Common use of Compliance and Approval of LNG Vessels Clause in Contracts

Compliance and Approval of LNG Vessels. 7.2.1 The User shall only use LNG Vessels which comply with this Clause 7.2, the LNG Vessel Inspection and Approval Procedures, the Port Regulations, the LNG Vessel specifications pursuant to Schedule 10 (LNG Vessel Specifications) and the Terminal Operating Manual. The Operator shall provide the User with a list of all currently Approved LNG Vessels promptly upon request. 7.2.2 LNG Vessels calling at the FSRU shall be subject to compatibility studies to determine their compatibility or non-compatibility with the FSRU (“Ship-Shore Compatibility Studies” or “SSCS”), which SSCS shall be as per the FSRU Owner’s internal standards (as updated from time to time) and always in line with International LNG Vessel Standards. The User shall cause the Transporter to provide all relevant and reasonably required information for the FSRU Owner to complete the SSCS, including relevant mooring analyses. Subject to any delay from any User Party (including any LNG supplier or Transporter or master of its LNG Vessel), the Operator shall promptly and in any event within five (5) days of the later to occur of: (a) receiving such compatibility checklist (and other information requested by the Operator as a Reasonable and Prudent Operator); and (b) where an inspection is carried out, completion of such inspection; notify the User of the determination of whether or not the LNG Vessel in question is compatible with the FSRU, provided that neither the Operator nor the FSRU Owner shall: (i) be obliged to complete the compatibility assessments for more than two (2) LNG Vessels in any consecutive five (5) Business Day period; (ii) be obliged to respond to further compatibility assessments of another LNG Vessel at a time when two (2) such compatibility assessments are already in progress in respect of other LNG Vessels; or (iii) be obliged to undertake compatibility assessment in the order in which they are received. 7.2.3 Without prejudice to the requirements of Clause 7.2.2, an SSCS shall be required for each LNG Vessel prior to the first occasion on which the LNG Vessel arrives at the Terminal (and, if the LNG Vessel undergoes any material modification or has not called within the preceding twenty-four (24) month period, prior to the first occasion on which the LNG Vessel as so modified or after such period arrives at the Terminal). 7.2.4 Upon prior consultation with, and reasonable notice to, the User, the Operator (or the FSRU Owner) may, at its sole risk and expense, cause or witness an inspection of any LNG Vessel nominated by the User, subject to the following conditions: (a) the Operator shall (and shall, if applicable, cause the FSRU Owner to) act as a Reasonable and Prudent Operator in determining whether such inspection is necessary to ascertain the LNG Vessel’s compliance with the FSRU for the purposes of this Agreement and where to inspect the LNG Vessel, in each case taking into account the objective of maximising the safe, reliable and efficient usage of the LNG Vessel and the FSRU at all times; and (b) any inspection shall be made during the operational working hours of the LNG Vessel, without undue interference with, or delay or hindrances to, the LNG Vessel’s safe and efficient operation. 7.2.5 If the Operator (or the FSRU Owner) determines, acting as a Reasonable and Prudent Operator pursuant to the exercise of the Operator’s (or the FSRU Owner’s) rights of inspection and approval, that any LNG Vessel fails to comply with the requirements set out in this Agreement, the User must not use such LNG Vessel for the purposes of this Agreement unless and until such LNG Vessel is so compliant. 7.2.6 Subject to compliance with the other provisions of this Clause 7.2, the User may: (a) substitute an LNG Vessel with another LNG Vessel: (i) of the same type (being a vessel with the same ship-shore interface arrangement and similar hull drawings) as the original LNG Vessel; or (ii) that was previously approved by the Operator, at any time prior to the end of the Scheduled Arrival Window assigned to the original LNG Vessel, provided the substitute LNG Vessel is identical in relation to the parameters stated in the compatibility checklist for the original LNG Vessel or the most recent compatibility checklist for an LNG Vessel previously approved by Operator (as the case may be); and (b) substitute an LNG Vessel with another LNG Vessel of a different type by notifying the Operator of the proposed substitution before the relevant LNG Vessel departs from the Previous Port if practicable, and in any event no later than fifteen (15) days prior to the ETA for such LNG Vessel (or such later date as the Parties may agree), which notice shall: (i) specify the identity, tonnage, gross loading capacity and length of the substitute LNG Vessel; and (ii) be accompanied by a duly completed compatibility checklist for the substitute LNG Vessel. (c) Following the receipt of such notice and the compatibility checklist, the Operator shall use reasonable endeavours to accommodate such substitution, and shall notify the User whether such substitution can be accommodated as soon as reasonably practicable and in any event no later than seven (7) days after receipt of such notice and compatibility checklist. 7.2.7 The User shall submit, or procure the submission by the owner or master (as may be relevant) of any LNG Vessel of, a copy of the Conditions of Use to the Operator duly executed by that owner or operator or master of that LNG Vessel before the Notice of Readiness is provided to the Operator. The User shall deliver to the Operator the signed original of such Conditions of Use promptly upon receipt. The Operator shall not be obliged to permit (or be obliged to cause to be permitted) the LNG Vessel to berth at the FSRU and unload any Cargo from any LNG Vessel until the master or owner, as may be relevant, of the LNG Vessel has signed the Conditions of Use. 7.2.8 The User shall pay to the Operator the actual documented cost incurred by the FSRU Owner and/or the Operator in undertaking each compatibility and mooring study required under this Agreement. 7.2.9 The User shall ensure that each LNG Vessel that calls at the FSRU shall: (a) be equipped with appropriate systems for communication with the Terminal; (b) be in all respects compatible with the FSRU and approved by the Operator pursuant to the relevant Ship-Shore Compatibility Studies and in compliance with the provisions of this Agreement; (c) have a valid OCIMF SIRE Report relating to a cargo loading and discharge cycle (i.e. which shall not be a bunkering SIRE) less than six (6) months old at the end of the relevant Unloading and Regasification Slot; (d) have signed the Conditions of Use; (e) be operated by officers and crew that have the ability, experience and certificates of competence commensurate with the performance of their duties in accordance with International LNG Vessel Standards; (f) be operated and maintained in accordance with all Applicable Laws (including applicable regulations at the Port), its Classification Society rules and prudent operating practices in accordance with International LNG Vessel Standards; (g) comply with, and will be fully equipped, supplied and maintained to comply with, all applicable International LNG Vessel Standards and Port Authority requirements, including standards and guidelines for marine equipment, manifold compatibility, mooring arrangements and equipment, ship/shore emergency shutdown systems, loading and unloading operations and safety; and (h) be in compliance with the requirements of Schedule 10 (LNG Vessel Specifications). 7.2.10 The Operator shall use reasonable endeavours to accept an LNG Vessel which does not comply with Clause 7.2.9(c) for legitimate reasons (including the LNG Vessel being a newbuild or where the OCIMF SIRE Report is delayed by exceptional circumstances).

