Laytime Exclusions Sample Clauses

Laytime Exclusions. Time shall not count as laytime or time on demurrage if lost: (i) due to inability of the Vessel to safely discharge or receive Cargo within the time allowed; (ii) due to the Vessel requiring separate and/or additional shore tank gauges for any reason or the Vessel’s failure to comply with terminal regulations, or interruption of transfer operations as a result of Buyer’s requests for line fill checks by comparing intermediate ship and shore gauges; (iii) due to prohibition of Cargo transfer at any time by the Vessel, Buyer, the owner or operator of the Vessel or by port authorities, unless such prohibition is caused by Seller’s failure to comply with Applicable Law; (iv) due to Buyer’s failure to have required documentation; (v) while awaiting customs and immigration clearance; (vi) due to strike, lockout, stoppage or restraint of labor of the master, officers and crew of the Vessel or towboat or pilots; (vii) during any delay for which Xxxxx, the Vessel, her master or crew is responsible, including any delays caused by any failure of the Vessel to meet the requirements of these GTCs or a Transaction; (viii) during bunkering unless concurrent with operations; (ix) in reaching a berth due to conditions not reasonably within Seller’s control, including weather delays, fog, channel blockage, or awaiting daylight, pilots, tugs and tide; (x) on an inward passage from a lightering or waiting area to the customary anchorage or berth, and in shifting from the customary anchorage to the berth; (xi) as a result of a boycott arising in connection with the business of the Vessel or Buyer, the terms or conditions of employment of the Vessel’s crew or agents, employment, trades, or cargoes of the Vessel; (xii) due to restraint or interference in the Vessel’s operation by any Governmental Authority in connection with the ownership, registration, or obligations of Buyer or the Vessel, or in connection with stowaways or with smuggling or other prohibited activities of the Vessel’s crew or agents; (xiii) due to Cargo contamination or damage caused by unseaworthiness of the Vessel or negligence of the Vessel or the Vessel’s crew or agents; or (xiv) due to Xxxxxx’s unclean tanks, or inability to maintain heating or pumping warranties, or the need for Vessel repairs. If as a result of such causes and events the Vessel loses its turn to berth, laytime and demurrage shall be suspended until it reberths All Fast. If such causes or events occur while the Vessel is in berth, extra...
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Laytime Exclusions. The following is a partial list of situations where time consumed berthing/loading and/or discharging shall not count as used laytime nor as time on demurrage for all Vessels: (1) passage time of the delivery Vessel, including lightering Vessels, from the customary anchorages or other place of waiting, to the berth; (2) any delay due to inability of the Vessel’s facilities to safely discharge or receive cargo within the time allowed; (3) any time consumed in interruption of transfer operations due to the Vessel’s requiring separate and/or additional shore tank gauges for any reason. This would include interruption of transfer operations as a result of the Vessel Party requests for line fill checks by comparing intermediate Vessel and shore gauges; (4) delay due to prohibition of Cargo transfer at any time by the Vessel, Vessel Party, or the owner/operator of the Vessel, or by governmental authorities, unless such prohibition is caused by Terminal’s failure to comply with applicable laws and regulations; (5) delay associated with barges shifting in and out of berth when loading or discharging multiple barges; (6) any delay caused by strike, lockout, stoppage or restraint of labor of the Master, officers and crew of the Vessel or pilots or other