Common use of BERTH LAYTIME Clause in Contracts

BERTH LAYTIME. 8.1 The allotted laytime for each LNG Tanker (“Allotted Laytime”) shall be (i) for an LNG Tanker with an LNG cargo containment capacity of *** (***) Cubic Meters or less, thirty-six (36) hours and (ii) for an LNG Tanker with an LNG cargo containment capacity of greater than *** (***) Cubic Meters, according to the following formula: 36 + x = Allotted Laytime (in hours) where: x = y/12,000 Cubic Meters; and y = the LNG cargo containment capacity of the LNG Tanker in excess of *** (***) Cubic Meters). 8.2 Allotted Laytime shall be extended by any period of delay that is caused by: 8.2.1 reasons attributable to the Transporter, a Governmental Authority, the LNG Tanker or its master, crew, owner or operator or any Third Party outside of the reasonable control of Project Co; 8.2.2 force majeure or Adverse Weather Conditions; 8.2.3 unscheduled curtailment or temporary discontinuation of operations at the Corpus Christi Facility (or Alternate Production Facility, as applicable) necessary for reasons of safety, except to the extent such unscheduled curtailment or temporary discontinuation of operations is due to Project Co’s failure to operate and maintain its facilities as a Reasonable and Prudent Operator; 8.2.4 time at berth during cool-down pursuant to Paragraphs 13.1.1 and 13.1.3; and 8.2.5 night-time transit restrictions. 8.3 The actual laytime for each LNG Tanker ("Actual Laytime") shall commence when the Notice of Readiness is effective and shall end when (i) the LNG transfer and return lines of the LNG Tanker are disconnected from the Corpus Christi Facility’s (or Alternate Production Facility’s, as applicable) LNG transfer and return lines, (ii) the cargo documents are on board of the LNG Tanker and (iii) the LNG Tanker is cleared for departure and able to depart. 8.4 In the event Actual Laytime exceeds Allotted Laytime (including any extension in accordance with Paragraph 8.2) ("Demurrage Event"), Project Co shall pay to the Transporter as liquidated damages demurrage at the daily demurrage rate set forth in Section 7.13.3(a) of the DES SPA. If a Demurrage Event occurs, the Transporter shall invoice Project Co for such demurrage within one hundred eighty (180) Days of such event. 8.5 If an LNG Tanker is delayed in berthing at the Corpus Christi Facility (or Alternate Production Facility, as applicable) and/or commencement of LNG transfer due to an event occurring at the Corpus Christi Facility (or Alternate Production Facility, as applicable) and for a reason that would not result in an extension of Allotted Laytime under Paragraph 8.2, and if, as a result thereof, the commencement of LNG transfer is delayed beyond twenty-four (24) hours after the Notice of Readiness is effective, then, for each full hour by which commencement of LNG transfer is delayed beyond such twenty-four (24) hour period, Project Co shall pay the Transporter as liquidated damages an amount, on account of excess boil-off, equal to the DES CSP applicable to such cargo, multiplied by a quantity equal to *** percent (***%) of the cargo containment capacity of the applicable LNG Tanker (in MMBtu), multiplied by the duration of the Demurrage Event (in hours). Transporter shall invoice Project Co for such excess boil-off within one hundred eighty (180) Days after the applicable event.

