000 m3 for an LNG Vessel shall commence once it is safely berthed (both inclusiveall fast) 36 hours between 150,000 m3 – 170,000 m3 36 hours plus 1 hour per 8,000 m3 alongside the FSRU. If the volume of LNG to be unloaded is greater than one hundred sixty-six thousand seven hundred cubic meters (or part thereof) in excess of 150,000 m3 166,700 m3), subject to Clause 7.5.2, the Allowed Laytime shall begin to count upon the LNG Vessel being all fast alongside the FSRU and all lines connected at the FSRU Sitebe thirty-six (36) hours plus one (1) hour per additional six thousand cubic meters (6,000 m3) (or pro rata for any part of an additional six thousand cubic meters (6,000 m3)).
7.5.2 Allowed Laytime shall be extended by any period of delay which is caused by one or more of the following, save to the extent such delay or the event or circumstance giving rise to such delay is predominately attributable to the Operator or the FSRU Owner:
(a) the provision of any Ancillary ServicesUser Party;
(b) any act or omission of any User Party, User’s LNG supplier or Transporter or master of an LNG Vesseldischarge rate from the LNG Vessel to the FSRU of less than nine thousand cubic meters (9,000 m3) per hour, not including ramp-up period and ramp-down period;
(c) breach of any obligations or undertakings by the User under this Agreementthird party;
(d) any inability an Event of Force Majeure or an LNG Vessel to unload at a rate equal to 8,000 m3 per hourExcusable Event;
(e) the carrying out of Scheduled Works;
(f) compliance or non-compliance by the LNG Vessel with any person with the Terminal Operating Manual Port Regulations, Applicable Laws or regulations in effect at the Port (unless such delay is for reasons attributable to the FSRU or an Operator Party)environmental regulations;
(g) Adverse Weather Conditions;
(h) any inability of an LNG Vessel to receive vapour return at the required rate;
(i) any inability of an LNG Vessel to manage boil-off or vapour return by own means such as use of gas combustion unit (GCU) or steam dumping;
(j) failure by the LNG Vessel to provide the necessary number of manifold connections;
(k) an Event of Force Majeure;
(l) lack of or insufficient natural gas off-take capacity;
(mf) failure to comply with the LNG Specification; andSpecification or the Anti-Rollover Restrictions;
(ng) where the unloading of the Cargo onto the FSRU would exceed the FSRU cargo capacity;
(h) non-compliance with the requirements of Clause 7.2 or the Operating Assumptions;
(i) any time lost as a result of any restriction imposed upon an LNG Vessel preventing it from departing from the FSRU (including tidal restrictions restrictions, congestion, restrictions related to fog, current, wind, travelling outside daylight hours, or similar);
(j) failure to comply with the arrival conditions as per the Terminal Operations Manual; or
(k) any period of delay which arises in connection with LPG Transfer Operations.
7.5.3 If Actual Laytime exceeds Allowed Laytime (as extended under Clause 7.5.2), the Operator shall reimburse pay to the User for any demurrage payable by the User to the User’s relevant LNG supplier or relevant Transporter as a result thereof, up to an amount equal to the Demurrage Delay Rate per day for such excess period, and pro rata for any partial day, and subject to a cap of five (5) days payable per one (1) event.
7.5.4 Save as provided under Clause 7.5.3, the Operator shall (to the greatest extent permitted by Applicable Laws) have no other liability under or in connection with this Agreement, with respect to any failure or delay in the unloading of LNG from any LNG Vessel (including the berthing and departure thereof), howsoever arising.