Appears in 4 contracts

Samples: Terminal Use Agreement, Terminal Use Agreement, Terminal Use Agreement

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Compliance and Approval of LNG Vessels. 7.2.1 The User shall only use LNG Vessels which comply with this Clause 7.2, the LNG Vessel Inspection and Approval Procedures, Procedures the Port Regulations, the LNG Vessel specifications pursuant to Schedule 10 (LNG Vessel Specifications) and the Terminal Operating Operations Manual. The Operator shall provide the User with a list of all currently Approved LNG Vessels promptly upon request. 7.2.2 LNG Vessels calling at the FSRU shall be subject to compatibility studies to determine their compatibility or non-compatibility with the FSRU (“Ship-Shore Compatibility Studies” or “SSCS”), which SSCS shall be as per the FSRU Owner’s internal standards (as updated from time to time) and always in line with International LNG Vessel Standards. The User shall cause the Transporter to provide all relevant and reasonably required information for the FSRU Owner to complete the SSCS, including relevant mooring analyses. Subject to any delay from any User Party (including any LNG supplier or Transporter or master of its LNG Vessel), the Operator shall promptly and cause the SSCS for LNG Vessels nominated by the User to be completed within the required schedule defined in any event the agreed procedure, but shall always have a minimum period of nine (9) Business Days to perform an SSCS. Notwithstanding the foregoing, the Operator shall cause the FSRU Owner to use reasonable endeavours to complete an SSCS within five (5) days of a shorter period, where requested by the later User. 7.2.3 The User shall pay to occur the Operator a fixed fee of: (a) receiving such compatibility checklist one thousand U.S. Dollars (and other information requested by the Operator as US$1,000) per SSCS for each LNG Vessel that has previously performed an STS Operation or is a Reasonable and Prudent Operator)sister vessel of an LNG Vessel that has previously performed an STS Operation; and (b) where an inspection is carried out, completion of such inspection; notify the User of the determination of whether or not the LNG Vessel in question is compatible with the FSRU, provided that neither the Operator nor the FSRU Owner shall: five thousand U.S. Dollars (iUS$5,000) be obliged to complete the compatibility assessments for more than two (2) LNG Vessels in any consecutive five (5) Business Day period; (ii) be obliged to respond to further compatibility assessments of another LNG Vessel at a time when two (2) such compatibility assessments are already in progress in respect of other LNG Vessels; or (iii) be obliged to undertake compatibility assessment in the order in which they are received. 7.2.3 Without prejudice to the requirements of Clause 7.2.2, an per SSCS shall be required for each LNG Vessel prior to the first occasion on which the LNG Vessel arrives at the Terminal (and, if the LNG Vessel undergoes any material modification or has not called within the preceding twenty-four (24) month period, prior to the first occasion on which the LNG Vessel as so modified or after such period arrives at the Terminal). 7.2.4 Upon prior consultation with, and reasonable notice to, the User, the Operator (or the FSRU Owner) may, at its sole risk and expense, cause or witness an inspection of any LNG Vessel nominated by the User, subject to the following conditions: (a) the Operator shall (and shall, if applicable, cause the FSRU Owner to) act as a Reasonable and Prudent Operator in determining whether such inspection is necessary to ascertain the LNG Vessel’s compliance with the FSRU for the purposes of this Agreement and where to inspect the LNG Vessel, in each case taking into account the objective of maximising the safe, reliable and efficient usage of the LNG Vessel and the FSRU at all times; and (b) any inspection shall be made during the operational working hours of the LNG Vessel, without undue interference with, or delay or hindrances to, the LNG Vessel’s safe and efficient operation. 7.2.5 If the Operator (or the FSRU Owner) determines, acting as a Reasonable and Prudent Operator pursuant to the exercise of the Operator’s (or the FSRU Owner’s) rights of inspection and approval, that any LNG Vessel fails to comply with the requirements set out in this Agreement, the User must not use such LNG Vessel for the purposes of this Agreement unless and until such LNG Vessel is so compliant. 