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Common use of Laytime Clause in Contracts

Laytime. (a) All Vessels (Other Than Barges). Allowed laytime shall be, in order of the precedence, (a) the allowed laytime as agreed by the Parties at the time of Vessel acceptance, (b) voyage chartered – where the single voyage Vessel charter party agreement specifies a laytime allowance per hour or specific laytime allowance for loading, then such allowed laytime shall apply, or, if neither (a) or (b) apply, (c) the market rate current on the date the loading commences for a Vessel of the size and type appropriate to the Vessel's cargo for a single voyage charter from the load port to the Buyer's discharge port. (i) If the Vessel arrives, is in all respects ready to discharge, and tenders written NOR by the master or owner's agents within the agreed delivery date range, laytime shall commence six (6) hours after NOR is tendered or when the Vessel is secured All Fast at the specified discharge berth, whichever occurs first and end upon hose disconnection. (ii) If the Vessel arrives in the port or the waiting area before the agreed delivery date range, and the Vessel is in all respects ready to discharge, and tenders written NOR by the master or owner's agents, laytime shall commence at 00:01 hours local time on the first day of the delivery date range or when the Vessel is secured All Fast at the specified discharge berth, whichever occurs first and end upon hose disconnection. (iii) If the Vessel arrives in the port or the waiting place after the agreed delivery date range, and is otherwise in all respects ready to discharge, laytime shall commence when the Vessel is All Fast to the specified discharge berth, and end upon hose disconnection. (iv) Laytime will recommence two (2) hours after disconnection of hoses if the Vessel is delayed in its departure due to Buyer’s or Buyer’s receiver’s not providing any and/or all of the necessary documents and/or clearances to allow the Vessel to depart. Used laytime shall continue until such documents and/or clearances have been provided to the Vessel by Buyer or Buyer’s receiver(s).

Appears in 5 contracts

Samples: General Terms and Conditions for the Sale of Crude Oil and Petroleum Products, General Terms and Conditions for the Sale of Crude Oil and Petroleum Products, General Terms and Conditions for the Sale of Crude Oil and Petroleum Products

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Laytime. Waiting time (ainside or outside commercial port limits) for anchorage or berth will count as laytime. Laytime will commence at 0800 hours (local time) on the next working day after the NOR, as per the Governing Charter Party, has been tendered, WCCON, WIFPON, WIPON, WIBON, even if discharging commences earlier. Shifting from customary waiting place at port anchorage to discharge berth to be for vessels account and time not to count as laytime. All Vessels (Other Than Barges)other time and expenses used in the Vessel shifting from one anchorage or berth or place of cargo operations to another are for the Buyer’s account and will count as laytime, even if such Vessel shifting was ordered by the relevant authority at the discharge port. Allowed laytime shall be, in order of the precedence, (a) the allowed Any shifting and associated laytime as agreed by the Parties at the time a result of Vessel acceptance, (b) voyage chartered – where the single voyage Vessel charter party agreement specifies a laytime allowance per hour or specific laytime allowance vessel and/or vessel owner’s inability to allow buyers to access cargo will be for loading, then such allowed laytime shall apply, or, if neither (a) or (b) apply, (c) the market rate current on the date the loading commences for a Vessel of the size and type appropriate to the Vessel's cargo for a single voyage charter from the load port to the Buyer's discharge port. (i) sellers account. If the Vessel arrives, discharging berth is unavailable the master may warrant that the vessel is in all respects ready to dischargedischarge and tender the NOR from any usual waiting place, and tenders written NOR by the master Whether in Port or owner's agents within the agreed delivery date rangenot (WIPON), laytime shall commence six Whether in Berth or not (6) hours after NOR is tendered WIBON), Whether in Free Pratique or when the Vessel is secured All Fast at the specified discharge berthnot (WIFPON), whichever occurs first and end upon hose disconnection. Whether Customs Cleared or not (ii) If the Vessel arrives in the port or the waiting area before the agreed delivery date range, and the Vessel is in all respects ready to discharge, and tenders written NOR by the master or owner's agents, laytime WCCON).Laytime shall commence at 00:01 08:00 hours local on the next working day if NOR is validly tendered. Time used before commencement of laytime shall not count. If the discharge berth is occupied and the vessel occupying the berth is prevented from discharging her cargo due to weather conditions, time so lost shall not count as laytime, unless Sellers’ vessel waiting for the berth to become available is on demurrage. Any delays caused by floods, quarantine, strikes, or by cases of Force Majeure shall not count as laytime unless the vessel is already on demurrage. When master has tendered notice of readiness to discharge from a waiting place and vessel is subsequently found unready in application of the above provisions, laytime or time on demurrage shall not count from the first day of time the delivery date range or when vessel is rejected until the Vessel time the vessel is secured All Fast at the specified discharge berth, whichever occurs first and end upon hose disconnection. (iii) If the Vessel arrives in the port or the accepted. Any time lost shifting from waiting place after to berth shall not count as laytime or as time on demurrage, unless vessel already on demurrage. Once on demurrage, always on demurrage. Layime to stop on completion of cargo discharge. Laytime not to count for the agreed delivery date range, and is otherwise time taken in all respects ready to discharge, laytime shall commence when the Vessel is All Fast to the specified discharge berth, and end upon hose disconnectionopening/closing of vessel hatches. (iv) Laytime will recommence two (2) hours after disconnection of hoses if the Vessel is delayed in its departure due to Buyer’s or Buyer’s receiver’s not providing any and/or all of the necessary documents and/or clearances to allow the Vessel to depart. Used laytime shall continue until such documents and/or clearances have been provided to the Vessel by Buyer or Buyer’s receiver(s).

Appears in 3 contracts

Samples: Sale Agreement, Sale Agreement, Sales Agreement

Laytime. (a) All Vessels (Other Than Barges). Allowed laytime shall be, in order of the precedence, , (a) the allowed laytime as agreed by the Parties at the time of Vessel acceptance, (b) voyage chartered – where the single voyage Vessel charter party agreement specifies a laytime allowance per hour or specific laytime allowance for loading, then such allowed laytime shall apply, or, if neither (a) or (b) apply, (c) the market rate current on the date the loading commences for a Vessel of the size and type appropriate to the Vessel's cargo for a single voyage charter from the load port to the Buyer's discharge port. (i) If the Vessel arrives, is in all respects ready to discharge, and tenders written NOR by the master or owner's agents within the agreed delivery date range, laytime shall commence six (6) hours after NOR is tendered or when the Vessel is secured All Fast at the specified discharge berth, whichever occurs first and end upon hose disconnection. (ii) If the Vessel arrives in the port or the waiting area before the agreed delivery date range, and the Vessel is in all respects ready to discharge, and tenders written NOR by the master or owner's agents, laytime shall commence at 00:01 hours local time on the first day of the delivery date range or when the Vessel is secured All Fast at the specified discharge berth, whichever occurs first and end upon hose disconnection. (iii) If the Vessel arrives in the port or the waiting place after the agreed delivery date range, and is otherwise in all respects ready to discharge, laytime shall commence when the Vessel is All Fast to the specified discharge berth, and end upon hose disconnection. (iv) Laytime will recommence two (2) hours after disconnection of hoses if the Vessel is delayed in its departure due to Buyer’s or Buyer’s receiver’s not providing any and/or all of the necessary documents and/or clearances to allow the Vessel to depart. Used laytime shall continue until such documents and/or clearances have been provided to the Vessel by Buyer or Buyer’s receiver(s).