BERTH LAYTIME. 8.1 The allotted laytime for each LNG Tanker (“Allotted Laytime”) shall be (i) for an LNG Tanker with an LNG cargo containment capacity of *** (***) Cubic Meters or less, thirty-six (36) hours and (ii) for an LNG Tanker with an LNG cargo containment capacity of greater than *** (***) Cubic Meters, according to the following formula: 36 + x = Allotted Laytime (in hours) where: x = y/12,000 Cubic Meters; and y = the LNG cargo containment capacity of the LNG Tanker in excess of *** (***) Cubic Meters). 8.2 Allotted Laytime shall be extended by any period of delay that is caused by: 8.2.1 reasons attributable to the Transporter, a Governmental Authority, the LNG Tanker or its master, crew, owner or operator or any Third Party outside of the reasonable control of Project Co; 8.2.2 force majeure or Adverse Weather Conditions; 8.2.3 unscheduled curtailment or temporary discontinuation of operations at the Corpus Christi Facility (or Alternate Production Facility, as applicable) necessary for reasons of safety, except to the extent such unscheduled curtailment or temporary discontinuation of operations is due to Project Co’s failure to operate and maintain its facilities as a Reasonable and Prudent Operator; 8.2.4 time at berth during cool-down pursuant to Paragraphs 13.1.1 and 13.1.3; and 8.2.5 night-time transit restrictions. 8.3 The actual laytime for each LNG Tanker ("Actual Laytime") shall commence when the Notice of Readiness is effective and shall end when (i) the LNG transfer and return lines of the LNG Tanker are disconnected from the Corpus Christi Facility’s (or Alternate Production Facility’s, as applicable) LNG transfer and return lines, (ii) the cargo documents are on board of the LNG Tanker and (iii) the LNG Tanker is cleared for departure and able to depart. 8.4 In the event Actual Laytime exceeds Allotted Laytime (including any extension in accordance with Paragraph 8.28.1) ("Demurrage Event"), Project Co shall pay to the Transporter as liquidated damages demurrage at the daily demurrage rate set forth in Section 7.13.3(a) of the DES SPA. If a Demurrage Event occurs, the Transporter shall invoice Project Co for such demurrage within one hundred eighty (180) Days of such event. 8.5 If an LNG Tanker is delayed in berthing at the Corpus Christi Facility (or Alternate Production Facility, as applicable) and/or commencement of LNG transfer due to an event occurring at the Corpus Christi Facility (or Alternate Production Facility, as applicable) and for a reason that would not result in an extension of Allotted Laytime under Paragraph 8.28.1, and if, as a result thereof, the commencement of LNG transfer is delayed beyond twenty-four (24) hours after the Notice of Readiness is effective, then, for each full hour by which commencement of LNG transfer is delayed beyond such twenty-four (24) hour period, Project Co shall pay the Transporter as liquidated damages an amount, on account of excess boil-off, equal to the DES CSP applicable to such cargo, multiplied by a quantity equal to *** percent (***%) of the cargo containment capacity of the applicable LNG Tanker (in MMBtu), multiplied by the duration of the Demurrage Event (in hours). Transporter shall invoice Project Co for such excess boil-off within one hundred eighty (180) Days after the applicable event.

BERTH LAYTIME. 8.1 7.12.1 The allotted laytime for each LNG Tanker (“Allotted Laytime”) shall be (i) for an LNG Tanker with an LNG cargo containment capacity of *** one hundred forty thousand (***140,000) Cubic Meters or less, thirty-six (36) hours and (ii) for an LNG Tanker with an LNG cargo containment capacity of greater than *** one hundred forty thousand (***140,000) Cubic Meters, according to the following formula: 36 + x = Allotted Laytime (in hours) where: x = y/12,000 Cubic Meters; and y = the LNG cargo containment capacity of the LNG Tanker in excess of *** one hundred forty thousand (***140,000) Cubic Meters). 8.2 ) Allotted Laytime shall be extended by any period of delay that is caused by: 8.2.1 (a) reasons attributable to the TransporterBuyer, a Governmental Authority, Transporter, the LNG Tanker or its master, crew, owner or operator or any Third Party outside of the reasonable control of Project CoSeller; 8.2.2 force majeure (b) Force Majeure or Adverse Weather Conditions; 8.2.3 (c) unscheduled curtailment or temporary discontinuation of operations at the Corpus Christi Facility (or Alternate Production Facility, as applicable) necessary for reasons of safety, except to the extent such unscheduled curtailment or temporary discontinuation of operations is due to Project CoSeller’s or its Affiliate’s failure to operate and maintain its facilities as a Reasonable and Prudent Operator; 8.2.4 (d) time at berth during cool-down pursuant to Paragraphs 13.1.1 Sections 7.16.1(a) and 13.1.3(c); and 8.2.5 night-time (e) nighttime transit restrictions. 8.3 7.12.2 The actual laytime for each LNG Tanker ("“Actual Laytime"”) shall commence when the Notice of Readiness NOR is effective and shall end when (i) the LNG transfer and return lines of the LNG Tanker are disconnected from the Corpus Christi Facility’s (or Alternate Production Facility’s, as applicable) LNG transfer and return lines, (ii) the cargo documents are on board of the LNG Tanker and (iii) the LNG Tanker is cleared for departure and able to depart. 