Common use of Events Not Swapped Cargo Force Majeure Clause in Contracts

Events Not Swapped Cargo Force Majeure. The following events shall not constitute Swapped 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 ability of Project Co or Transporter to obtain better economic terms for LNG or Gas from an alternative transporter or shipper, as applicable; (C) 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 or Project Co's Gas, LNG or electric power markets; and (D) breakdown, freezing, breakage or failure of, or the necessity for making repairs or alterations to, plant or equipment caused by normal wear and tear or by a failure to properly maintain such plant or equipment; (E) the unavailability of, or any event affecting, any facilities downstream of a Receiving Terminal and its associated Receiving Terminal Pipeline; (F) in the case of Project Co, (i) any event arising from an action or omission of a terminal operator or the operator of a Receiving Terminal Pipeline, and (ii) any event arising from an action or omission of the operator of a Production Facility or Transporter, in each case to the extent that had the relevant Party taken such action or experienced such event, such event would not constitute Force Majeure pursuant to the provisions of this Paragraph 9 of Part C of Schedule 2; and (G) acts of a Governmental Authority of, or changes in Applicable Laws of the People’s Republic of China (or any political subdivision thereof) which affect solely or primarily DES Buyer and/or DES Buyer’s Affiliates and are not generally applicable to all public and private entities doing business in the People’s Republic of China.

Events Not Swapped Cargo Force Majeure. The following events shall not constitute Swapped 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 ability of Project Co or Transporter to obtain better economic terms for LNG or Gas from an alternative transporter or shipper, as applicable; (C) 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 or Project Co's Gas, LNG or electric power markets; and; (D) breakdown, freezing, breakage or failure of, or the necessity for making repairs or alterations to, of plant or equipment caused by normal wear and tear or by a failure to properly maintain such plant or equipment; (E) the unavailability ofwithdrawal, denial, expiration or modification of or failure to obtain any event affectingExport Authorization caused by Transporter or Transporter's Affiliate’s: (i) action, including a violation of or breach of the terms and conditions of any facilities downstream Export Authorization; or (ii) the failure to apply for or follow the necessary procedures to obtain any Export Authorization or request, acquire or take all commercially reasonable actions to obtain the maintenance, renewal or reissuance of the same, in either event, only if the offending Person knew or should have known, after due inquiry and the exercise of endeavors expected by a Receiving Terminal Reasonable and its associated Receiving Terminal PipelinePrudent Operator, that such action or failure, as the case may be, would have caused the withdrawal, denial, expiration or modification of or failure to obtain any Export Authorization; (F) the non-availability or lack of economically obtainable Gas reserves; (G) 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 Swapped Cargo Force Majeure hereunder and primary in-the-path transportation service on such pipeline was also interrupted as a result of such event; and (H) (i) in the case of Project Coeither Party, (i) any event arising from an action or omission of a terminal operator or the operator any Affiliate of a Receiving Terminal Pipelinethat Party, and (ii) in the case of Transporter, any event arising from an action or omission of the operator of a Production Facility Facility, and (iii) in 74 the case of Project Co, any event arising from an action or Transporteromission of a Terminal Operator, in each case to the extent that had the relevant Party taken such action or experienced such event, such event would not constitute Swapped Cargo Force Majeure pursuant to the provisions of this Paragraph 9 of Part C of Schedule 2; and (G) acts of a Governmental Authority of, or changes in Applicable Laws of the People’s Republic of China (or any political subdivision thereof) which affect solely or primarily DES Buyer and/or DES Buyer’s Affiliates and are not generally applicable to all public and private entities doing business in the People’s Republic of China9.

Events Not Swapped Cargo Force Majeure. The following events shall not constitute Swapped 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 ability of Project Co or Transporter to obtain better economic terms for LNG or Gas from an alternative transporter or shipper, as applicable; (C) 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 or Project Co's Gas, LNG or electric power markets; and; (D) breakdown, freezing, breakage or failure of, or the necessity for making repairs or alterations to, of plant or equipment caused by normal wear and tear or by a failure to properly maintain such plant or equipment; (E) the unavailability ofwithdrawal, denial, expiration or modification of or failure to obtain any event affectingExport Authorization caused by Transporter or Transporter's Affiliate’s: (i) action, including a violation of or breach of the terms and conditions of any facilities downstream Export Authorization; or (ii) the failure to apply for or follow the necessary procedures to obtain any Export Authorization or request, acquire or take all commercially reasonable actions to obtain the maintenance, renewal or reissuance of the same, in either event, only if the offending Person knew or should have known, after due inquiry and the exercise of endeavors expected by a Receiving Terminal Reasonable and its associated Receiving Terminal PipelinePrudent Operator, that such action or failure, as the case may be, would have caused the withdrawal, denial, expiration or modification of or failure to obtain any Export Authorization; (F) the non-availability or lack of economically obtainable Gas reserves; (G) 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 Swapped Cargo Force Majeure hereunder and primary in-the-path transportation service on such pipeline was also interrupted as a result of such event; and (H) (i) in the case of Project Coeither Party, (i) any event arising from an action or omission of a terminal operator or the operator any Affiliate of a Receiving Terminal Pipelinethat Party, and (ii) in the case of Transporter, any event arising from an action or omission of the operator of a Production Facility Facility, and (iii) in 69 the case of Project Co, any event arising from an action or Transporteromission of a Terminal Operator, in each case to the extent that had the relevant Party taken such action or experienced such event, such event would not constitute Swapped Cargo Force Majeure pursuant to the provisions of this Paragraph 9 of Part C of Schedule 2; and (G) acts of a Governmental Authority of, or changes in Applicable Laws of the People’s Republic of China (or any political subdivision thereof) which affect solely or primarily DES Buyer and/or DES Buyer’s Affiliates and are not generally applicable to all public and private entities doing business in the People’s Republic of China9.