Appears in 2 contracts

Samples: General Terms and Conditions for the Sale of Crude Oil and Petroleum Products, General Terms and Conditions for the Sale of Crude Oil and Petroleum Products

Laytime. Total laytime shall consist of the allowed time day or night as set forth below for loading, including Saturdays, Sundays and holidays. (ai) All Vessels (Other Than Barges). Allowed laytime shall be, in order of the precedence, (a) the allowed laytime as agreed by the Parties at the time of Vessel acceptance, (b) voyage chartered – where the single voyage Vessel charter party agreement specifies a laytime allowance per hour or specific laytime allowance for loading, then such allowed laytime shall apply, pro rata for part cargo, otherwise the laytime allowance shall be one-half (1/2) of the total laytime allowance as provided in the single voyage charter party, pro rata for part cargo or, if neither (a) or (b) apply, (c) the market rate current on the date the loading commences for a Vessel of the size and type appropriate to the Vessel's cargo for a single voyage charter from the load port to the Buyer's discharge port. (i1) If the Vessel arrives, is in all respects ready to dischargeload, and tenders written NOR by the master or owner's agents within the agreed delivery loading date range, laytime shall commence six (6) hours after NOR is tendered or when the Vessel is secured All Fast at the specified discharge loading berth, whichever occurs first and end upon hose disconnectionfirst. (ii2) If the Vessel arrives in the port or the waiting area before the agreed delivery loading date range, and the Vessel is in all respects ready to dischargeload, and tenders written NOR by the master or owner's agents, laytime shall commence at 00:01 hours local time on the first day of the delivery loading date range or when the Vessel is secured All Fast at the specified discharge loading berth, whichever occurs first and end upon hose disconnectionfirst. (iii3) If the Vessel arrives in the port or the waiting place after the agreed delivery loading date range, and Xxxxx’s Vessel is not rejected by Seller and is otherwise in all respects ready to dischargeload, laytime shall commence when the Vessel is All Fast to the specified discharge loading berth, and end upon hose disconnection. (iv) . Laytime will recommence two (2) hours after disconnection of hoses if the Vessel is delayed in its departure due to BuyerSeller’s or BuyerSeller’s receiversupplier’s not providing any and/or all of the necessary documents and/or clearances to allow the Vessel to depart. Used laytime Laytime shall continue until such documents and/or clearances have been provided to the Vessel by Buyer Seller or BuyerSeller’s receiver(ssupplier(s). (ii) I nl a n d a n d O ce an - go i n g Barges. Allowed laytime shall be, in order of the precedence, (a) the allowed laytime as agreed by the Parties at the time of barge acceptance, (b) voyage chartered: where the single voyage charter party specifies a laytime allowance per hour or a specific laytime allowance for load, then such laytime allowance shall apply, pro rata for part cargo, otherwise the laytime allowance shall be one-half (1/2) of the total laytime allowance as provided in the single voyage charter party, pro rata for part cargo or, if neither (a) or (b) apply, (c) the market rate current on the date the loading commences for a Vessel of the size and type appropriate to the Vessel's cargo for a single voyage charter from the load port to the Buyer's discharge port. (1) If the barge arrives, is in all respects ready to load, and tenders written NOR by the master or owner's agents within the agreed loading date range, laytime shall commence at the time NOR is tendered or when the barge is secured All Fast at the specified loading berth, whichever occurs first. (2) If the barge arrives in the port or the waiting area before the agreed loading date range, and the barge is in all respects ready to load, and tenders written NOR by the master or owner's agents, laytime shall commence at 00:01 hours local time on the first day of the loading date range or when the barge is secured All Fast at the specified loading berth, whichever occurs first. (3) If the barge arrives in the port or the waiting place after the agreed loading date range, and Xxxxx’s barge is not rejected by Seller as is otherwise in all respects ready to load, laytime shall commence when the Vessel is All Fast to the specified loading berth.

Appears in 2 contracts

Samples: General Terms and Conditions for the Sale of Crude Oil and Petroleum Products, General Terms and Conditions for the Sale of Crude Oil and Petroleum Products

Laytime. (a) All Vessels (Other Than Barges). Allowed laytime shall be, in order of When the precedence, (a) the allowed laytime as agreed by the Parties vessel has arrived at the time of Vessel acceptanceXxxxxxx Reef Pilot Station, (b) voyage chartered – where the single voyage Vessel charter party agreement specifies a laytime allowance per hour or specific laytime allowance for loadingother Coast Guard approved inspection site, then such allowed laytime shall apply, or, if neither (a) or (b) apply, (c) the market rate current on the date the loading commences for a Vessel of the size and type appropriate to the Vessel's cargo for a single voyage charter from the load port to the Buyer's discharge port. (i) If the Vessel arrives, has been cleared by U.S. Coast Guard and is in all respects ready to dischargeproceed to Buyer’s facility to discharge the product, berth or no berth, the vessel’s master or his representative shall tender notice of readiness to Buyer by letter, telegraph, wireless or telephone. If the notice is by telephone, it shall be confirmed in writing within two hours of the telephone call. Vessel laytime allowed to Buyer, without demurrage charges, shall be based on a discharge rate of six hundred metric tons per hour, Saturdays, Sundays and holidays included, plus six hours after receipt of notice of readiness (N.O.R.) (b) Seller shall arrange for the vessel’s master or Seller’s agent to notify the Buyer of the E.T.A. 72, 48, and tenders written NOR by 24 hours in advance of the vessel’s arrival at the discharge port. Should the expected arrival hour change following the 48 hour arrival notice, the vessel’s master or owner's agents within Seller’s agent shall promptly notify the agreed delivery date range, laytime shall commence six (6) hours after NOR is tendered or when Buyer of the Vessel is secured All Fast at the specified discharge berth, whichever occurs first and end upon hose disconnectionnew arrival hour. (iic) If None of the Vessel arrives following shall count against Buyer’s allowed laytime: (1) Time used in moving the vessel from anchorage to berth; (2) Time lost due to any delay in the vessel clearing her berth, caused by the vessel; (3) Time lost if Seller or any agency or authority having jurisdiction over the port or the waiting area before dock prohibits the agreed delivery date range, and the Vessel is in all respects ready to discharge, and tenders written NOR by the master or owner's agents, laytime shall commence at 00:01 hours local time on the first day discharging of the delivery date range or when product at any time unless the Vessel prohibition is secured All Fast at the specified discharge berth, whichever occurs first caused by facility’s failure to comply with applicable laws and end upon hose disconnection.regulations; (iii4) If the Vessel arrives Time lost in awaiting U.S. Coast Guard, Customs and Immigration clearance; (5) Any time lost or delay caused by port restrictions imposed by any agency or authority having jurisdiction over the port or the dock, such as restrictions relating to tides, dark hours, minimum safety visibility, time waiting place after for daylight and like conditions; or (6) Time lost or delay caused by strike, lockout, stoppage or restraint of labor for master, officers and crew of the agreed delivery date range, and is otherwise in all respects ready to discharge, laytime shall commence when the Vessel is All Fast to the specified discharge berth, and end upon hose disconnectionvessel or tugboat or pilots. (ivd) Laytime will recommence two (2) hours after disconnection If used laytime exceeds allowed laytime for discharging because of hoses if the Vessel is delayed in its departure due to Buyer’s inability to receive cargo, then Buyer shall pay for the excess laytime at the demurrage rate per hour. (e) If, however, demurrage shall be incurred by reason of fire, explosion, storm or by a strike, lockout, stoppage or restraint of labor or by breakdown of machinery or equipment in or about the dock, or in or about Buyer’s receiver’s not providing any and/or all Facility, the rate of demurrage shall be reduced to one half of the necessary documents and/or clearances to allow rate for demurrage so incurred. (f) All charges at the Vessel to depart. Used laytime discharge port, other than those defined by Worldscale as being for owners’ account (including the expense if any, of shifting berth at the discharge port, unless such shift shall continue until such documents and/or clearances have been provided to be for the Vessel vessels’ purposes), shall he paid by Buyer or Buyer’s receiver(s).

Appears in 2 contracts

Samples: Propane Sales Contract, Propane Sales Contract (DCP Midstream Partners, LP)

