Compensation for Excess Boil‑Off Sample Clauses

Compensation for Excess Boil‑Off. (a) If, following the effectiveness of the Final Notice, an LNG Tanker is delayed in proceeding from the anchorage, berthing or commencing unloading for reasons attributable to Buyer that are not excused by this Agreement, and if, as a result of such delay, the commencement of unloading is delayed beyond thirty (30) hours after the Final Notice is effective, then for each full hour by which commencement of unloading is delayed beyond such thirty (30)-hour period for reasons attributable to Buyer that are unexcused by this Agreement, Buyer shall pay Seller (to compensate for boil‑off during such delay) an amount equal to the product of (i) the quantity of such boil-off (in MMBtu), multiplied by (ii) the Contract Sales Price applicable to such cargo. The hourly boil‑off rate to be applied for such purpose shall be determined by actual average boil‑off experience of the LNG Tanker as determined at appropriate intervals and under similar circumstances, but the total boil‑off during such delay shall never exceed the quantity of LNG on board the LNG Tanker at the commencement of the relevant thirty (30)-hour period. Seller shall invoice Buyer for amounts due under this Section 11.10(a), and Buyer shall pay each such invoice in accordance with Article 18. In the event of a delay after the Final Notice in the commencement of unloading LNG from Seller's LNG Tanker in excess of twenty-four (24) hours for reasons attributable to Buyer that are not excused under this Agreement ("Excess Delay"), Seller shall notify Buyer, at the xxxx Xxxxxx becomes aware of such delay, of the estimated Gross Heating Value of such LNG at such time and the rate at which such Gross Heating Value is increasing. If, as a result of such Excess Delay, Seller's LNG fails to meet the quality requirements provided under Section 8.1 by reason of the Gross Heating Value of the LNG and/or the mole fraction composition exceeding the limits thereof and such LNG would have met such quality specifications when unloaded but for such Excess Delay, then (i) Buyer may waive the applicable quality standards to the extent necessary to accept such LNG and accept such LNG; provided, however, that, under such circumstances, Seller shall not be responsible for any of Buyer's incremental costs that result from such increased Gross Heating Value or changed mole fraction composition, as otherwise provided under Section 8.3, if such LNG, when unloaded, does not exceed the Gross Heating Value notified by Seller adjus...
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