Common use of Events not Diverted Cargo Force Majeure Clause in Contracts

Events not Diverted Cargo Force Majeure. The following events shall not constitute Diverted Cargo Force Majeure: (A) a Party’s inability to finance its obligations under this Agreement or the unavailability of funds to pay amounts when due in the currency of payment; (B) the unavailability of, or any event affecting, any facilities at or associated with any loading port or unloading port other than the Corpus Christi Facility (or Alternate Production Facility, as applicable); (C) the ability of Project Co or Transporter to obtain better economic terms for LNG or Gas from an alternative supplier or buyer, as applicable; (D) changes in either Party’s market factors, default of payment obligations or other commercial, financial or economic conditions, including failure or loss of any of Transporter's or Project Co's Gas or LNG markets; (E) breakdown or failure of plant or equipment caused by normal wear and tear or by a failure to properly maintain such plant or equipment; (F) the non-availability or lack of economically obtainable Gas reserves; (G) in the case of Project Co, any event arising from an action or omission of (i) any Affiliate of Project Co (other than the Transporter), (ii) the contractor or sub-contractor or agent of Project Co or Affiliate of Project Co (other than the Transporter), (iii) the operator of any part of the Corpus Christi Facility (or Alternate Production Facility, as applicable) to the extent that, had Project Co taken such action or experienced such event, such event would not constitute Diverted Cargo Force Majeure pursuant to the provisions of this Paragraph 12; and (H) the loss of interruptible or secondary firm transportation service on a Connecting Pipeline or any pipeline upstream of a Connecting Pipeline unless the cause of such loss was an event that would satisfy the definition of Diverted Cargo Force Majeure hereunder and primary in-the-path transportation service on such pipeline was also interrupted as a result of such event.

Events not Diverted Cargo Force Majeure. The following events shall not constitute Diverted Cargo Force Majeure: (A) a Party’s inability to finance its obligations under this Agreement or the unavailability of funds to pay amounts when due in the currency of payment; (B) the unavailability of, or any event affecting, any facilities at or associated with any loading port or unloading port other than the Corpus Christi Facility (or Alternate Production Facility, as applicable); (C) the ability of Project Co or Transporter to obtain better economic terms for LNG or Gas from an alternative supplier or buyer, as applicable; (D) changes in either Party’s market factors, default of payment obligations or other commercial, financial or economic conditions, including failure or loss of any of Transporter's ’s or Project Co's ’s Gas or LNG markets; (E) breakdown or failure of plant or equipment caused by normal wear and tear or by a failure to properly maintain such plant or equipment; (F) the non-availability or lack of economically obtainable Gas reserves; (G) in the case of Project Co, any event arising from an action or omission of (i) any Affiliate of Project Co (other than the Transporter), (ii) the contractor or sub-contractor or agent of Project Co or Affiliate of Project Co (other than the Transporter), (iii) the operator of any part of the Corpus Christi Facility (or Alternate Production Facility, as applicable) to the extent that, had Project Co taken such action or experienced such event, such event would not constitute Diverted Cargo Force Majeure pursuant to the provisions of this Paragraph 12; and (H) the loss of interruptible or secondary firm transportation service on a Connecting Pipeline or any pipeline upstream of a Connecting Pipeline unless the cause of such loss was an event that would satisfy the definition of Diverted Cargo Force Majeure hereunder and primary in-the-path transportation service on such pipeline was also interrupted as a result of such event.