Appears in 1 contract
Samples: Terminal User Agreement
Allowed Laytime. 7.5.1 Subject to Clause 7.5.2, the period of time (“Allowed Laytime”) allowed for the Operator to unload each LNG Vessel (“Allowed Laytime”) shall be as follows: Scheduled Cargo Size thirty-six (36) consecutive hours, provided that the volume of LNG to be unloaded is less than or equal to one hundred sixty-six thousand seven hundred cubic meters (166,700 m3) ). Allowed Laytime between 130,000 m3 – 150,000 m3 for an LNG Vessel shall commence once it is safely berthed (both inclusiveall fast) 36 hours between 150,000 m3 – 170,000 m3 36 hours plus 1 hour per 8,000 m3 alongside the FSRU. If the volume of LNG to be unloaded is greater than one hundred sixty-six thousand seven hundred cubic meters (or part thereof) in excess of 150,000 m3 166,700 m3), subject to Clause 7.5.2, the Allowed Laytime shall begin to count upon the LNG Vessel being all fast alongside the FSRU and all lines connected at the FSRU Sitebe thirty-six (36) hours plus one (1) hour per additional six thousand cubic meters (6,000 m3) (or pro rata for any part of an additional six thousand cubic meters (6,000 m3)).
7.5.2 Allowed Laytime shall be extended by any period of delay which is caused by one or more of the following, save to the extent such delay or the event or circumstance giving rise to such delay is predominately attributable to the Operator or the FSRU Owner:
(a) the provision of any Ancillary ServicesUser Party;
(b) any act or omission of any User Party, User’s LNG supplier or Transporter or master of an LNG Vesseldischarge rate from the LNG Vessel to the FSRU of less than nine thousand cubic meters (9,000 m3) per hour, not including ramp-up period and ramp-down period;
(c) breach of any obligations or undertakings by the User under this Agreementthird party;
(d) any inability an Event of Force Majeure or an LNG Vessel to unload at a rate equal to 8,000 m3 per hourExcusable Event;
(e) the carrying out of Scheduled Works;
(f) compliance or non-compliance by the LNG Vessel with any person with the Terminal Operating Manual Port Regulations, Applicable Laws or regulations in effect at the Port (unless such delay is for reasons attributable to the FSRU or an Operator Party)environmental regulations;
(g) Adverse Weather Conditions;
(h) any inability of an LNG Vessel to receive vapour return at the required rate;
(i) any inability of an LNG Vessel to manage boil-off or vapour return by own means such as use of gas combustion unit (GCU) or steam dumping;
(j) failure by the LNG Vessel to provide the necessary number of manifold connections;
(k) an Event of Force Majeure;
(l) lack of or insufficient natural gas off-take capacity;
(mf) failure to comply with the LNG Specification; andSpecification or the Anti-Rollover Restrictions;
(ng) where the unloading of the Cargo onto the FSRU would exceed the FSRU cargo capacity;
(h) non-compliance with the requirements of Clause 7.2 or the Operating Assumptions;
(i) any time lost as a result of any restriction imposed upon an LNG Vessel preventing it from departing from the FSRU (including tidal restrictions congestion, restrictions related to fog, current, wind, travelling outside daylight hours, or similar);
(j) failure to comply with the arrival conditions as per the Terminal Operations Manual; or
(k) any period of delay which arises in connection with LPG Transfer Operations.
7.5.3 If Actual Laytime exceeds Allowed Laytime (as extended under Clause 7.5.2), the Operator shall reimburse pay to the User for any demurrage payable by the User to the User’s relevant LNG supplier or relevant Transporter as a result thereof, up to an amount equal to the Demurrage Rate per day for such excess period, and pro rata for any partial day, and subject to a cap of five (5) days payable per one (1) event.
7.5.4 Save as provided under Clause 7.5.3, the Operator shall (to the greatest extent permitted by Applicable Laws) have no other liability under or in connection with this Agreement, with respect to any failure or delay in the unloading of LNG from any LNG Vessel (including the berthing and departure thereof), howsoever arising.