Laytime. Total laytime shall consist of the allowed time day or night as set forth below for loading, including Saturdays, Sundays and holidays. (ai) All Vessels (Other Than Barges). Allowed laytime shall be, in order of the precedence, (a) the allowed laytime as agreed by the Parties at the time of Vessel acceptance, (b) voyage chartered – where the single voyage Vessel charter party agreement specifies a laytime allowance per hour or specific laytime allowance for loading, then such allowed laytime shall apply, pro rata for part cargo, otherwise the laytime allowance shall be one-half (1/2) of the total laytime allowance as provided in the single voyage charter party, pro rata for part cargo or, if neither (a) or (b) apply, (c) the market rate current on the date the loading commences for a Vessel of the size and type appropriate to the Vessel's cargo for a single voyage charter from the load port to the Buyer's discharge port. (i1) If the Vessel arrives, is in all respects ready to dischargeload, and tenders written NOR by the master or owner's agents within the agreed delivery loading date range, laytime shall commence six (6) hours after NOR is tendered or when the Vessel is secured All Fast at the specified discharge loading berth, whichever occurs first and end upon hose disconnectionfirst. (ii2) If the Vessel arrives in the port or the waiting area before the agreed delivery loading date range, and the Vessel is in all respects ready to dischargeload, and tenders written NOR by the master or owner's agents, laytime shall commence at 00:01 hours local time on the first day of the delivery loading date range or when the Vessel is secured All Fast at the specified discharge loading berth, whichever occurs first and end upon hose disconnectionfirst. (iii3) If the Vessel arrives in the port or the waiting place after the agreed delivery loading date range, and Xxxxx’s Vessel is not rejected by Seller and is otherwise in all respects ready to dischargeload, laytime shall commence when the Vessel is All Fast to the specified discharge loading berth, and end upon hose disconnection. (iv) . Laytime will recommence two (2) hours after disconnection of hoses if the Vessel is delayed in its departure due to BuyerSeller’s or BuyerSeller’s receiversupplier’s not providing any and/or all of the necessary documents and/or clearances to allow the Vessel to depart. Used laytime Laytime shall continue until such documents and/or clearances have been provided to the Vessel by Buyer Seller or BuyerSeller’s receiver(ssupplier(s). (ii) I n l a n d an d O ce an - go i n g Barges. Allowed laytime shall be, in order of the precedence, (a) the allowed laytime as agreed by the Parties at the time of barge acceptance, (b) voyage chartered: where the single voyage charter party specifies a laytime allowance per hour or a specific laytime allowance for load, then such laytime allowance shall apply, pro rata for part cargo, otherwise the laytime allowance shall be one-half (1/2) of the total laytime allowance as provided in the single voyage charter party, pro rata for part cargo or, if neither (a) or (b) apply, (c) the market rate current on the date the loading commences for a Vessel of the size and type appropriate to the Vessel's cargo for a single voyage charter from the load port to the Buyer's discharge port. (1) If the barge arrives, is in all respects ready to load, and tenders written NOR by the master or owner's agents within the agreed loading date range, laytime shall commence at the time NOR is tendered or when the barge is secured All Fast at the specified loading berth, whichever occurs first. (2) If the barge arrives in the port or the waiting area before the agreed loading date range, and the barge is in all respects ready to load, and tenders written NOR by the master or owner's agents, laytime shall commence at 00:01 hours local time on the first day of the loading date range or when the barge is secured All Fast at the specified loading berth, whichever occurs first. (3) If the barge arrives in the port or the waiting place after the agreed loading date range, and Xxxxx’s barge is not rejected by Seller as is otherwise in all respects ready to load, laytime shall commence when the Vessel is All Fast to the specified loading berth.

Appears in 2 contracts

Samples: General Terms and Conditions for the Sale of Crude Oil and Petroleum Products, General Terms and Conditions for the Sale of Crude Oil and Petroleum Products

Laytime. Laytime shall commence Twelve (12) hours after the vessel tenders NOR unless sooner commenced. Time lost by the following causes shall not count as laytime: a) Loading interruption due to bad weather such as rains/wind etc.; b) Any time lost due to Initial, final and intermediate draft checks; c) Any time lost if loading has been interrupted due to insufficient ballast pump capacity in relation to loading rate; d) Any time lost as a result of breakdown, inefficiency, repairs or any other inability of the vessel to load the Coal; e) Delays due to breakdown of the vessel‟s loading equipment(s), ballasting equipment(s). f) Any time taken for shifting the vessel from anchorage or pilot on board whichever is earlier, until vessel is all fast alongside the designated berth/or anchorage and ready in all aspects to load Loading interruptions which result in time lost in loading the Vessel as a result of the Seller‟s actions shall always count as lay-time and shall include but are not limited to the following: (a) All Vessels (Other Than Barges). Allowed laytime shall be, in order Time lost due to waiting at the Load Port or anchorage for delivery of the precedence, (a) Seller‟s Coal for loading into the allowed laytime as agreed by the Parties at the time of Vessel acceptance, Vessel; (b) voyage chartered – where Time lost due to the single voyage Vessel charter party agreement specifies a laytime allowance per hour unavailability of stevedore labour or specific laytime allowance for loadingequipment at the coal terminal or anchorage; Once the vessel is on demurrage, she will always remain on demurrage and all time lost shall continuously count as laytime. Incase if the exports are from Republic of Indonesia, Seller should ensure that it holds the Registered Exporter Certificate (ET) and Recommendation Letter from DJMB (Directorate General of Mineral and Coal) Indonesia to export coal from Indonesia. In case of any delay due to the non availability of ET, all time lost due to vessel waiting at loadport is onto seller‟s account. After completion of final draft survey at loadport , seller to be allowed maximum 6 hours to complete the export permit document (PEB). If after that vessel is further delayed in sailing from the port of loading because of waiting export permit document (PEB) , then such allowed laytime shall apply, or, if neither (a) or (b) apply, (c) the market rate current on the date the loading commences for a Vessel of the size and type appropriate to the Vessel's cargo for a single voyage charter from the load port to the Buyer's discharge port. (i) If the Vessel arrives, is in all respects ready to discharge, and tenders written NOR by the master or owner's agents within the agreed delivery date range, laytime shall commence six (6) hours after NOR is tendered or when the Vessel is secured All Fast at the specified discharge berth, whichever occurs first and end upon hose disconnection. (ii) If the Vessel arrives in the port or the waiting area before the agreed delivery date range, and the Vessel is in all respects ready to discharge, and tenders written NOR by the master or owner's agents, laytime shall commence at 00:01 hours local time on the first day of the delivery date range or when the Vessel is secured All Fast at the specified discharge berth, whichever occurs first and end upon hose disconnection. (iii) If the Vessel arrives in the port or the waiting place after the agreed delivery date range, and is otherwise in all respects ready 6 hours upto completion of export permit document (PEB) ( Documents to discharge, laytime be onboard) shall commence when the Vessel is All Fast to the specified discharge berth, and end upon hose disconnectionbe counted on Sellers account. (iv) Laytime will recommence two (2) hours after disconnection of hoses if the Vessel is delayed in its departure due to Buyer’s or Buyer’s receiver’s not providing any and/or all of the necessary documents and/or clearances to allow the Vessel to depart. Used laytime shall continue until such documents and/or clearances have been provided to the Vessel by Buyer or Buyer’s receiver(s).

Appears in 1 contract

Samples: Sale and Purchase Agreement

Laytime. (a) All Vessels (Other Than Barges). Allowed laytime shall be, in order of the precedence, (a) the allowed laytime as agreed by the Parties at the time of Vessel acceptance, (b) voyage chartered – where the single voyage Vessel charter party agreement specifies a laytime allowance per hour or specific laytime allowance for loading, then such allowed laytime shall apply, or, if neither (a) or (b) apply, (c) the market rate current on the date the loading commences for a Vessel of the size and type appropriate to the Vessel's cargo for a single voyage charter from the load port to the Buyer's discharge port. (i) If the Laytime for Vessel arrives, is in all respects ready to discharge, discharging Petroleum Product shall be 120 hours and tenders written NOR by the master or owner's agents within the agreed delivery date range, laytime shall commence six (6) hours after NOR is tendered and accepted or when the Vessel is secured All Fast at the specified discharge berthupon berthing, whichever occurs first is earlier and end upon hose disconnectionshall continue until hoses are disconnected. In the event of delivery by LR1 Vessel subject to NNPC request, Laytime shall be three hundred and sixty (360) hours SSHINC and shall commence 6 (six) hours after NOR is tendered and accepted within the agreed delivery Laycan and office working hours (i.e. 0800 - 1800 hours) and shall continue until hoses are disconnected. In the event of delivery by LR2 Vessel subject to NNPC request, Laytime shall be Seven hundred and twenty (720) hours SSHINC and shall commence 6 (six) hours after NOR is tendered and accepted within the agreed delivery Laycan and office working hours (i.e. 0800 - 1800 hours) and shall continue until hoses are disconnected. (ii) If the Vessel arrives in the port or the waiting area before discharging Petroleum Product tenders NOR prior to the agreed delivery date rangeLaycan, and the Vessel is in all respects ready to discharge, and tenders written NOR by the master or owner's agents, laytime Laytime shall commence at 00:01 12.00 hours local time on the first day of the delivery date range agreed Laycan or when the Vessel is secured All Fast at the specified discharge berthall fast, whichever occurs first and end upon hose disconnectionis earlier. (iii) If the Vessel arrives in the port or the waiting place after discharging Petroleum Product tenders NOR later than the agreed delivery date rangeLaycan, it shall wait for vacant berth and is otherwise in Laytime commences at all respects ready fast. In such instances, NNPC shall make available to discharge, laytime CONSORTIUM next available berth to discharge the cargo. Demurrage incurred while waiting for vacant berth shall commence when the Vessel is All Fast be to the specified discharge berth, CONSORTIUM’s account and end upon hose disconnectionNNPC shall not bear any responsibility for such delays. (iv) For Vessels discharging Petroleum Product where Laytime will recommence two (2) hours after disconnection is exceeded, NNPC shall pay demurrage for the excess time based on verifiable charter party rate or LTBP for month of hoses if loading whichever is lower. For the Vessel is delayed avoidance of doubt, the LTBP for MR calculations shall be the applicable LTBP for LR1 and LR2 pursuant to this Contract. For the avoidance of doubt, in its departure due no event shall NNPC's payment to Buyer’s or Buyer’s receiver’s not providing any and/or all of the necessary documents and/or clearances to allow the Vessel to departCONSORTIUM exceed demurrage cost incurred by CONSORTIUM. Used laytime All demurrage claims shall continue until such documents and/or clearances have been provided to the Vessel by Buyer or Buyer’s receiver(s)be paid in United States Dollars currency.