7.2.6 Subject to compliance with the other provisions of this Clause 7.2, the User may: (a) substitute an LNG Vessel with another LNG Vessel: (i) of the same type (being a vessel with the same ship-shore interface arrangement and similar hull drawings) as the original LNG Vessel; orthat has not previously performed an STS Operation; (ii) that was previously approved by the Operator, at any time prior to the end has been modified since its last STS Operation; or (iii) following a modification of the Scheduled Arrival Window assigned to the original LNG Vessel, provided the substitute LNG Vessel is identical in relation to the parameters stated in the compatibility checklist for the original LNG Vessel or the most recent compatibility checklist for an LNG Vessel previously approved by Operator (as the case may be); and (b) substitute an LNG Vessel with another LNG Vessel of a different type by notifying the Operator of the proposed substitution before the relevant LNG Vessel departs from the Previous Port if practicable, and in any event no later than fifteen (15) days prior to the ETA for such LNG Vessel (or such later date as the Parties may agree), which notice shall: (i) specify the identity, tonnage, gross loading capacity and length of the substitute LNG Vessel; and (ii) be accompanied FSRU required by a duly completed compatibility checklist for the substitute LNG Vesselchange in law. (c) Following the receipt of such notice and the compatibility checklist, the Operator shall use reasonable endeavours to accommodate such substitution, and shall notify the User whether such substitution can be accommodated as soon as reasonably practicable and in any event no later than seven (7) days after receipt of such notice and compatibility checklist. 7.2.7 The User shall submit, or procure the submission by the owner or master (as may be relevant) of any LNG Vessel of, a copy of the Conditions of Use to the Operator duly executed by that owner or operator or master of that LNG Vessel before the Notice of Readiness is provided to the Operator. The User shall deliver to the Operator the signed original of such Conditions of Use promptly upon receipt. The Operator shall not be obliged to permit (or be obliged to cause to be permitted) the LNG Vessel to berth at the FSRU and unload any Cargo from any LNG Vessel until the master or owner, as may be relevant, of the LNG Vessel has signed the Conditions of Use. 7.2.8 The User shall pay to the Operator the actual documented cost incurred by the FSRU Owner and/or the Operator in undertaking each compatibility and mooring study required under this Agreement. 7.2.9 7.2.4 The User shall ensure that each LNG Vessel that calls at the FSRU for STS Operations shall: (a) be equipped with appropriate systems for communication with the Terminal; (b) be in all respects compatible with the FSRU and approved by the Operator pursuant to the relevant Ship-Shore Compatibility Studies for the relevant STS Operation and in compliance with the provisions of this Agreement; (c) have a valid OCIMF SIRE Report relating to a cargo loading and discharge cycle (i.e. which shall not be a bunkering SIRE) less than six (6) months old at the end of the relevant Unloading and Regasification Slot; (d) have signed the Conditions of Use; (e) be operated by officers and crew that have the ability, experience and certificates of competence commensurate with the performance of their duties in accordance with International LNG Vessel Standards; (f) be operated and maintained in accordance with all Applicable Laws (including applicable regulations at the Port)and regulations, its Classification Society classification society rules and prudent operating practices in accordance with International LNG Vessel Standards;; and (g) comply with, and will be fully equipped, supplied and maintained to comply with, all applicable International LNG Vessel Standards and Port Authority requirements, including standards and guidelines for marine equipment, manifold compatibility, mooring arrangements and equipment, ship/shore emergency shutdown systems, loading and unloading operations and safety; and (h) be in compliance with the requirements of Schedule 10 (LNG Vessel Specifications). 7.2.10 7.2.5 The Operator shall use reasonable endeavours to accept an LNG Vessel which does not comply with Clause 7.2.9(c7.2.4(c) for legitimate reasons (including the LNG Vessel being a newbuild or where the OCIMF SIRE Report is delayed by exceptional circumstances).