subcontractors under the Vessel Party’s control; (7) failure of Vessel Party to have the required certificate of financial responsibility, or failure of Vessel to be in compliance with United States Coast Guard Regulations (or hold the necessary waiver if not in compliance), or failure to have other legally required documentation, including existing or renewal of Tank Vessel Exam; (8) delay awaiting applicable U.S. Customs and Immigration clearance; (9) any delay incurred for the Vessel’s account including, but not limited to, bunkering a Vessel, taking on or discharging ballast water, discharging slops or Vessel-generated wastes or cleaning Vessel compartments; (10) after the Terminal notifies the Vessel to proceed in, or after disconnection of hoses or Vessel release, any delay in reaching or clearing the berth caused by conditions not reasonably within the Terminal’s control, including, but not limited to, weather delays (including but not limited to lightning, storm, wind, waves, swells and fog), channel blockage, or awaiting daylight, pilots, tugs and tide; (11) any delay caused by the Vessel Party’s failure to comply with all financial and/or credit responsibilities of this Agreement. (12) any delay caused by t...
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Laytime Exclusions. Any time consumed due to any of the following events will not be computed as Laytime, or, if in demurrage, as time on demurrage, even if any of such events occur after the expiration of Allowed Laytime (if applicable): (a) time consumed by the Vessel in moving from port or anchorage to the relevant Dock, including waiting for tide, traffic (including any one-way traffic limitations imposed by the Houston Port Authority or other applicable Governmental Authority), mooring, tugs, pilots, survey and inspection or daylight; (b) any delay due to the Vessel’s condition, breakdown, or any other causes attributable to, or for which any Customer Party, the Vessel, or its master or crew is responsible (including incompatibility with or between the Terminal and the Vessel and time consumed in making up connections to remedy such incompatibility, pollution or threat thereof, or any delay in bunkering the Vessel, taking on or discharging ballast water or discharging slops); (c) time consumed for conditioning a Vessel’s tanks or to clear Enterprise’s shore pipelines or hoses of any unlike product for loading operations; (d) any delay in loading due to prohibition of loading at any time by the Vessel, the owner or operator of the Vessel, or by any Governmental Authority, unless such prohibition is caused by Enterprise’s failure to comply with applicable Laws and Regulations; (e) any delays due to the Vessel’s noncompliance with or violation of applicable operating or safety rules and/or regulations, including (i) federal or state laws, (ii) USCG and CBP regulations, (iii) the Port Procedures and other Terminal rules and regulations, (iv) any other Laws and Regulations, or (v) obligations to obtain or maintain required certificates and certifications; (f) any delays awaiting USCG and CBP clearances, other required governmental or port clearances or other local administrative requirements, or free pratique, if applicable; (g) any delay caused by strike, lockout, stoppage or restraint of labor of the master, officer or crew of the Vessel; or (h) any delay caused by conditions not reasonably within Enterprise’s control, including weather, lightning, awaiting tide, Force Majeure, blockage or closure of channels (including blockages or closures due to fog, spills or accidents), maritime security restrictions, or port closures, port congestion, and other port restrictions and conditions, and the effects of any such port events, restrictions or conditions on the Houston Ship Cha...
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Related to Laytime Exclusions