Appears in 1 contract

Samples: Direct Sale Agreement

Laytime. Total laytime shall consist of the allowed time day or night for loading, including Saturdays, Sundays and holidays, as set forth below (abut without prejudice to the above “Dock Clauses” provision of this “Vessel Nomination, Laydays, Laytime and Demurrage” section). (i) All Vessels (Other Than BargesBarges under 16,000 DWT). Allowed laytime Laytime shall benot commence until NOR is tendered, in order of the precedence, (a) the allowed laytime as agreed by the Parties at the time of Vessel acceptance, (b) voyage chartered – where the single voyage Vessel charter party agreement specifies a laytime allowance per hour or specific laytime allowance for loading, then such allowed laytime shall apply, or, if neither (a) or (b) apply, (c) the market rate current nor prior to 06:00 on the date the loading commences for a Vessel of the size and type appropriate to the Vessel's cargo for a single voyage charter from the load port to the Buyer's discharge port. (i) If the Vessel arrivesfirst Layday, is in all respects ready to dischargeprovided, and tenders written NOR by the master or owner's agents within the agreed delivery date rangehowever, laytime shall commence six (6) hours after NOR is tendered or when that if the Vessel is secured All Fast at the specified discharge berth, whichever occurs first and end upon hose disconnection. (ii) If the Vessel arrives in the port or the waiting area before the agreed delivery date range, and the Vessel is in all respects ready berthed prior to discharge, and tenders written NOR by the master or owner's agents, laytime shall commence at 00:01 hours local time on the first day of the delivery date range or when the Vessel is secured All Fast at the specified discharge berth, whichever occurs first and end upon hose disconnection. (iii) If the Vessel arrives in the port or the waiting place after the agreed delivery date range, and is otherwise in all respects ready to dischargeLayday with Seller’s consent, laytime shall commence when the Vessel is All Fast to Fast. For NOR tendered within the specified discharge berthLaydays, laytime shall commence six hours after tender of NOR or when the Vessel is All Fast, whichever occurs first. Laytime for a Vessel that tenders NOR after the expiration of the Laydays shall commence only when the Vessel is All Fast. Allowed laytime shall be 36 running hours for a full Cargo, and end upon hose disconnectionpro rata for part thereof for a part cargo based on the total volume of Cargo carried by the Vessel on that voyage; provided, however, that laytime shall not be less than 12 hours for a part Cargo. (ivii) Barges Under 16,000 DWT. Laytime will recommence two (2) for barges under 16,000 DWT shall commence three hours after disconnection tendering NOR, when tendered within the agreed Laydays. If NOR is tendered prior to the agreed Laydays, laytime shall commence at 03:00 of hoses if the first day of the Laydays. If NOR is tendered after the agreed Laydays, laytime shall commence when the Vessel is delayed in its departure due to Buyer’s or Buyer’s receiver’s not providing any and/or all of the necessary documents and/or clearances to allow the Vessel to departAll Fast. Used Allowed laytime shall continue until such documents and/or clearances have been provided be 24 running hours for a full Cargo and pro rata for part thereof for a part Cargo. If owned equipment or time chartered equipment, laytime shall be based on the number of hours and the pumping rate in Barrels per hour (“BPH”), as set forth below. U.S. Gulf/Mississippi River Inland Barges (any cargo size): Loading: 3 hours + 3,000 BPH Other Barges Under 16,000 DWT: Cargo Size Pumping Rate Up to 50,00 Barrels 3,000 BPH 50,001 to 90,000 Barrels 4,000 BPH 90,001 to 120,000 Barrels 5,000 BPH 120,001 to 180,000 Barrels 24 hours More than 180,000 Barrels 30 hours In all cases, a minimum laytime of 12 hours shall be allowed on all Cargo transfers, including the Vessel by Buyer or Buyer’s receiver(s)circumstance of part Cargo apportionment.

Appears in 1 contract

Samples: Products Offtake Agreement (PBF Energy Inc.)

Laytime. 7.1 Upon arrival at the Loading Port, RTK shall cause the Notice of Readiness (a“NOR”) All Vessels to be tendered by the master of the Vessel at any time of day or night (Other Than Barges). Allowed Saturdays, Sundays and Holidays included, excluding Super Holidays) at the place where NOR is customarily tendered, as presented in Schedule E. 7.2 Unless otherwise specified in Port Requirements in relation to the Loading Port, laytime shall be, in order of the precedence, (a) the allowed laytime as agreed by the Parties at the time of Vessel acceptance, (b) voyage chartered – where the single voyage Vessel charter party agreement specifies a laytime allowance per hour or specific laytime allowance for loading, then such allowed laytime shall apply, or, if neither (a) or (b) apply, (c) the market rate current on the date the loading commences for a Vessel of the size and type appropriate to the Vessel's cargo for a single voyage charter from the load port to the Buyer's discharge port.commence: (i) If At the Vessel arrives, is in all respects ready to discharge, and tenders written NOR by start of the master first shift following the next available labor call following the tendering of the Notice of Readiness; or owner's agents within the agreed delivery date range, laytime shall commence six (6) hours after NOR is tendered or when the Vessel is secured All Fast at the specified discharge berth, whichever occurs first and end upon hose disconnection.if earlier (ii) If the actual commencement of loading at the Loading Port, in which case actual time shall be used to count. 7.3 Laytime and/or Demurrage shall cease on completion of loading of the Shipment to the master of the Vessel’s satisfaction. 7.4 Laytime allowed for loading shall be the Shipment weight as set forth in the Loading Port weight certificate issued by the independent marine surveyor appointed by RTK divided by the Loading Rate. 7.5 The following shifting time, stoppages and/or interruptions to loading shall not count as laytime unless the Vessel arrives is already on demurrage in which case time will count: (i) any time lost due to the breakdown, inefficiency, repairs or any other inability of, or cause attributable to the Vessel, her master, her crew or owners which affects the berthing and loading of the Vessel; (ii) any time lost due to RTK (or the owner or operator or charterer of the Vessel) preventing, impeding or prohibiting loading; (iii) any governmental authority or port authority preventing, impeding or prohibiting loading; (iv) any time lost due to any labour dispute, strike, go slow, work to rule, lock out, stoppage or restraint of labour involving the master, officers or crew of the Vessel; (v) any time lost due to non-compliance with statutory and class requirements for the Vessel; (vi) for delays in loading the Product due to the Vessel not complying with stevedoring regulations (provided RTK has been notified of such regulation in advance) relevant to the operation of the Loading Port; (vii) in the port event of weather conditions which, in the reasonable opinion of either the Loading Port or the waiting area before master, make loading unsafe and where the agreed delivery date rangeLoading Port has to cease loading, and whether the Vessel is in all respects ready to discharge, and tenders written NOR berth or not or in port or not; (viii) any time lost if loading is interrupted by the master or owner's agents, laytime shall commence at 00:01 hours local time Vessel in order to conduct business on the first day behalf of the delivery date range or when owner (such as taking draught surveys); (ix) during Super Holidays; and (x) any time lost due to Force Majeure. 7.6 Where the Vessel is secured All Fast at alongside the specified discharge berthLoading Port berth and is ready to load the Shipment QSL shall be liable and shall hold RTK harmless for any delays due: (i) to the unavailability of Product caused by QSL; (ii) breakdown and/or inefficiency of the Loading Port, whichever occurs first and end upon hose disconnection.including but not limited to, the operation of the Loading Port, Loading Port cranes, stevedores or other loading equipment, which delays the loading of the Shipment; (iii) If the Vessel arrives and in the port or the waiting place after the agreed delivery date rangesuch event laytime will continue to run, and is otherwise in all respects ready to discharge, laytime shall commence when the Vessel is All Fast to the specified discharge berth, and end upon hose disconnectionDemurrage will accrue. 7.7 QSL shall pay Demurrage to RTK for all excess time at the rate per day pro rata notified in accordance with Section 5.6(iv), provided that RTK gives notice of its claim in writing to QSL, with such relevant supporting documentation as is available, within thirty (iv30) Laytime will recommence two days after completion of loading. QSL shall pay any undisputed Demurrage no later than five (25) hours Business Days following QSL’s receipt of such notice. 7.8 Rentech shall pay Despatch to QSL for all time saved at the rate per day notified in accordance with paragraph 5.6(iv), provided that QSL gives notice of its claim in writing to RTK, with such relevant supporting documentation as is available, within sixty (60) days after disconnection completion of hoses if loading of a Shipment. RTK shall pay any undisputed Despatch no later than five (5) Business Days following RTK’s receipt of such notice. 7.9 Articles 6 and 7 of this Schedule “A” shall survive the Vessel is delayed in its departure due to Buyer’s termination or Buyer’s receiver’s not providing any and/or all expiry of the necessary documents and/or clearances to allow the Vessel to depart. Used laytime shall continue until such documents and/or clearances have been provided to the Vessel by Buyer or Buyer’s receiver(s)Agreement.