8.4 7.12.3 In the event Actual Laytime exceeds Allotted Laytime (including any extension in accordance with Paragraph 8.2Section 7.12.1) ("“Demurrage Event"”), Project Co Seller shall pay to the Transporter Buyer as liquidated damages demurrage in USD (which shall be prorated for a portion of a Day) at the daily demurrage a rate set forth in Section 7.13.3(aof USD eighty thousand (US$80,000) of the DES SPAper Day. If a Demurrage Event occurs, the Transporter Buyer shall invoice Project Co Seller for such demurrage within one hundred eighty (180) Days of such eventpursuant to Section 10.1.5. 8.5 7.12.4 If an LNG Tanker is delayed in berthing at the Corpus Christi Facility (or Alternate Production Facility, as applicable) and/or commencement of LNG transfer due to an event occurring at the Corpus Christi Facility (or Alternate Production Facility, as applicable) and for a reason that would not result in an extension of Allotted Laytime under Paragraph 8.2Section 7.12.1, and if, as a result thereof, the commencement of LNG transfer is delayed beyond twenty-four (24) hours after the Notice of Readiness NOR is effective, then, for each full hour by which commencement of LNG transfer is delayed beyond such twenty-four (24) hour period, Project Co Seller shall pay the Transporter Buyer as liquidated damages an amount, on account of excess boil-boil- off, equal to the DES CSP applicable to for such cargo, Month multiplied by a quantity (in MMBtu) equal to *** zero decimal zero zero five seven three percent (***0.00573%) of the cargo containment capacity of such LNG Tanker; provided that in no event shall the applicable quantity of MMBtu used in the calculation of this Section 7.12.4 exceed the quantity of LNG on board the LNG Tanker (in MMBtu), multiplied by at the duration of the Demurrage Event (in hours)time it issued its valid NOR. Transporter Buyer shall invoice Project Co Seller for such excess boil-off within one hundred eighty (180) Days after the applicable eventevent pursuant to Section 10.1.5.

BERTH LAYTIME. 8.1 The allotted laytime for each LNG Tanker (“Allotted Laytime”) shall be (i) for an LNG Tanker with an LNG cargo containment capacity of *** (***) Cubic Meters or less, thirty-six (36) hours and (ii) for an LNG Tanker with an LNG cargo containment capacity of greater than *** (***) Cubic Meters, according to the following formula: 36 + x = Allotted Laytime (in hours) where: x = y/12,000 Cubic Meters; and y = the LNG cargo containment capacity of the LNG Tanker in excess of *** (***) Cubic Meters). 8.2 Allotted Laytime shall be extended by any period of delay that is caused by: 8.2.1 reasons attributable to the Transporter, a Governmental Authority, the LNG Tanker or its master, crew, owner or operator or any Third Party outside of the reasonable control of Project Co; 8.2.2 force majeure or Adverse Weather Conditions; 8.2.3 unscheduled curtailment or temporary discontinuation of operations at the Corpus Christi Facility (or Alternate Production Facility, as applicable) necessary for reasons of safety, except to the extent such unscheduled curtailment or temporary discontinuation of operations is due to Project Co’s failure to operate and maintain its facilities as a Reasonable and Prudent Operator; 8.2.4 time at berth during cool-down pursuant to Paragraphs 13.1.1 and 13.1.3; and 8.2.5 night-time transit restrictions. 8.3 The actual laytime for each LNG Tanker ("“Actual Laytime"”) shall commence when the Notice of Readiness is effective and shall end when (i) the LNG transfer and return lines of the LNG Tanker are disconnected from the Corpus Christi Facility’s (or Alternate Production Facility’s, as applicable) LNG transfer and return lines, (ii) the cargo documents are on board of the LNG Tanker and (iii) the LNG Tanker is cleared for departure and able to depart. 8.4 In the event Actual Laytime exceeds Allotted Laytime (including any extension in accordance with Paragraph 8.2) ("“Demurrage Event"”), Project Co shall pay to the Transporter as liquidated damages demurrage at the daily demurrage rate set forth in Section 7.13.3(a) of the DES SPA. If a Demurrage Event occurs, the Transporter shall invoice Project Co for such demurrage within one hundred eighty (180) Days of such event. 8.5 If an LNG Tanker is delayed in berthing at the Corpus Christi Facility (or Alternate Production Facility, as applicable) and/or commencement of LNG transfer due to an event occurring at the Corpus Christi Facility (or Alternate Production Facility, as applicable) and for a reason that would not result in an extension of Allotted Laytime under Paragraph 8.2, and if, as a result thereof, the commencement of LNG transfer is delayed beyond twenty-four (24) hours after the Notice of Readiness is effective, then, for each full hour by which commencement of LNG transfer is delayed beyond such twenty-four (24) hour period, Project Co shall pay the Transporter as liquidated damages an amount, on account of excess boil-off, equal to the DES CSP applicable to such cargo, multiplied by a quantity equal to *** percent (***%) of the cargo containment capacity of the applicable LNG Tanker (in MMBtu), multiplied by the duration of the Demurrage Event (in hours). Transporter shall invoice Project Co for such excess boil-off within one hundred eighty (180) Days after the applicable event.

