Common use of Changes to DES ADP Clause in Contracts

Changes to DES ADP. 4.2.1 DES Buyer requests to change the DES ADP (A) Changes other than a change of Receiving Terminal. In the event DES Buyer submits a request to change the information (other than the Receiving Terminal) set forth in the DES ADP or DES Ninety Day Schedule, as applicable, in respect of any cargo scheduled for delivery thereunder, the Transporter shall be entitled to accept such change request provided that: (1) such requested change is, in the Transporter's opinion acting as a Reasonable and Prudent Operator, operationally feasible taking account of the latest FOB ADP or FOB Ninety Day Schedule or the Swapped Cargo that the Transporter intends to deliver to DES Buyer, as applicable; or (2) the Transporter and Project Co have agreed a corresponding change to the FOB ADP or FOB Ninety Day Schedule, as applicable (including any FOB SCQ), if required, to take account of the change requested by DES Buyer. In the event that such change is not, in the Transporter's opinion acting as a Reasonable and Prudent Operator, operationally feasible (including where such change would result in the FOB ADP becoming uneven or not rateable) and/or would result in increased costs and expenses being suffered or incurred by the Transporter, then the Transporter shall be entitled to reject such change request under the DES SPA. For the avoidance of doubt, any request by DES Buyer to change the Receiving Terminal in respect of a cargo scheduled for delivery in the DES ADP or DES Ninety Day Schedule, as applicable, shall be subject to sub-part (B) below, and the conditions set forth in this Paragraph 4.2.1 shall not apply to any such request.