Appears in 1 contract

Samples: Master Services Agreement (Rentech Inc /Co/)

Laytime. Laytime shall commence three (3) hours after tender of notice of tow’s or barge’s readiness to load or discharge or upon tow’s or barge’s arrival (and secured) at berth, whichever first occurs except that: (a) All Vessels (Other Than Barges). Allowed laytime Laytime shall be, in order of the precedence, (a) the allowed laytime as agreed by the Parties at not commence prior to the time stipulated as that time for which the tow or barge is originally nominated and accepted, except that Terminal may authorize earlier commencement of Vessel acceptance, (b) voyage chartered – where the single voyage Vessel charter party agreement specifies a laytime allowance per hour or specific laytime allowance for loading, then such allowed laytime shall apply, or, if neither (a) or (b) apply, (c) the market rate current on the date the loading commences for a Vessel of the size and type appropriate to the Vessel's cargo for a single voyage charter from the load port to the Buyer's discharge port. (i) If the Vessel arrives, product is in all respects ready to discharge, and tenders written NOR by the master load or owner's agents within the agreed delivery date range, laytime shall commence six (6) hours after NOR tankage is tendered or when the Vessel is secured All Fast at the specified discharge berth, whichever occurs first and end upon hose disconnection. (ii) If the Vessel arrives in the port or the waiting area before the agreed delivery date range, and the Vessel is in all respects ready to discharge, receive product and tenders written NOR by the master or owner's agents, laytime shall commence at 00:01 hours local time on the first day of the delivery date range or when the Vessel dock space is secured All Fast at the specified discharge berth, whichever occurs first and end upon hose disconnection. (iii) If the Vessel arrives available; in the port or the waiting place after the agreed delivery date range, and is otherwise in all respects ready to discharge, such case laytime shall commence when the Vessel tow or barge is All Fast secured to the specified discharge berth, and end upon hose disconnectiondock. (ivb) Laytime will recommence two for tows or barges arriving more than forty-eight (248) hours after disconnection of hoses if time originally nominated and accepted shall commence twenty-four (24) hours after actual arrival. Laytime for loading shall be based on the Vessel is delayed in its departure due to Buyer’s loading rates: To 49,999 Barrels 2,500 50,000 Barrels and Over 3,000 If the facilities or Buyer’s receiver’s not providing any and/or all condition of the tow or barge will not permit loading at the rate specified above, then the additional time necessary documents and/or clearances for loading shall not count as used laytime. In the event that separate shore tank gauges are required by the barging party for the individual barges in a tow, the time consumed in interruption of the loading to allow obtain the Vessel to departintermediate gauges shall not count as used laytime. Used Laytime for unloading shall be based on the average barrels per hour pumped by the tow or barge after all adjustments for laytime shall continue until such documents and/or clearances during pumping operations stipulated in paragraphs 2 through 5 of these provisions have been provided applied. Steaming or heating time required to bring heavier fuels (i.e., residual fuels, asphalt, bunker fuels, etc.) to a minimum unloading temperature agreed to by both parties to this contract will not count as used laytime. Terminal shall have the Vessel by Buyer right of shifting tow or Buyerbarge from one safe berth to another on Terminal’s receiver(s)payment of all expenses incurred in such shifting. Time consumed on account of shifting shall count as used laytime, Laytime shall run continuously, day and night, Saturdays, Sundays and holidays not excepted.

Appears in 1 contract

Samples: Asset Purchase Agreement (Getty Realty Corp /Md/)

Laytime. A. As detailed below, total laytime will consist of laytime allowed to provide berth (aas set forth in Article 17B1 below) All Vessels (Other Than Barges). Allowed laytime shall beand to prepare for loading or unloading, in order of the precedence, (a) the allowed laytime as agreed by the Parties at plus the time allowed for loading or unloading, day or night, Saturdays, Sundays and holidays not excepted. B. Commencement Of Laytime 1. Laytime for Provided Vessels designated to be provided tendering NOR within the nominated/scheduled time will commence after receipt of NOR or upon such Provided Vessel acceptance, (b) voyage chartered – where the single voyage Vessel charter party agreement specifies a laytime allowance per hour or specific laytime allowance for loading, then such allowed laytime shall apply, or, if neither (a) or (b) apply, (c) the market rate current on the date the loading commences for a Vessel of the size and type appropriate being All Fast to the Vessel's cargo for a single voyage charter from the load port to the Buyer's discharge port. (i) If the Vessel arrives, is in all respects ready to discharge, and tenders written NOR by the master or owner's agents within the agreed delivery date range, laytime shall commence six (6) hours after NOR is tendered or when the Vessel is secured All Fast at the specified discharge berth, whichever occurs first and end upon hose disconnectionfirst. (ii) 2. If a Provided Vessel arrives before the latest accepted scheduled time, used laytime will not commence until the scheduled time, unless the Terminal elects to accept the Provided Vessel earlier, in which case used laytime will begin after the Provided Vessel has been made All Fast. 3. If the Provided Vessel arrives in after the port original scheduled time or the waiting area before the agreed delivery date range, and the Vessel is in all respects ready to discharge, and tenders written NOR by the master or owner's agentsupon rescheduled time, laytime shall will commence at 00:01 hours local time on after the first day of the delivery date range or when the Provided Vessel is secured to the dock and been made All Fast Fast. Further, the Terminal may discontinue loading/discharging and order the Provided Vessel out of berth prior to completion of loading/discharging, without liability, so as to meet the Terminal's obligations to accommodate another vessel; provided that such Provided Vessel shall be entitled on a first priority basis to the next available berth. All costs and expenses for such shifting Provided Vessel in and out of berth will be for Hess's account. At its election, Hess may order the Xxxxxded Vessel to depart the Terminal where it is taking on barrels with less than the originally nominated quantity of barrels for delivery, in which event Hess shall remain responsible for payment of the applicable Dead Freight. Further, Hess may order the Provided Vessel to depart the Terminal where it is deliverying barrels with a quantity of barrels remaining on board that it was scheduled to deliver at such Terminal, in which event the further transportation of such barrels remaining on board other than for transportation to a berth for loading purposes shall be subject to freight charges on the same terms and conditions as any other barrels transported hereunder. C. The amount of laytime to load or discharge from Provided Vessels will be as specified in Schedule B. D. When discharging, the Provided Vessel will maintain: 1. A pressure of 100 psi at the specified Provided Vessel's rail, provided the Terminal is capable of receiving at that pressure; or 2. A rate sufficient to allow the Provided Vessel to discharge berthcompletely within the allowed laytime per Schedule "B" less two hours, whichever occurs first and end upon hose disconnectionassuming the Terminal is capable of receiving at such rate. (iii) If E. Time consumed due to any of the Vessel arrives following will not count as used laytime: 1. Any delay in the port Provided Vessel reaching or departing the waiting place after berth (including weather delays) caused by any reason or condition not reasonably within the agreed delivery date rangeTerminal's control. 2. Any delay, unless ordered by a regulatory authority, on an inward passage including, but not limited to, awaiting daylight, tide, tugs or pilot, time used on lightering operations, and is otherwise in all respects ready to dischargemoving from an anchorage or other waiting place, laytime shall commence when until the Provided Vessel is All Fast to the specified discharge berth, and end upon hose disconnectionFast. (iv) Laytime will recommence two (2) hours after disconnection of hoses if the Vessel is delayed in its departure due to Buyer’s or Buyer’s receiver’s not providing any and/or all of the necessary documents and/or clearances to allow the Vessel to depart. Used laytime shall continue until such documents and/or clearances have been provided to the Vessel by Buyer or Buyer’s receiver(s).