  • Service Exclusions All of an Employee's years of Service with the Employer shall be counted to determine the vested interest of such Employee except:

  • Specific Exclusions Apart from the exclusions common to all covers, the following are also excluded. We do not intervene for: EMERGENCY SUITCASE DOMESTIC HELP DELIVERY OF HOUSEHOLD SHOPPING PSYCHOLOGICAL SUPPORT UPON YOUR RETURN HOME To allow us to intervene under the best conditions, remember to prepare the following information that will be requested when you call: When you call initially, you will be given an assistance file number. State it systematically during any subsequent contacts with our Assistance Service. - the policy came with the purchase of goods or a service sold by a supplier; - you can show that you are already covered for one of the risks covered by this new policy; - the policy you wish to cancel has not been fully established; - you have not declared any loss covered by this policy. In this situation, you can exercise your right to cancel this policy by letter or in any lasting medium sent to the insurer of the new policy, together with documentary proof that you already have cover for one of the risks covered by this new policy. The insurer must reimburse you the premium paid within thirty days of your cancellation. If you wish to cancel your policy but do not meet all the above conditions, please check the cancellation procedure stipulated in your policy.

  • Additional Exclusions A Receiving Party will not violate its confidentiality obligations if it discloses the Disclosing Party’s Confidential Information if required by applicable laws, including by court subpoena or similar instrument so long as the Receiving Party provides the Disclosing Party with written notice of the required disclosure so as to allow the Disclosing Party to contest or seek to limit the disclosure or obtain a protective order. If no protective order or other remedy is obtained, the Receiving Party will furnish only that portion of the Confidential Information that is legally required, and agrees to exercise reasonable efforts to ensure that confidential treatment will be accorded to the Confidential Information so disclosed.

  • GENERAL EXCLUSIONS We do not insure for loss caused directly or indirectly by any of the following. Such loss is excluded regardless of any other cause or event contributing concurrently or in any sequence to the loss. These exclusions apply whether or not the loss event results in widespread damage or affects a substantial area.

  • Warranty Exclusions The Limited Warranty in clauses 1.2 and 1.3 does not apply: a) if the Product was not purchased and installed in Australia; b) if You do not grant BYD or BYD Partner access to the performance data of the Product over the Internet upon request after reporting the warranty claim and/or manipulate such data; c) to wear and tear in the appearance of the Product (including but not limited to any scratches, stains, mechanical wear, rust or mould) which does not impair its function; d) to any damage to property or personal injury arising from any defect if the state of scientific and technical knowledge at the time when the Product is sold to Original Buyer was not such as to enable the defect to be discovered; e) if the invoice for the Product and the information listed in clause 4 below is not provided with the warranty claim; or f) if the serial number on the Product can no longer be identified or has been modified.

  • Specific Exclusion Stanford does not: (A) grant to ***** any other licenses, implied or otherwise, to any patents or other rights of Stanford other than those rights granted under Licensed Patent, regardless of whether the patents or other rights are dominant or subordinate to any Licensed Patent, or are required to exploit any Licensed Patent or Technology; (B) commit to ***** to bring suit against third parties for infringement, except as described in Section 14; and (C) agree to furnish to ***** any technology or technological information other than the Technology or to provide ***** with any assistance.

  • Related Exclusions This agreement does NOT cover custodial care, respite care, day care, or care in a facility that is not approved by us. See

  • Exclusions The Warrant Agent shall have no responsibility with respect to the validity of this Agreement or with respect to the validity or execution of any Warrant (except its countersignature thereof). The Warrant Agent shall not be responsible for any breach by the Company of any covenant or condition contained in this Agreement or in any Warrant. The Warrant Agent shall not be responsible to make any adjustments required under the provisions of Section 4 hereof or responsible for the manner, method, or amount of any such adjustment or the ascertaining of the existence of facts that would require any such adjustment; nor shall it by any act hereunder be deemed to make any representation or warranty as to the authorization or reservation of any shares of Common Stock to be issued pursuant to this Agreement or any Warrant or as to whether any shares of Common Stock shall, when issued, be valid and fully paid and non-assessable.

  • DISCLAIMERS; EXCLUSIONS; LIMITATIONS Subject to §4, neither party makes any warranties (express, implied, or otherwise), including implied warranties of merchantability, non-infringement, fitness for a particular purpose, or title, related to its performance or anything else provided under this Agreement. Neither party will be liable for any special, incidental, punitive, or consequential damages of any kind for any reason whatsoever relating to this Agreement, even if such damages were reasonably foreseeable.

  • Force Majeure Exclusions 11.4.1 Force Majeure shall not include (i) any event or circumstance which is within the reasonable control of the Parties and (ii) the following conditions, except to the extent that they are consequences of an event of Force Majeure: a. Unavailability, late delivery, or changes in cost of the plant, machinery, equipment, materials, spare parts or consumables for the Power Project; x. Xxxxx in the performance of any contractor, sub-contractor or their agents; c. Non-performance resulting from normal wear and tear typically experienced in power generation materials and equipment; d. Strikes at the facilities of the Affected Party; e. Insufficiency of finances or funds or the agreement becoming onerous to perform; and f. Non-performance caused by, or connected with, the Affected Party’s: i. Negligent or intentional acts, errors or omissions; ii. Failure to comply with an Indian Law; or iii. Breach of, or default under this Agreement.

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