Appears in 2 contracts

Samples: Terminal Use Agreement, Terminal Use Agreement

Compliance and Approval of LNG Vessels. 7.2.1 The User shall only use LNG Vessels which comply with this Clause 7.2, the LNG Vessel Inspection and Approval Procedures, Procedures the Port Regulations, the LNG Vessel specifications pursuant to Schedule 10 (LNG Vessel Specifications) and the Terminal Operating Operations Manual. The Operator shall provide the User with a list of all currently Approved LNG Vessels promptly upon request. 7.2.2 LNG Vessels calling at the FSRU shall be subject to compatibility studies to determine their compatibility or non-compatibility with the FSRU (“Ship-Shore Compatibility Studies” or “SSCS”), which SSCS shall be as per the FSRU Owner’s internal standards (as updated from time to time) and always in line with International LNG Vessel Standards. The User shall cause the its Transporter to provide all relevant and reasonably required information for the FSRU Owner to complete the SSCS, including relevant mooring analyses. Subject to any delay from any User Party (including any the User’s LNG supplier or Transporter or master of its LNG Vessel), the Operator shall promptly and cause the SSCS for LNG Vessels nominated by the User to be completed within the required schedule defined in any event the agreed procedure, but shall always have a minimum period of nine (9) Business Days to perform an SSCS. Notwithstanding the foregoing, the Operator shall cause the FSRU Owner to use reasonable endeavours to complete an SSCS within five (5) days of a shorter period, where requested by the later User. 7.2.3 The User shall pay to occur the Operator a fixed fee of: (a) receiving such compatibility checklist one thousand U.S. Dollars (and other information requested by the Operator as US$1,000) per SSCS required for each LNG Vessel that has previously performed an STS Operation or is a Reasonable and Prudent Operator)sister vessel of an LNG Vessel that has previously performed an STS Operation; and (b) where an inspection is carried out, completion of such inspection; notify the User of the determination of whether or not the LNG Vessel in question is compatible with the FSRU, provided that neither the Operator nor the FSRU Owner shall: five thousand U.S. Dollars (iUS$5,000) be obliged to complete the compatibility assessments for more than two (2) LNG Vessels in any consecutive five (5) Business Day period; (ii) be obliged to respond to further compatibility assessments of another LNG Vessel at a time when two (2) such compatibility assessments are already in progress in respect of other LNG Vessels; or (iii) be obliged to undertake compatibility assessment in the order in which they are received. 7.2.3 Without prejudice to the requirements of Clause 7.2.2, an per SSCS shall be required for each LNG Vessel prior to the first occasion on which the LNG Vessel arrives at the Terminal (and, if the LNG Vessel undergoes any material modification or has not called within the preceding twenty-four (24) month period, prior to the first occasion on which the LNG Vessel as so modified or after such period arrives at the Terminal). 7.2.4 Upon prior consultation with, and reasonable notice to, the User, the Operator (or the FSRU Owner) may, at its sole risk and expense, cause or witness an inspection of any LNG Vessel nominated by the User, subject to the following conditions: (a) the Operator shall (and shall, if applicable, cause the FSRU Owner to) act as a Reasonable and Prudent Operator in determining whether such inspection is necessary to ascertain the LNG Vessel’s compliance with the FSRU for the purposes of this Agreement and where to inspect the LNG Vessel, in each case taking into account the objective of maximising the safe, reliable and efficient usage of the LNG Vessel and the FSRU at all times; and (b) any inspection shall be made during the operational working hours of the LNG Vessel, without undue interference with, or delay or hindrances to, the LNG Vessel’s safe and efficient operation. 7.2.5 If the Operator (or the FSRU Owner) determines, acting as a Reasonable and Prudent Operator pursuant to the exercise of the Operator’s (or the FSRU Owner’s) rights of inspection and approval, that any LNG Vessel fails to comply with the requirements set out in this Agreement, the User must not use such LNG Vessel for the purposes of this Agreement unless and until such LNG Vessel is so compliant. 