Common use of Laytime Exclusions Clause in Contracts

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 expenses thereby incurred by Seller in connection with the Vessel remaining at the berth shall be for Buyer’s account, and Seller also shall have the option to order the Vessel out of berth, so as to avoid delay to other vessels waiting to use the berth, with the cost of unberthing and reberthing for this purpose to be for Buyer’s account. Time lost between berthings shall not count as laytime or time on demurrage.

Laytime Exclusions. Time Notwithstanding anything herein to the contrary, 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 allowedallowed unless due to a problem with vessel (Terminal); (ii) due to the Vessel requiring separate and/or 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 clearanceclearance and free pratique; (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 XxxxxBuyer, 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 Transactionthis Agreement; (viii) during bunkering unless concurrent with operationsbunkering; (ix) in reaching a berth due to conditions not reasonably within Seller’s controladverse conditions, 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 and 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, 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 Xxxxxxthe Vessel’s unclean tanks, or inability to maintain heating or pumping warranties, or the need for Vessel repairs. If as a result of such any of the foregoing causes and events events, the Vessel loses its turn to berth, laytime and demurrage shall be suspended until it reberths re-berths All Fast. If such causes or events occur while the Vessel is in berth, extra expenses thereby incurred by Seller in connection with the Vessel remaining at the berth shall be for Buyer’s account, and Seller also shall have the option to order the Vessel out of the berth, so as to avoid delay to other vessels waiting to use the berth, with the cost of unberthing and reberthing re-berthing for this purpose to be for Buyer’s account. Time lost between berthings shall not count as laytime or time on demurrage.

Laytime Exclusions. Time Notwithstanding anything herein to the contrary, 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 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 clearanceclearance and free pratique; (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 XxxxxBuyer, 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 Transactionthis Agreement; (viii) during bunkering unless concurrent with operationsbunkering; (ix) in reaching a berth due to conditions not reasonably within Seller’s controladverse conditions, 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 and 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, 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 Xxxxxxthe Vessel’s unclean tanks, or inability to maintain heating or pumping warranties, or the need for Vessel repairs. If as a result of such any of the foregoing causes and events events, the Vessel loses its turn to berth, laytime and demurrage shall be suspended until it reberths re-berths All Fast. If such causes or events occur while the Vessel is in berth, extra expenses thereby incurred by Seller in connection with the Vessel remaining at the berth shall be for Buyer’s account, and Seller also shall have the option to order the Vessel out of the berth, so as to avoid delay to other vessels waiting to use the berth, with the cost of unberthing and reberthing re-berthing for this purpose to be for Buyer’s account. Time lost between berthings shall not count as laytime or time on demurrage.

Laytime Exclusions. Time shall not count as laytime or nor time on demurrage if Vessel is on demurrage if lost: (i) i. due to inability of the Vessel Vessel’s facilities to safely discharge receive or receive Cargo deliver Product 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 Vessel Party requests for line fill checks by comparing intermediate ship and shore gauges; (iii) . due to prohibition of Cargo Product transfer at any time by the Vessel, Buyer, the owner or operator of the Vessel Party or by port authorities, unless such prohibition is caused by Sellerthe Terminal Party’s failure to comply with Applicable Lawapplicable laws or regulations; (iv) . due to BuyerVessel Party’s failure to have required documentation; (v) while v. awaiting customs and immigration clearanceclearance and pratique; (vi) due to . by strike, lockout, stoppage or restraint of labor of the masterMaster, officers and crew of the Vessel or towboat or pilots; (vii) . during any delay for which Xxxxxthe Vessel Party, the Vessel, her master Master or crew is responsible, including any delays caused by any failure ; viii. due to the arrest or attachment of the Vessel to meet the requirements of these GTCs or a TransactionVessel; (viii) during ix. in ballasting or deballasting, cleaning of tanks, pumps, pipelines, bunkering or for any other purposes of Vessel only, unless same is carried out concurrent with operationsloading or discharging such that no loss of time is involved; (ix) x. in reaching a berth due to conditions not reasonably within Sellerthe Terminal Party’s control, including weather delays, fog, but not limited to channel blockage, or awaiting daylight, pilots, tugs and tugs, and/or tide; (x) on an inward xi. in passage from a lightering or waiting area place to the customary anchorage or berth, berth and in shifting from the customary anchorage to the berth; (xi) xii. as a result of a boycott arising in connection with the business of the Vessel or BuyerVessel Party, the terms or conditions of employment of the VesselVessel or Vessel Party’s crew servants, or agents, employment, trades, or cargoes of the Vessel; (xii) xiii. due to restraint or interference in the Vessel’s operation by any Governmental Authority governmental authority in connection with the ownership, registration, or obligations of Buyer the Vessel Party or the Vessel, or in connection with stowaways or with smuggling or other prohibited activities of the Vessel’s crew or agentsVessel Party’s servants; (xiii) xiv. due to Cargo Product or cargo contamination or damage caused by unseaworthiness of the Vessel or negligence of the Vessel or Party’s servants; xv. due to the Vessel’s crew violation of the Maritime Security Regulations; xvi. due to any delay caused by Xxxxxx Party’s failure to comply with financial or agents; orcredit responsibilities arising out of or under the Agreement; (xiv) xvii. due to Xxxxxx’s unclean tanks, or inability to maintain its heating or pumping warranties, or the need for Vessel repairs; or xviii. If due to locking or malfunctioning of locks and floodgates. xix. In addition, if as a result of such causes and events the Vessel loses its her turn to berth, laytime and demurrage shall be suspended until it reberths is alongside a lighter or berths All FastFast to the dock. If such causes or events occur while the Vessel is in berth, extra expenses thereby incurred by Seller the Terminal Party in connection with the Vessel remaining at the berth shall be for BuyerVessel Party’s account, account and Seller the Terminal Party shall also shall have the option to order the Vessel out of berth, so as to avoid delay to other vessels waiting to use the berth, with the cost of unberthing and reberthing for this purpose to be for BuyerVessel Party’s account. Time lost in between berthings shall not count as laytime or time on demurrage.