Appears in 1 contract
Samples: Terminal Use Agreement
Allowed Laytime. 7.5.1 Subject to Clause 7.5.2, the period of time (“Allowed Laytime”) allowed for the Operator to unload each LNG Vessel (“Allowed Laytime”) shall be as follows: Scheduled Cargo Size thirty-six (36) consecutive hours, provided that the volume of LNG to be unloaded is less than or equal to one hundred sixty-six thousand seven hundred cubic meters (166,700 m3) ). Allowed Laytime between 130,000 m3 – 150,000 m3 for an LNG Vessel shall commence once it is safely berthed (both inclusiveall fast) 36 hours between 150,000 m3 – 170,000 m3 36 hours plus 1 hour per 8,000 m3 alongside the FSRU. If the volume of LNG to be unloaded is greater than one hundred sixty-six thousand seven hundred cubic meters (or part thereof) in excess of 150,000 m3 166,700 m3), subject to Clause 7.5.2, the Allowed Laytime shall begin to count upon the LNG Vessel being all fast alongside the FSRU and all lines connected at the FSRU Sitebe thirty-six (36) hours plus one (1) hour per additional six thousand cubic meters (6,000 m3) (or pro rata for any part of an additional six thousand cubic meters (6,000 m3)).
7.5.2 Allowed Laytime shall be extended by any period of delay which is caused by one or more of the following, save to the extent such delay or the event or circumstance giving rise to such delay is predominately attributable to the Operator or the FSRU Owner:
(a) the provision of any Ancillary ServicesUser Party;
(b) any act or omission of any User Party, User’s LNG supplier or Transporter or master of an LNG Vesseldischarge rate from the LNG Vessel to the FSRU of less than nine thousand cubic meters (9,000 m3) per hour, not including ramp-up period and ramp-down period;
(c) breach of any obligations or undertakings by the User under this Agreementthird party;
(d) any inability an Event of Force Majeure or an LNG Vessel to unload at a rate equal to 8,000 m3 per hourExcusable Event;
(e) the carrying out of Scheduled Works;
(f) compliance or non-compliance by the LNG Vessel with any person with the Terminal Operating Manual Port Regulations, Applicable Laws or regulations in effect at the Port (unless such delay is for reasons attributable to the FSRU or an Operator Party)environmental regulations;
(g) Adverse Weather Conditions;
(h) any inability of an LNG Vessel to receive vapour return at the required rate;
(i) any inability of an LNG Vessel to manage boil-off or vapour return by own means such as use of gas combustion unit (GCU) or steam dumping;
(j) failure by the LNG Vessel to provide the necessary number of manifold connections;
(k) an Event of Force Majeure;
(l) lack of or insufficient natural gas off-take capacity;
(mf) failure to comply with the LNG Specification; andSpecification or the Anti-Rollover Restrictions;
(ng) where the unloading of the Cargo onto the FSRU would exceed the FSRU cargo capacity;
(h) non-compliance with the requirements of Clause 7.2 or the Operating Assumptions;
(i) any time lost as a result of any restriction imposed upon an LNG Vessel preventing it from departing from the FSRU (including tidal restrictions congestion, restrictions related to fog, current, wind, travelling outside daylight hours, or similar); or
(j) failure to comply with the arrival conditions as per the Terminal Operations Manual.
7.5.3 If Actual Laytime exceeds Allowed Laytime (as extended under Clause 7.5.2), the Operator shall reimburse pay to the User for any demurrage payable by the User to the User’s relevant LNG supplier or relevant Transporter as a result thereof, up to an amount equal to the Demurrage Delay Rate per day for such excess period, and pro rata for any partial day, and subject to a cap of five (5) days payable per one (1) event.
7.5.4 Save as provided under Clause 7.5.3, the Operator shall (to the greatest extent permitted by Applicable Laws) have no other liability under or in connection with this Agreement, with respect to any failure or delay in the unloading of LNG from any LNG Vessel (including the berthing and departure thereof), howsoever arising.
Appears in 1 contract
Samples: Terminal User Agreement
Allowed Laytime.