BERTH LAYTIME. 8.1 The allotted laytime for each LNG Tanker (“Allotted Laytime”) shall be (i) for an LNG Tanker with an LNG cargo containment capacity of *** (***) Cubic Meters or less, thirty-six (36) hours and (ii) for an LNG Tanker with an LNG cargo containment capacity of greater than *** (***) Cubic Meters, according to the following formula: 36 + x = Allotted Laytime (in hours) where: x = y/12,000 Cubic Meters; and y = the LNG cargo containment capacity of the LNG Tanker in excess of *** (***) Cubic Meters). 8.2 Allotted Laytime shall be extended by any period of delay that is caused by: 8.2.1 reasons attributable to the Transporter, a Governmental Authority, the LNG Tanker or its master, crew, owner or operator or any Third Party outside of the reasonable control of Project Co; 8.2.2 force majeure or Adverse Weather Conditions; 8.2.3 unscheduled curtailment or temporary discontinuation of operations at the Corpus Christi Facility (or Alternate Production Facility, as applicable) necessary for reasons of safety, except to the extent such unscheduled curtailment or temporary discontinuation of operations is due to Project Co’s failure to operate and maintain its facilities as a Reasonable and Prudent Operator; 8.2.4 time at berth during cool-down pursuant to Paragraphs 13.1.1 and 13.1.3; and 8.2.5 night-time transit restrictions. 8.3 The actual laytime for each LNG Tanker ("Actual Laytime") shall commence when the Notice of Readiness is effective and shall end when (i) the LNG transfer and return lines of the LNG Tanker are disconnected from the Corpus Christi Facility’s (or Alternate Production Facility’s, as applicable) LNG transfer and return lines, (ii) the cargo documents are on board of the LNG Tanker and (iii) the LNG Tanker is cleared for departure and able to depart. 8.4 In the event Actual Laytime exceeds Allotted Laytime (including any extension in accordance with Paragraph 8.28.1) ("Demurrage Event"), Project Co shall pay to the Transporter as liquidated damages demurrage at the daily demurrage rate set forth in Section 7.13.3(a) of the DES SPA. If a Demurrage Event occurs, the Transporter shall invoice Project Co for such demurrage within one hundred eighty (180) Days of such event. 8.5 If an LNG Tanker is delayed in berthing at the Corpus Christi Facility (or Alternate Production Facility, as applicable) and/or commencement of LNG transfer due to an event occurring at the Corpus Christi Facility (or Alternate Production Facility, as applicable) and for a reason that would not result in an extension of Allotted Laytime under Paragraph 8.28.1, and if, as a result thereof, the commencement of LNG transfer is delayed beyond twenty-four (24) hours after the Notice of Readiness is effective, then, for each full hour by which commencement of LNG transfer is delayed beyond such twenty-four (24) hour period, Project Co shall pay the Transporter as liquidated damages an amount, on account of excess boil-off, equal to the DES CSP applicable to such cargo, multiplied by a quantity equal to *** percent (***%) of the cargo containment capacity of the applicable LNG Tanker (in MMBtu), multiplied by the duration of the Demurrage Event (in hours). Transporter shall invoice Project Co for such excess boil-off within one hundred eighty (180) Days after the applicable event.. 95

BERTH LAYTIME. 8.1 7.12.1 The allotted laytime for each LNG Tanker (“Allotted Laytime”) shall be thirty (i30) for an LNG Tanker with an LNG cargo containment capacity of *** (***) Cubic Meters or lesshours, thirty-six (36) hours and (ii) for an LNG Tanker with an LNG cargo containment capacity of greater than *** (***) Cubic Meters, according to the following formula: 36 + x = Allotted Laytime (in hours) where: x = y/12,000 Cubic Meters; and y = the LNG cargo containment capacity of the LNG Tanker in excess of *** (***) Cubic Meters). 