Common use of DES SPA Force Majeure Claim Clause in Contracts

DES SPA Force Majeure Claim. If DES Buyer or, except in the case of a Project Co Force Majeure or Transporter Force Majeure, Project Co or the Transporter (on behalf of Project Co) claims force majeure pursuant to and in accordance with Section 14 of the DES SPA ("DES SPA FM Claim"): 5.2.1 promptly following receipt or issuance, as applicable, of notice of the DES SPA FM Claim, Transporter shall use its reasonable endeavours to find an alternative buyer for any cargo that cannot be delivered to or received by DES Buyer as a result of the DES SPA FM Claim ("DES SPA FM Cargo"); and 5.2.2 Project Co shall pay Transporter an amount equal to: (i) the Transport Fee applicable to the DES SPA FM Cargo as calculated pursuant to Clause 11.2.2 or Clause 11.2.3, as applicable; plus (ii) where the Transporter assists Project Co with an alternative sale pursuant to Paragraph 5.2.1 of Schedule 1, (a) an amount equal to USD *** (US$***) multiplied by the quantity of LNG delivered under such alternative sale plus (b) any incremental costs incurred by Transporter as a result of the alternative sale.

DES SPA Force Majeure Claim. If DES Buyer or, except in the case of a Project Co Force Majeure or Transporter Force Majeure, Project Co or the Transporter (on behalf of Project Co) claims force majeure pursuant to and in accordance with Section 14 of the DES SPA ("“DES SPA FM Claim"”): 5.2.1 promptly following receipt or issuance, as applicable, of notice of the DES SPA FM Claim, Transporter shall use its reasonable endeavours to find an alternative buyer for any cargo that cannot be delivered to or received by DES Buyer as a result of the DES SPA FM Claim ("“DES SPA FM Cargo"”); and 5.2.2 Project Co shall pay Transporter an amount equal to: (i) the Transport Fee applicable to the DES SPA FM Cargo as calculated pursuant to Clause 11.2.2 or Clause 11.2.3, as applicable; plus (ii) where the Transporter assists Project Co with an alternative sale pursuant to Paragraph 5.2.1 of Schedule 1, (a) an amount equal to USD *** (US$***) multiplied by the quantity of LNG delivered under such alternative sale plus (b) any incremental costs incurred by Transporter as a result of the alternative sale.