7.2.6 Subject to compliance with the other provisions of this Clause 7.2, the User may: (a) substitute an LNG Vessel with another LNG Vessel: (i) of the same type (being a vessel with the same ship-shore interface arrangement and similar hull drawings) as the original LNG Vessel; orthat has not previously performed an STS Operation; (ii) that was previously approved by the Operator, at any time prior to the end has been modified since its last STS Operation; or (iii) following a modification of the Scheduled Arrival Window assigned to the original LNG Vessel, provided the substitute LNG Vessel is identical in relation to the parameters stated in the compatibility checklist for the original LNG Vessel or the most recent compatibility checklist for an LNG Vessel previously approved by Operator (as the case may be); and (b) substitute an LNG Vessel with another LNG Vessel of a different type by notifying the Operator of the proposed substitution before the relevant LNG Vessel departs from the Previous Port if practicable, and in any event no later than fifteen (15) days prior to the ETA for such LNG Vessel (or such later date as the Parties may agree), which notice shall: (i) specify the identity, tonnage, gross loading capacity and length of the substitute LNG Vessel; and (ii) be accompanied FSRU required by a duly completed compatibility checklist for the substitute LNG Vesselchange in law. (c) Following the receipt of such notice and the compatibility checklist, the Operator shall use reasonable endeavours to accommodate such substitution, and shall notify the User whether such substitution can be accommodated as soon as reasonably practicable and in any event no later than seven (7) days after receipt of such notice and compatibility checklist. 7.2.7 The User shall submit, or procure the submission by the owner or master (as may be relevant) of any LNG Vessel of, a copy of the Conditions of Use to the Operator duly executed by that owner or operator or master of that LNG Vessel before the Notice of Readiness is provided to the Operator. The User shall deliver to the Operator the signed original of such Conditions of Use promptly upon receipt. The Operator shall not be obliged to permit (or be obliged to cause to be permitted) the LNG Vessel to berth at the FSRU and unload any Cargo from any LNG Vessel until the master or owner, as may be relevant, of the LNG Vessel has signed the Conditions of Use. 7.2.8 The User shall pay to the Operator the actual documented cost incurred by the FSRU Owner and/or the Operator in undertaking each compatibility and mooring study required under this Agreement. 7.2.9 7.2.4 The User shall ensure that each LNG Vessel that calls at the FSRU for STS Operations shall: (a) be equipped with appropriate systems for communication with the Terminal; (b) be in all respects compatible with the FSRU and approved by the Operator pursuant to the relevant Ship-Shore Compatibility Studies for the relevant STS Operation and in compliance with the provisions of this Agreement; (c) have a valid OCIMF SIRE Report relating to a cargo loading and discharge cycle (i.e. which shall not be a bunkering SIRE) less than six (6) months old at the end of the relevant Unloading and Regasification Slot; (d) have signed the Conditions of Use; (e) be operated by officers and crew that have the ability, experience and certificates of competence commensurate with the performance of their duties in accordance with International LNG Vessel Standards; (f) be operated and maintained in accordance with all Applicable Laws (including applicable regulations at the Port)and regulations, its Classification Society classification society rules and prudent operating practices in accordance with International LNG Vessel Standards;; and (g) comply with, and will be fully equipped, supplied and maintained to comply with, all applicable International LNG Vessel Standards and Port Authority requirements, including standards and guidelines for marine equipment, manifold compatibility, mooring arrangements and equipment, ship/shore emergency shutdown systems, loading and unloading operations and safety; and (h) be in compliance with the requirements of Schedule 10 (LNG Vessel Specifications). 7.2.10 7.2.5 The Operator shall use reasonable endeavours to accept an LNG Vessel which does not comply with Clause 7.2.9(c7.2.4(c) for legitimate reasons (including the LNG Vessel being a newbuild or where the OCIMF SIRE Report is delayed by exceptional circumstances).