8.2 Allotted Laytime shall be as extended by any period of delay that is caused by: 8.2.1 (a) reasons attributable to the Transporter, a Governmental Authority, Buyer, the Transporter, the LNG Tanker or its master, crew, owner or operator or any Third Party outside of the reasonable control of Project CoSeller or the operator of the Driftwood LNG Terminal, including security clearance review by the United States Coast Guard; 8.2.2 force majeure (b) Force Majeure or Adverse Weather Conditions; 8.2.3 (c) unscheduled curtailment or temporary discontinuation of operations at the Corpus Christi Facility (or Alternate Production Facility, as applicable) Driftwood LNG Terminal necessary for reasons of safety, except to the extent such unscheduled curtailment or temporary discontinuation of operations is due to Project CoSeller’s failure to operate and maintain its facilities as a Reasonable and Prudent Operator; 8.2.4 (d) time at berth during any cool-down pursuant to Paragraphs 13.1.1 Sections ‎7.16.1(a) and 13.1.3‎(c); (e) time at berth during any gas-up pursuant to Section ‎7.17; (f) nighttime transit restrictions, if applicable; (g) time to transit from the PBS or anchorage location, as applicable, to a berth of the Driftwood LNG Terminal, in the event NOR becomes effective pursuant to Section ‎7.10.2(a)(ii) or ‎7.10.2(b); (h) tidal restrictions; and 8.2.5 night-time transit restrictions(i) any other interruption impacting the Loading Port, including the unavailability or delay of Pilot services, tugs, and other similar interruptions, to the extent such interruptions are not caused by reasons attributable to Seller or the operator of the Driftwood LNG Terminal. 8.3 7.12.2 The actual laytime for each LNG Tanker ("“Actual Laytime"”) shall commence when the Notice of Readiness NOR is effective effective, and shall end when (i) the LNG transfer and return lines last loading arm of the Driftwood LNG Tanker are Terminal (or of any alternate LNG liquefaction terminal agreed to pursuant to Section ‎3.1.2) has been disconnected from the Corpus Christi Facility’s (or Alternate Production Facility’s, as applicable) LNG transfer and return lines, (ii) the cargo documents are on board of the LNG Tanker and (iii) Seller or the operator of the Driftwood LNG Terminal has cleared the LNG Tanker is cleared for departure and able to departdeparture. 8.4 7.12.3 In the event Actual Laytime exceeds Allotted Laytime (including any extension in accordance with Paragraph 8.2as extended pursuant to Section ‎7.12.1) ("“Demurrage Event"”), Project Co Seller shall pay to the Transporter Buyer as liquidated damages demurrage in USD (which shall be prorated for a portion of a Day) at the daily demurrage a rate set forth in Section 7.13.3(aequal to USD [***] (US$[***]) of the DES SPAper Day. If a Demurrage Event occurs, the Transporter Buyer shall invoice Project Co Seller for such demurrage within one hundred eighty ninety (18090) Days of such eventpursuant to Section ‎10.1.4. 8.5 If 7.12.4 In the event (a) an LNG Tanker is delayed in berthing at the Corpus Christi Facility (Driftwood LNG Terminal or Alternate Production Facility, as applicable) and/or commencement of LNG transfer loading due to an event occurring at or near the Corpus Christi Facility Driftwood LNG Terminal (or Alternate Production Facility, as applicableat or near any alternate LNG liquefaction terminal agreed to pursuant to Section ‎3.1.2) (including at the berth) and for a reason that would not result in an extension of Allotted Laytime under Paragraph 8.2Section ‎7.12.1, and if, (b) as a result thereof, the commencement of LNG transfer loading is delayed beyond twenty-four (24) hours after the Notice of Readiness LNG Tanker (i) has either tendered a valid NOR or berthed and (ii) is effectivecleared by the Governmental Authorities to commence loading, then, for each full hour by which commencement of LNG transfer is delayed beyond such twenty-four (24) hour period, Project Co Seller shall pay the Transporter Buyer as liquidated damages an amount, on account of excess boil-off, . The amount payable shall equal to (x) the DES CSP applicable to such cargototal number of full hours by which commencement of LNG loading is delayed beyond the aforementioned twenty-four (24) hour period, multiplied by (y) the CSP, multiplied by (z) a quantity in MMBtu equal to *** percent (***%A) the guaranteed daily ballast rate of boil-off of such LNG Tanker pursuant to Form B of the relevant charterparty or similar description provided by the LNG Tanker’s owner in the relevant charterparty, divided by (B) twenty-four (24) hours per Day, multiplied by (C) the cargo containment capacity of the applicable such LNG Tanker (in MMBtu), multiplied by provided that in no event shall such quantity of MMBtu exceed the duration quantity of LNG onboard the Demurrage Event (in hours)LNG Tanker at the time it issued its valid NOR. Transporter Buyer shall invoice Project Co Seller for such excess boil-off within one hundred eighty ninety (18090) Days after the applicable event, pursuant to Section ‎10.1.4.