Appears in 1 contract

Samples: Contract of Affreightment (Leevac Marine Inc)

Laytime. Waiting time (ainside or outside commercial port limits) for anchorage or berth will count as laytime. Lay days will commence at 0800 AM (local time) on the next working day after the NOR, as per the Governing Charter Party, has been tendered, WCCON, WIFPON, WIPON, WIBON, even if discharging commences earlier. Shifting from customary waiting place at port anchorage to discharge berth to be for vessels account and time not to count as laytime. All Vessels other time and expenses used in the Vessel shifting from one anchorage or berth or place of cargo operations to another are for the Buyer’s account and will count as laytime, even if such Vessel shifting was ordered by the relevant authority at the discharge port. Owners are responsible for vessel arriving at the discharge port within allowable draft. Lightening is permitted at vessel Owner’s time, risk, and expense. Lightening (Other Than Bargesif applicable) must be performed in the territorial waters of the country of the discharge port. Lightening daughter vessel must be single deck bulk carriers meeting port’s vessel restrictions. If the cargo is lightened using vacuvators from mother vessel to daughter vessels, vacuvators cannot be used again to discharge the daughter vessel(s). Allowed laytime shall beDaughter vessel must be classed highest in Lloyds or equivalent and certified fit for receipt and carriage of bulk cargo under this charter party by first class independent surveyor. If full lightening performed then, in order each daughter vessel, after completion of the precedencelightening operations applicable to that vessel, must tender its Notice of Readiness to discharge to consignees/receivers of their agents during regular business hours (a) the allowed laytime as agreed by the Parties at the time of Vessel acceptance, per (b) voyage chartered – where the single voyage Vessel charter party agreement specifies a laytime allowance per hour or specific laytime allowance for loading, then such allowed laytime shall apply, or, if neither (aabove) or (b) apply, (c) the market rate current on the date the loading commences for a Vessel of the size and type appropriate to the Vessel's cargo for a single voyage charter from the load port to the Buyer's discharge port. (i) If the Vessel arrives, is in all respects ready to discharge, and tenders written NOR by the master or owner's agents within the agreed delivery date range, laytime shall commence six (6) hours after NOR is tendered or when the Vessel is secured All Fast at the specified discharge berth, whichever occurs first and end upon hose disconnection. (ii) If the Vessel arrives in the port or the waiting area before the agreed delivery date range, and the Vessel is in all respects ready to discharge, and tenders written NOR by the master or owner's agents, laytime shall commence at 00:01 hours local 0800 hrs. on next business day and prior time is not to count as laytime used. Laytime shall not count on daughter vessel(s) waiting for discharge berth while another daughter vessel is occupying the first day of the delivery date range or when the Vessel is secured All Fast at the specified discharge berth. Laytime shall recommence on daughter vessel awaiting discharge berth once the daughter vessel at discharge berth has departed. If partial lightening performed then, whichever occurs first after mother vessel has completed lightening operations and end upon hose disconnection. reached required safe arrival draft for the discharge port, the mother vessel may tender its Notice of Readiness to discharge to consignees/receivers or their agents during regular business hours (iiias per (b) If the Vessel arrives in the port or the waiting place after the agreed delivery date range, above) and is otherwise in all respects ready to discharge, laytime shall commence when the Vessel at 0800 hrs. on next business day and prior time used is All Fast not to the specified discharge berth, and end upon hose disconnectioncount as laytime used. (iv) Laytime will recommence two (2) hours after disconnection of hoses if the Vessel is delayed in its departure due to Buyer’s or Buyer’s receiver’s not providing any and/or all of the necessary documents and/or clearances to allow the Vessel to depart. Used laytime shall continue until such documents and/or clearances have been provided to the Vessel by Buyer or Buyer’s receiver(s).

Appears in 1 contract

Samples: Commodity Sales Contract

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Laytime. (a) All Vessels (Other Than Barges)Time for discharging to count from 1300 hours the same Working Day if NOR is given before noon or 0800 hours on the next Working Day if NOR is given after noon during Office Hours, whether the vessel is in berth or not, unless sooner commenced then actual time used in discharging to count. Allowed laytime Time from 0000 hours Sunday until 0800 hours on Monday and/or between 1700 hours on the last Working Day preceding a holiday until 0800 hours the next Working Day shall benot count as Laytime unless used, in order of the precedence, (a) the allowed laytime as agreed by the Parties at the if used actual time of Vessel acceptance, to count. (b) voyage chartered – where Once the single voyage Vessel charter party agreement specifies a laytime allowance per hour or specific laytime allowance for loadingvessel is on Demurrage, she shall remain on Demurrage until completion of discharging. However, if there is any delay due to vessel’s inability to discharge during the Demurrage period, then to the extent such allowed laytime delay is attributable to the fault of the vessel, such time lost shall apply, or, if neither (a) or (b) apply, not count as Demurrage time. (c) the market rate current on the date the loading commences for a Vessel of the size and type appropriate Shifting time from anchorage to the Vessel's cargo berth shall not count as Laytime, unless vessel is already on Demurrage. Similarly time lost in moving on or off a berth or from one berth to another shall not count as Laytime unless movement from one berth to another berth is requested by Buyer. Time used for a single voyage charter from the load port to the Buyer's discharge portinitial, intermediate (if any) and final draft survey shall not count as Laytime. (id) If the Vessel arrives, is in all respects ready to discharge, shall open and tenders written NOR by the master or owner's agents within the agreed delivery date range, laytime shall commence six (6) hours after NOR is tendered or when the Vessel is secured All Fast close hatches and remove and replace beams at the specified discharge berthvessel’s risk and expense, whichever occurs first and end upon hose disconnectionprovided same is permitted by port authorities, in which case the time used for such purpose shall not count as Laytime. (iie) If a Parcel is carried on the Vessel arrives in same vessel together with other cargo to be unloaded at the port or the waiting area before the agreed delivery date range, Discharge Port belonging to other shipper(s) (such other cargo and the Vessel Parcel, each referred to in this Section 4.7(e) only as a ‘shipment’), Laytime for the discharge of the second shipment shall commence two hours after completion of discharge of the first shipment unless discharging of the second shipment is in all respects ready to dischargesooner commenced. If the discharge of the first shipment is completed after Office Hours, and tenders written NOR by Laytime for the master or owner's agents, laytime second shipment shall commence at 00:01 0800 hours local time on the first day of the delivery date range or when the Vessel is secured All Fast next Working Day, unless sooner commenced, in which case actual time used shall count as Laytime used. Any waiting time for berth at the specified discharge berth, whichever occurs first and end upon hose disconnectionDischarge Port shall be prorated between each shipper based on the quantity of each shipment the vessel is carrying for that specific Discharge Port. (iiif) If Any time lost in discharging of a Parcel on account of repairing the Vessel arrives in the port carrying vessel’s gears/equipment or the waiting place after the agreed delivery date range, and is otherwise in all respects ready to discharge, laytime shall commence when the Vessel is All Fast due to the specified discharge berth, and end upon hose disconnection. (iv) Laytime will recommence two (2) hours after disconnection of hoses if the Vessel is delayed in its departure due to Buyer’s or Buyer’s receiver’s not providing any and/or all fault of the necessary documents and/or clearances to allow the Vessel to depart. Used laytime vessel owner, vessel master or their agents shall continue until such documents and/or clearances have been provided to the Vessel by Buyer not count as Laytime or Buyer’s receiver(s)time on Demurrage.

