Common use of Commingling of LNG in the Terminal Clause in Contracts

Commingling of LNG in the Terminal. 8.6.1 The User acknowledges and agrees that: (a) the Operator may commingle the User’s Inventory with the inventory of any Other User in the Terminal; (b) as a result of such commingling, the User as co-owner (Miteigentümer) will be entitled to the community (Gemeinschaft) of commingled LNG and Gas in the Terminal (the “Community”) for a share pro rata to the quantity of the LNG (expressed in MWh) unloaded by the User into the Terminal at the LNG Receipt Point. For the avoidance of doubt, the Community qualifies as a community of goods (Bruchteilsgemeinschaft), for the purposes of section 947 para. 1 BGB; (c) Gas delivered to the User at the Gas Delivery Point may be of a different quality from the LNG unloaded by the User into the Terminal at the LNG Receipt Point; (d) the User will cease to be a co-owner in the Community eo instante when Gas, resulting from the regasification of LNG, is delivered to the User at the Gas Delivery Point; and (e) by way of deviation from the general provisions regarding community set out in section 947 para. 1 BGB, the following specific provisions shall apply in relation to the Community: (i) the Operator shall be appointed as the manager of the Community, thereby excluding the right, ex section 744 para. 1 BGB, of the User and of the Other Users to (individually and/or collectively) perform acts of management with respect to the Community; (ii) the Operator shall, in deviation from sections 744 para. 1, 747 BGB, be exclusively authorised to institute legal actions and to file petitions to obtain a judicial decision for the benefit of the Community (other than in the case of a claim against the Operator by or on behalf of any Other User entitled to a portion (Bruchteil) of the Community); (iii) as a result of the Operator being designated by the User as the manager of the Community, section 744 para. 1 BGB is replaced by the provisions of this Agreement; and (iv) in deviation from section 749 para. 1 BGB, the User hereby excludes its power to demand division (Aufhebung) of the Community, other than in respect of a delivery of Gas under this Agreement or any delivery of LNG which the Operator may agree with the User to make from time to time.

Commingling of LNG in the Terminal. 8.6.1 The User acknowledges and agrees that: (a) the Operator may commingle the User’s Inventory with the inventory of any Other User in the Terminal; (b) as a result of such commingling, the User as co-owner (Miteigentümer) will be entitled to the community (Gemeinschaft) of commingled LNG and Gas in the Terminal (the “Community”) for a share pro rata to the quantity of the LNG (expressed in MWh) unloaded by the User into the Terminal at the LNG Receipt PointPoint (excluding any Internal Use). For the avoidance of doubt, the Community qualifies as a community of goods (Bruchteilsgemeinschaft), for the purposes of section 947 para. 1 BGB; (c) Gas delivered to the User at the Gas Delivery Point may be of a different quality from the LNG unloaded by the User into the Terminal at the LNG Receipt Point; (d) the User will cease to be a co-owner in the Community eo instante when Gas, resulting from the regasification of LNG, is delivered to the User at the Gas Delivery Point; and (e) by way of deviation from the general provisions regarding community set out in section 947 para. 1 BGB, the following specific provisions shall apply in relation to the Community: (i) the Operator shall be appointed as the manager of the Community, thereby excluding the right, ex section 744 para. 1 BGB, of the User and of the Other Users to (individually and/or collectively) perform acts of management with respect to the Community; (ii) the Operator shall, in deviation from sections 744 para. 1, 747 BGB, be exclusively authorised to institute legal actions and to file petitions to obtain a judicial decision for the benefit of the Community (other than in the case of a claim against the Operator by or on behalf of any Other User entitled to a portion (Bruchteil) of the Community); (iii) as a result of the Operator being designated by the User as the manager of the Community, section 744 para. 1 BGB is replaced by the provisions of this Agreement; and (iv) in deviation from section 749 para. 1 BGB, the User hereby excludes its power to demand division (Aufhebung) of the Community, other than in respect of a delivery of Gas under this Agreement or any delivery of LNG which the Operator may agree with the User to make from time to time.

Commingling of LNG in the Terminal. ‌ 8.6.1 The User acknowledges and agrees that: (a) the Operator may commingle the User’s Inventory with the inventory of any Other User in the Terminal; (b) as a result of such commingling, the User as co-owner (Miteigentümer) will be entitled to the community (Gemeinschaft) of commingled LNG and Gas in the Terminal (the “Community”) for a share pro rata to the quantity of the LNG (expressed in MWh) unloaded by the User into the Terminal at the LNG Receipt PointPoint (excluding any Internal Use). For the avoidance of doubt, the Community qualifies as a community of goods (Bruchteilsgemeinschaft), for the purposes of section 947 para. 1 BGB; (c) Gas delivered to the User at the Gas Delivery Point may be of a different quality from the LNG unloaded by the User into the Terminal at the LNG Receipt Point; (d) the User will cease to be a co-owner in the Community eo instante when Gas, resulting from the regasification of LNG, is delivered to the User at the Gas Delivery Point; and (e) by way of deviation from the general provisions regarding community set out in section 947 para. 1 BGB, the following specific provisions shall apply in relation to the Community: (i) the Operator shall be appointed as the manager of the Community, thereby excluding the right, ex section 744 para. 1 BGB, of the User and of the Other Users to (individually and/or collectively) perform acts of management with respect to the Community; (ii) the Operator shall, in deviation from sections 744 para. 1, 747 BGB, be exclusively authorised to institute legal actions and to file petitions to obtain a judicial decision for the benefit of the Community (other than in the case of a claim against the Operator by or on behalf of any Other User entitled to a portion (Bruchteil) of the Community); (iii) as a result of the Operator being designated by the User as the manager of the Community, section 744 para. 1 BGB is replaced by the provisions of this Agreement; and (iv) in deviation from section 749 para. 1 BGB, the User hereby excludes its power to demand division (Aufhebung) of the Community, other than in respect of a delivery of Gas under this Agreement or any delivery of LNG which the Operator may agree with the User to make from time to time.