7.5.1 Subject to Clause 7.5.2, the period of time (“Allowed Laytime”) allowed for the Operator to unload each LNG Vessel (“Allowed Laytime”) shall be as follows: Scheduled Cargo Size thirty-six (36) consecutive hours, provided that the volume of LNG to be unloaded is less than or equal to one hundred sixty-six thousand seven hundred cubic meters (166,700 m3) ). Allowed Laytime between 130,000 m3 – 150,000 m3 for an LNG Vessel shall commence once it is safely berthed (both inclusiveall fast) 36 hours between 150,000 m3 – 170,000 m3 36 hours plus 1 hour per 8,000 m3 alongside the FSRU. If the volume of LNG to be unloaded is greater than one hundred sixty-six thousand seven hundred cubic meters (or part thereof) in excess of 150,000 m3 166,700 m3), subject to Clause 7.5.2, the Allowed Laytime shall begin to count upon the LNG Vessel being all fast alongside the FSRU and all lines connected at the FSRU Sitebe thirty-six (36) hours plus one (1) hour per additional six thousand cubic meters (6,000 m3) (or pro rata for any part of an additional six thousand cubic meters (6,000 m3)).
7.5.2 Allowed Laytime shall be extended by any period of delay which is caused by one or more of the following, save to the extent such delay or the event or circumstance giving rise to such delay is predominately attributable to the Operator or the FSRU Owner:
(a) the provision of any Ancillary ServicesUser Party;
(b) any act or omission of any User Party, User’s LNG supplier or Transporter or master of an LNG Vesseldischarge rate from the LNG Vessel to the FSRU of less than nine thousand cubic meters (9,000 m3) per hour, not including ramp-up period and ramp-down period;
(c) breach of any obligations or undertakings by the User under this Agreementthird party;
(d) any inability an Event of Force Majeure or an LNG Vessel to unload at a rate equal to 8,000 m3 per hourExcusable Event;
(e) the carrying out of Scheduled Works;
(f) compliance or non-compliance by the LNG Vessel with any person with the Terminal Operating Manual Port Regulations, Applicable Laws or regulations in effect at the Port (unless such delay is for reasons attributable to the FSRU or an Operator Party)environmental regulations;
(g) Adverse Weather Conditions;
(h) any inability of an LNG Vessel to receive vapour return at the required rate;
(i) any inability of an LNG Vessel to manage boil-off or vapour return by own means such as use of gas combustion unit (GCU) or steam dumping;
(j) failure by the LNG Vessel to provide the necessary number of manifold connections;
(k) an Event of Force Majeure;
(l) lack of or insufficient natural gas off-take capacity;
(mf) failure to comply with the LNG Specification; andSpecification or the Anti-Rollover Restrictions;
(ng) where the unloading of the Cargo onto the FSRU would exceed the FSRU cargo capacity;
(h) non-compliance with the requirements of Clause 7.2 or the Operating Assumptions;
(i) any time lost as a result of any restriction imposed upon an LNG Vessel preventing it from departing from the FSRU (including tidal restrictions congestion, restrictions related to fog, current, wind, travelling outside daylight hours, or similar); or
(j) failure to comply with the arrival conditions as per the Terminal Operations Manual.
7.5.3 If Actual Laytime exceeds Allowed Laytime (as extended under Clause 7.5.2), the Operator shall reimburse pay to the User for any demurrage payable by the User to the User’s relevant LNG supplier or relevant Transporter as a result thereof, up to an amount equal to the Demurrage Delay Rate per day for such excess period, and pro rata for any partial day, and subject to a cap of five (5) days payable per one (1) event.
7.5.4 Save as provided under Clause 7.5.3, the Operator shall (to the greatest extent permitted by Applicable Laws) have no other liability under or in connection with this Agreement, with respect to any failure or delay in the unloading of LNG from any LNG Vessel (including the berthing and departure thereof), howsoever arising.
Appears in 1 contract
Samples: Terminal Use Agreement