Appears in 1 contract

Samples: Copper Concentrate Sales Agreement (Thompson Creek Metals CO Inc.)

Laytime. Total laytime shall consist of the allowed time day or night as set forth below for loading, including Saturdays, Sundays and holidays. (ai) All Vessels (Other Than Barges). Allowed laytime shall be, in order of the precedence, (a) the allowed laytime as agreed by the Parties at the time of Vessel acceptance, (b) voyage chartered – where the single voyage Vessel charter party agreement specifies a laytime allowance per hour or specific laytime allowance for loading, then such allowed laytime shall apply, pro rata for part cargo, otherwise the laytime allowance shall be one-half (1/2) of the total laytime allowance as provided in the single voyage charter party, pro rata for part cargo or, if neither (a) or (b) apply, (c) the market rate current on the date the loading commences for a Vessel of the size and type appropriate to the Vessel's cargo for a single voyage charter from the load port to the Buyer's discharge port. (i1) If the Vessel arrives, is in all respects ready to dischargeload, and tenders written NOR by the master or owner's agents within the agreed delivery loading date range, laytime shall commence six (6) hours after NOR is tendered or when the Vessel is secured All Fast at the specified discharge loading berth, whichever occurs first and end upon hose disconnectionfirst. (ii2) If the Vessel arrives in the port or the waiting area before the agreed delivery loading date range, and the Vessel is in all respects ready to dischargeload, and tenders written NOR by the master or owner's agents, laytime shall commence at 00:01 hours local time on the first day of the delivery loading date range or when the Vessel is secured All Fast at the specified discharge loading berth, whichever occurs first and end upon hose disconnectionfirst. (iii3) If the Vessel arrives in the port or the waiting place after the agreed delivery loading date range, and Xxxxx’s Vessel is not rejected by Seller and is otherwise in all respects ready to dischargeload, laytime shall commence when the Vessel is All Fast to the specified discharge loading berth, and end upon hose disconnection. (iv) . Laytime will recommence two (2) hours after disconnection of hoses if the Vessel is delayed in its departure due to BuyerSeller’s or BuyerSeller’s receiversupplier’s not providing any and/or all of the necessary documents and/or clearances to allow the Vessel to depart. Used laytime Laytime shall continue until such documents and/or clearances have been provided to the Vessel by Buyer Seller or BuyerSeller’s receiver(ssupplier(s). (ii) In lan d an x X xxxx - xxxx g Barges. Allowed laytime shall be, in order of the precedence, (a) the allowed laytime as agreed by the Parties at the time of barge acceptance, (b) voyage chartered: where the single voyage charter party specifies a laytime allowance per hour or a specific laytime allowance for load, then such laytime allowance shall apply, pro rata for part cargo, otherwise the laytime allowance shall be one-half (1/2) of the total laytime allowance as provided in the single voyage charter party, pro rata for part cargo or, if neither (a) or (b) apply, (c) the market rate current on the date the loading commences for a Vessel of the size and type appropriate to the Vessel's cargo for a single voyage charter from the load port to the Buyer's discharge port. (1) If the barge arrives, is in all respects ready to load, and tenders written NOR by the master or owner's agents within the agreed loading date range, laytime shall commence at the time NOR is tendered or when the barge is secured All Fast at the specified loading berth, whichever occurs first. (2) If the barge arrives in the port or the waiting area before the agreed loading date range, and the barge is in all respects ready to load, and tenders written NOR by the master or owner's agents, laytime shall commence at 00:01 hours local time on the first day of the loading date range or when the barge is secured All Fast at the specified loading berth, whichever occurs first. (3) If the barge arrives in the port or the waiting place after the agreed loading date range, and Xxxxx’s barge is not rejected by Seller as is otherwise in all respects ready to load, laytime shall commence when the Vessel is All Fast to the specified loading berth.

Appears in 1 contract

Samples: General Terms and Conditions for the Sale of Crude Oil and Petroleum Products

Laytime. A. As detailed below, total laytime will consist of laytime allowed to provide berth (aas set forth in Article 17B1 below) All Vessels (Other Than Barges). Allowed laytime shall beand to prepare for loading or unloading, in order of the precedence, (a) the allowed laytime as agreed by the Parties at plus the time allowed for loading or unloading, day or night, Saturdays, Sundays and holidays not excepted. B. Commencement Of Laytime 1. Laytime for Provided Vessels designated to be provided tendering NOR within the nominated/scheduled time will commence after receipt of NOR or upon such Provided Vessel acceptance, (b) voyage chartered – where the single voyage Vessel charter party agreement specifies a laytime allowance per hour or specific laytime allowance for loading, then such allowed laytime shall apply, or, if neither (a) or (b) apply, (c) the market rate current on the date the loading commences for a Vessel of the size and type appropriate being All Fast to the Vessel's cargo for a single voyage charter from the load port to the Buyer's discharge port. (i) If the Vessel arrives, is in all respects ready to discharge, and tenders written NOR by the master or owner's agents within the agreed delivery date range, laytime shall commence six (6) hours after NOR is tendered or when the Vessel is secured All Fast at the specified discharge berth, whichever occurs first and end upon hose disconnectionfirst. (ii) 2. If a Provided Vessel arrives before the latest accepted scheduled time, used laytime will not commence until the scheduled time, unless the Terminal elects to accept the Provided Vessel earlier, in which case used laytime will begin after the Provided Vessel has been made All Fast. 3. If the Provided Vessel arrives in after the port original scheduled time or the waiting area before the agreed delivery date range, and the Vessel is in all respects ready to discharge, and tenders written NOR by the master or owner's agentsupon rescheduled time, laytime shall will commence at 00:01 hours local time on after the first day of the delivery date range or when the Provided Vessel is secured to the dock and been made All Fast Fast. Further, the Terminal may discontinue loading/discharging and order the Provided Vessel out of berth prior to completion of loading/discharging, without liability, so as to meet the Terminal's obligations to accommodate another vessel; provided that such Provided Vessel shall be entitled on a first priority basis to the next available berth. All costs and expenses for such shifting Provided Vessel in and out of berth will be for Hesx'x xxcount. At its election, Hess may order the Provided Vessel to depart the Terminal where it is taking on barrels with less than the originally nominated quantity of barrels for delivery, in which event Hess shall remain responsible for payment of the applicable Dead Freight. Further, Hess may order the Provided Vessel to depart the Terminal where it is deliverying barrels with a quantity of barrels remaining on board that it was scheduled to deliver at such Terminal, in which event the further transportation of such barrels remaining on board other than for transportation to a berth for loading purposes shall be subject to freight charges on the same terms and conditions as any other barrels transported hereunder. C. The amount of laytime to load or discharge from Provided Vessels will be as specified in Schedule B. D. When discharging, the Provided Vessel will maintain: 1. A pressure of [Confidential material omitted and filed separately with the Commission] psi at the specified Provided Vessel's rail, provided the Terminal is capable of receiving at that pressure; or 2. A rate sufficient to allow the Provided Vessel to discharge berthcompletely within the allowed laytime per Schedule "B" less two hours, whichever occurs first and end upon hose disconnectionassuming the Terminal is capable of receiving at such rate. (iii) If E. Time consumed due to any of the Vessel arrives following will not count as used laytime: 1. Any delay in the port Provided Vessel reaching or departing the waiting place after berth (including weather delays) caused by any reason or condition not reasonably within the agreed delivery date rangeTerminal's control. 2. Any delay, unless ordered by a regulatory authority, on an inward passage including, but not limited to, awaiting daylight, tide, tugs or pilot, time used on lightering operations, and is otherwise in all respects ready to dischargemoving from an anchorage or other waiting place, laytime shall commence when until the Provided Vessel is All Fast to the specified discharge berth, and end upon hose disconnectionFast. (iv) Laytime will recommence two (2) hours after disconnection of hoses if the Vessel is delayed in its departure due to Buyer’s or Buyer’s receiver’s not providing any and/or all of the necessary documents and/or clearances to allow the Vessel to depart. Used laytime shall continue until such documents and/or clearances have been provided to the Vessel by Buyer or Buyer’s receiver(s).