Appears in 2 contracts

Samples: Terminal User Agreement, Terminal User Agreement

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Compliance and Approval of LNG Vessels. 7.2.1 The User shall only use LNG Vessels which comply with this Clause 7.2, the LNG Vessel Inspection and Approval Procedures, Procedures the Port Regulations, the LNG Vessel specifications pursuant to Schedule 10 (LNG Vessel Specifications) and the Terminal Operating Operations Manual. The Operator shall provide the User with a list of all currently Approved LNG Vessels promptly upon request. 7.2.2 LNG Vessels calling at the FSRU shall be subject to compatibility studies to determine their compatibility or non-compatibility with the FSRU (“Ship-Shore Compatibility Studies” or “SSCS”), which SSCS shall be as per the FSRU Owner’s internal standards (as updated from time to time) and always in line with International LNG Vessel Standards. The User shall cause the its Transporter to provide all relevant and reasonably required information for the FSRU Owner to complete the SSCS, including relevant mooring analyses. Subject to any delay from any User Party (including any the User’s LNG supplier or Transporter or master of its LNG Vessel), the Operator shall promptly and cause the SSCS for LNG Vessels nominated by the User to be completed within the required schedule defined in any event the agreed procedure, but shall always have a minimum period of nine (9) Business Days to perform an SSCS. Notwithstanding the foregoing, the Operator shall cause the FSRU Owner to use reasonable endeavours to complete an SSCS within five (5) days of a shorter period, where requested by the later User. 7.2.3 The User shall pay to occur the Operator a fixed fee of: (a) receiving such compatibility checklist one thousand U.S. Dollars (and other information requested by the Operator as US$1,000) per SSCS required for each LNG Vessel that has previously performed an STS Operation or is a Reasonable and Prudent Operator)sister vessel of an LNG Vessel that has previously performed an STS Operation; and (b) where an inspection is carried out, completion of such inspection; notify the User of the determination of whether or not the LNG Vessel in question is compatible with the FSRU, provided that neither the Operator nor the FSRU Owner shall: five thousand U.S. Dollars (iUS$5,000) be obliged to complete the compatibility assessments for more than two (2) LNG Vessels in any consecutive five (5) Business Day period; (ii) be obliged to respond to further compatibility assessments of another LNG Vessel at a time when two (2) such compatibility assessments are already in progress in respect of other LNG Vessels; or (iii) be obliged to undertake compatibility assessment in the order in which they are received. 7.2.3 Without prejudice to the requirements of Clause 7.2.2, an per SSCS shall be required for each LNG Vessel prior to the first occasion on which the LNG Vessel arrives at the Terminal (and, if the LNG Vessel undergoes any material modification or has not called within the preceding twenty-four (24) month period, prior to the first occasion on which the LNG Vessel as so modified or after such period arrives at the Terminal). 7.2.4 Upon prior consultation with, and reasonable notice to, the User, the Operator (or the FSRU Owner) may, at its sole risk and expense, cause or witness an inspection of any LNG Vessel nominated by the User, subject to the following conditions: (a) the Operator shall (and shall, if applicable, cause the FSRU Owner to) act as a Reasonable and Prudent Operator in determining whether such inspection is necessary to ascertain the LNG Vessel’s compliance with the FSRU for the purposes of this Agreement and where to inspect the LNG Vessel, in each case taking into account the objective of maximising the safe, reliable and efficient usage of the LNG Vessel and the FSRU at all times; and (b) any inspection shall be made during the operational working hours of the LNG Vessel, without undue interference with, or delay or hindrances to, the LNG Vessel’s safe and efficient operation. 7.2.5 If the Operator (or the FSRU Owner) determines, acting as a Reasonable and Prudent Operator pursuant to the exercise of the Operator’s (or the FSRU Owner’s) rights of inspection and approval, that any LNG Vessel fails to comply with the requirements set out in this Agreement, the User must not use such LNG Vessel for the purposes of this Agreement unless and until such LNG Vessel is so compliant. 