Common use of Events of Off-Hire Clause in Contracts

Events of Off-Hire. In the event of loss of time under this Charter (whether arising from interruption or delay in performance of the Vessel’s service or in any other way whatsoever) through any of the following (an “Event of Off-Hire”): (a) deficiency of personnel (whether numerical or otherwise); deficiency of stores; breakdown (whether partial or otherwise) of machinery or boilers; breakdown of the Regasification Components resulting in total inability of the Vessel to discharge regasified LNG as an LNGRV; overhaul or survey (other than scheduled dry-docking); fire; accident or damage to the Vessel, including collision and stranding; and any other cause whatsoever unless brought about by the negligent act or omission or wilful misconduct of Charterer preventing the efficient working of the Vessel or unless attributed to the LNGRV Design; (b) breach of orders or neglect of duty by, industrial action, labour disputes or strikes by, or refusal to sail or cross picket lines (unless such picket lines are unrelated to Vessel and crossing thereof would risk the safety of the crew) on the part of, the Master, officers or crew; (c) deviation for the purpose of obtaining medical advice or treatment for or landing of any person (other than a supercargo carried pursuant to Article 36) in consequence of illness, injury or death unless brought about by Charterer’s having directed the Vessel to an infected area or by the negligent act or omission or wilful misconduct of Charterer preventing the efficient working of the Vessel; (d) proceeding to or from and while at any port or anchorage other than that to which the Vessel is bound under the instructions of Charterer for any reason other than stress of weather; (e) detention of or interference with the Vessel in consequence of legal action against, or alleged or actual breach of regulations by, the Vessel, Owner, Owner’s contractors or subcontractors, the Master, officers or crew of the Vessel (unless brought about by the negligent act or omission or wilful misconduct of Charterer) or by any other vessel owned or managed by Owner or Owner’s contractors or subcontractors; (f) exceeding the number of days determined pursuant to section 15.3 for time lost for any regularly scheduled dry-docking, including time spent cleaning and painting of the Vessel’s bottom, repairing and dry-docking, pre-dry-docking procedure (including warming, inerting and gas freeing), post-dry-docking procedure (provided that time taken for inerting, purging and cooling subsequent to dry-docking shall be for Charterer’s account), and waiting for any of the aforesaid purposes; (g) any repairing and unscheduled dry-docking, including time spent for pre-dry-docking/repair procedure, including inerting, purging and gas freeing; post-dry-docking/repair procedure, including inerting, purging and cooling in excess of that undertaken at normal loading, and waiting for any of the aforesaid purposes; (h) the extra time needed to cool the Vessel’s cargo tanks that is for Owner’s account as provided in section 12.2; (i) the Vessel fails to meet the required cargo liquid saturation pressure on arrival at an unloading port as specified in Article 33; (j) failure of documentation as specified in section 37(a) or 37(b); (k) requisition as specified in Article 38; and (l) any of the circumstances providing for cessation of Hire under other sections of this Charter; then the provisions of section 14.2 shall apply.

Events of Off-Hire. In the event of loss of time under this Charter (whether arising from interruption or delay in performance of the Vessel’s service or in any other way whatsoever) through any of the following (an “Event of Off-Hire”): (a) deficiency of personnel (whether numerical or otherwise); deficiency of stores; breakdown (whether partial or otherwise) of machinery or boilers; breakdown of the Regasification Components resulting in total inability of the Vessel to discharge regasified LNG as an LNGRV; overhaul or survey (other than scheduled dry-docking); fire; accident or damage to the Vessel, including collision and stranding; and any other cause whatsoever unless brought about by the negligent act or omission or wilful willful misconduct of Charterer preventing the efficient working of the Vessel or unless attributed to the LNGRV Design; (b) breach of orders or neglect of duty by, industrial action, labour labor disputes or strikes by, or refusal to sail or cross picket lines (unless such picket lines are unrelated to Vessel and crossing thereof would risk the safety of the crew) on the part of, the Master, officers or crew; (c) deviation for the purpose of obtaining medical advice or treatment for or landing of any person (other than a supercargo carried pursuant to Article 36) in consequence of illness, injury or death unless brought about by Charterer’s having directed the Vessel to an infected area or by the negligent act or omission or wilful willful misconduct of Charterer preventing the efficient working of the Vessel; (d) proceeding to or from and while at any port or anchorage other than that to which the Vessel is bound under the instructions of Charterer for any reason other than stress of weather; (e) detention of or interference with the Vessel in consequence of legal action against, or alleged or actual breach of regulations by, the Vessel, Owner, Owner’s contractors or subcontractors, the Master, officers or crew of the Vessel (unless brought about by the negligent act or omission or wilful willful misconduct of Charterer) or by any other vessel owned or managed by Owner or Owner’s contractors or subcontractors; (f) exceeding the number of days determined pursuant to section 15.3 for time lost for any regularly scheduled dry-docking, including time spent cleaning and painting of the Vessel’s bottom, repairing and dry-docking, pre-dry-docking procedure (including warming, inerting and gas freeing), post-dry-docking procedure (provided that time taken for inerting, purging and cooling subsequent to dry-docking shall be for Charterer’s account), and waiting for any of the aforesaid purposes; (g) any repairing and unscheduled dry-docking, including time spent for pre-dry-docking/repair procedure, including inerting, purging and gas freeing; post-dry-docking/repair procedure, including inerting, purging and cooling in excess of that undertaken at normal loading, and waiting for any of the aforesaid purposes; (h) the extra time needed to cool the Vessel’s cargo tanks that is for Owner’s account as provided in section 12.2; (i) the Vessel fails to meet the required cargo liquid saturation pressure on arrival at an unloading port as specified in Article 33; (j) failure of documentation as specified in section 37(a) or 37(b); (k) requisition as specified in Article 38; and (l) any of the circumstances providing for cessation of Hire under other sections of this Charter; then the provisions of section 14.2 shall apply.