7.2.6 Subject to compliance with the other provisions of this Clause 7.2, the User may: (a) substitute an LNG Vessel with another LNG Vessel: (i) of the same type (being a vessel with the same ship-shore interface arrangement and similar hull drawings) as the original LNG Vessel; orthat has not previously performed an STS Operation; (ii) that was previously approved by the Operator, at any time prior to the end has been modified since its last STS Operation; or (iii) following a modification of the Scheduled Arrival Window assigned to the original LNG Vessel, provided the substitute LNG Vessel is identical in relation to the parameters stated in the compatibility checklist for the original LNG Vessel or the most recent compatibility checklist for an LNG Vessel previously approved by Operator (as the case may be); and (b) substitute an LNG Vessel with another LNG Vessel of a different type by notifying the Operator of the proposed substitution before the relevant LNG Vessel departs from the Previous Port if practicable, and in any event no later than fifteen (15) days prior to the ETA for such LNG Vessel (or such later date as the Parties may agree), which notice shall: (i) specify the identity, tonnage, gross loading capacity and length of the substitute LNG Vessel; and (ii) be accompanied FSRU required by a duly completed compatibility checklist for the substitute LNG Vesselchange in law. (c) Following the receipt of such notice and the compatibility checklist, the Operator shall use reasonable endeavours to accommodate such substitution, and shall notify the User whether such substitution can be accommodated as soon as reasonably practicable and in any event no later than seven (7) days after receipt of such notice and compatibility checklist. 7.2.7 The User shall submit, or procure the submission by the owner or master (as may be relevant) of any LNG Vessel of, a copy of the Conditions of Use to the Operator duly executed by that owner or operator or master of that LNG Vessel before the Notice of Readiness is provided to the Operator. The User shall deliver to the Operator the signed original of such Conditions of Use promptly upon receipt. The Operator shall not be obliged to permit (or be obliged to cause to be permitted) the LNG Vessel to berth at the FSRU and unload any Cargo from any LNG Vessel until the master or owner, as may be relevant, of the LNG Vessel has signed the Conditions of Use. 7.2.8 The User shall pay to the Operator the actual documented cost incurred by the FSRU Owner and/or the Operator in undertaking each compatibility and mooring study required under this Agreement. 7.2.9 7.2.4 The User shall ensure that each LNG Vessel that calls at the FSRU for STS Operations shall: (a) be equipped with appropriate systems for communication with the Terminal; (b) be in all respects compatible with the FSRU and approved by the Operator pursuant to the relevant Ship-Shore Compatibility Studies for the relevant STS Operation and in compliance with the provisions of this Agreement; (c) have a valid OCIMF SIRE Report relating to a cargo loading and discharge cycle (i.e. which shall not be a bunkering SIRE) less than six (6) months old at the end of the relevant Unloading and Regasification Slot; (d) have signed the Conditions of Use; (e) be operated by officers and crew that have the ability, experience and certificates of competence commensurate with the performance of their duties in accordance with International LNG Vessel Standards; (f) be operated and maintained in accordance with all Applicable Laws (including applicable regulations at the Port)and regulations, its Classification Society classification society rules and prudent operating practices in accordance with International LNG Vessel Standards;; and (g) comply with, and will be fully equipped, supplied and maintained to comply with, all applicable International LNG Vessel Standards and Port Authority requirements, including standards and guidelines for marine equipment, manifold compatibility, mooring arrangements and equipment, ship/shore emergency shutdown systems, loading and unloading operations and safety; and (h) be in compliance with the requirements of Schedule 10 (LNG Vessel Specifications). 7.2.10 7.2.5 The Operator shall use reasonable endeavours to accept an LNG Vessel which does not comply with Clause 7.2.9(c7.2.4(c) for legitimate reasons (including the LNG Vessel being a newbuild or where the OCIMF SIRE Report is delayed by exceptional circumstances).

Appears in 1 contract

Samples: Terminal Use Agreement

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