Appears in 1 contract

Samples: Contract of Affreightment (Hornbeck Offshore Services Inc /De/)

Laytime. (a) All Vessels (Other Than Barges). Allowed laytime shall be, in order For the purposes of the precedence, (a) the allowed laytime as agreed by the Parties at the time of Vessel acceptance, (b) voyage chartered – where the single voyage Vessel charter party agreement specifies a laytime allowance per hour or specific laytime allowance for loading, then such allowed laytime shall apply, or, if neither (a) or (b) apply, (c) the market rate current on the date the loading commences for a Vessel of the size and type appropriate to the Vessel's cargo for a single voyage charter from the load port to the Buyer's discharge port.this Agreement: (i) If the Vessel arrives, is in all respects ready to discharge, and tenders written NOR by the master or owner's agents within the agreed delivery date range, laytime Laytime shall commence six twelve (612) hours after a valid NOR is tendered or when unless discharging operations commence before the Vessel is secured All Fast at expiry of this twelve (12) hour period (in which case Laytime shall run from the specified discharge berth, whichever occurs first and end upon hose disconnection.time discharging operations commence); (ii) If Laytime shall cease counting upon completion of discharge of the Vessel arrives and shall not, save as expressly set out in the port or the waiting area before the agreed delivery date rangethis Agreement, and cease counting for any reason once the Vessel is in all respects ready to On Demurrage until completion of discharge, and tenders written NOR by the master or owner's agents, laytime shall commence at 00:01 hours local time on the first day of the delivery date range or when the Vessel is secured All Fast at the specified discharge berth, whichever occurs first and end upon hose disconnection.; (iii) If the Vessel arrives in the port or the waiting place after the agreed delivery date range, and is otherwise in all respects ready time spent shifting from anchorage to discharge, laytime discharge berth shall commence when the Vessel is All Fast to the specified discharge berth, and end upon hose disconnection.not count as Laytime; (iv) Laytime shall not include the periods in paragraph (b) below; and (v) the Purchaser can shift the Vessel at the Discharging Port from one berth to another or to anchorage. If the Purchaser exercises this right, any resulting shifting expenses shall be for the Purchaser’s account and any time so used shall count as Laytime. (b) Laytime will recommence two not run for the following periods and in the following circumstances: (2i) hours after disconnection if and for so long as an independent marine inspector determines that the Vessel is not capable of hoses being discharged safely in accordance with Good Practice except where the Vessel is already On Demurrage if caused for reasons within the control of the Purchaser or the operator of the Discharging Port and otherwise even if the Vessel is already On Demurrage; (ii) during periods of Force Majeure except where the Vessel is already On Demurrage; (iii) if a Vessel is neaped, unless such neaping is caused by the Vessel being delayed from berthing at the quay for more than 12 hours for reasons within the control of the Purchaser or the operator of the Discharging Port even where the Vessel is already On Demurrage; (iv) during adverse weather conditions where the operator of the Discharging Port has consequently had to postpone or cease discharge, and whether the Vessel is in its departure the Discharging Port or not or whether the Vessel is in berth or not except where the Vessel is already On Demurrage; (v) in the time lost due to Buyer’s any cause attributable to a Vessel, her Master, her crew, or Buyer’s receiver’s not providing any and/or all her Vessel Owners which affects the berthing and discharge of the necessary documents and/or clearances to allow Vessel even where the Vessel is already On Demurrage. (vi) in the time lost if discharge is interrupted by the Vessel in order to depart. Used laytime shall continue until such documents and/or clearances have been provided conduct business on behalf of the owner of the Vessel even if the Vessel is already On Demurrage; (vii) in the time lost if discharge is interrupted due to insufficient ballast pump capacity in relation to the unloading rate even if the Vessel is already On Demurrage; (viii) during Super Holidays, unless the parties have made a separate written agreement to discharge during a Super Holiday except where the Vessel is already On Demurrage; (ix) in the time lost if discharge is interrupted by Buyer the Vessel’s Master or Buyerby the Vessel’s receiver(s)crew’s implementation of the Blu Code even if the Vessel is already On Demurrage; (x) time lost due to the occupation of the quay by another Vessel except where that Vessel is On Demurrage; or (xi) as a result of problems arising directly and/or indirectly due to the Shipment constituting Non-Conforming Biomass or containing Extraneous Materials even if the Vessel is already On Demurrage.

Appears in 1 contract

Samples: Biomass Supply Agreement (Enviva Partners, LP)

Laytime. Waiting time (ainside or outside commercial port limits) for anchorage or berth will count as laytime. Laytime will commence at 0800 hours (local time) on the next working day after the NOR, as per the Governing Charter Party, has been tendered, WCCON, WIFPON, WIPON, WIBON, even if discharging commences earlier. Shifting from customary waiting place at port anchorage to discharge berth to be for vessels account and time not to count as laytime. All Vessels (Other Than Barges)other time and expenses used in the Vessel shifting from one anchorage or berth or place of cargo operations to another are for the Buyer’s account and will count as laytime, even if such Vessel shifting was ordered by the relevant authority at the discharge port. Allowed laytime shall be, in order of the precedence, (a) the allowed Any shifting and associated laytime as agreed by the Parties at the time a result of Vessel acceptance, (b) voyage chartered – where the single voyage Vessel charter party agreement specifies a laytime allowance per hour or specific laytime allowance vessel and/or vessel owner’s inability to allow buyers to access cargo will be for loading, then such allowed laytime shall apply, or, if neither (a) or (b) apply, (c) the market rate current on the date the loading commences for a Vessel of the size and type appropriate to the Vessel's cargo for a single voyage charter from the load port to the Buyer's discharge port. (i) sellers account. If the Vessel arrives, discharging berth is unavailable the master may warrant that the vessel is in all respects ready to dischargedischarge and tender the NOR from any usual waiting place, and tenders written NOR by the master Whether in Port or owner's agents within the agreed delivery date rangenot (WIPON), laytime shall commence six Whether in Berth or not (6) hours after NOR is tendered WIBON), Whether in Free Pratique or when the Vessel is secured All Fast at the specified discharge berthnot (WIFPON), whichever occurs first and end upon hose disconnection. Whether Customs Cleared or not (ii) If the Vessel arrives in the port or the waiting area before the agreed delivery date range, and the Vessel is in all respects ready to discharge, and tenders written NOR by the master or owner's agents, laytime WCCON).Laytime shall commence at 00:01 08:00 hours local on the next working day if NOR is validly tendered. Time used before commencement of laytime shall not count. If the discharge berth is occupied and the vessel occupying the berth is prevented from discharging her cargo due to weather conditions, time so lost shall not count as laytime, unless Sellers’ vessel waiting for the berth to become available is on demurrage. Any delays caused by floods, quarantine or by cases of Force Majeure shall not count as laytime unless the vessel is already on demurrage. When master has tendered notice of readiness to discharge from a waiting place and vessel is subsequently found unready in application of the above provisions, laytime or time on demurrage shall not count from the first day of time the delivery date range or when vessel is rejected until the Vessel time she is secured All Fast at the specified discharge berth, whichever occurs first and end upon hose disconnection. (iii) If the Vessel arrives in the port or the accepted. Any time lost shifting from waiting place after the agreed delivery date rangeto berth shall not count as laytime or as time on demurrage, and is otherwise in all respects ready to dischargeunless vessel already on demurrage. Once on demurrage, laytime shall commence when the Vessel is All Fast to the specified discharge berth, and end upon hose disconnectionalways on demurrage. (iv) Laytime will recommence two (2) hours after disconnection of hoses if the Vessel is delayed in its departure due to Buyer’s or Buyer’s receiver’s not providing any and/or all of the necessary documents and/or clearances to allow the Vessel to depart. Used laytime shall continue until such documents and/or clearances have been provided to the Vessel by Buyer or Buyer’s receiver(s).

Appears in 1 contract

Samples: Sales Agreement

Laytime. (a) All Vessels Unless otherwise agreed, barge laytime (Other Than Barges). Allowed laytime “Laytime”) shall be, in order of the precedence, (a) the allowed laytime as agreed by the Parties at the time of Vessel acceptance, (b) voyage chartered – where the single voyage Vessel charter party agreement specifies a laytime allowance per be 3,000 barrels/hour or specific laytime allowance for loading, then such allowed laytime shall apply, or, if neither (a) or (b) apply, (c) the market rate current on the date the loading commences for a Vessel of the size and type appropriate to the Vessel's cargo for a single voyage charter from the load port to the Buyer's discharge portplus three hours freetime. (ib) If the Vessel arrivesarrives before the agreed arrival date range, tenders a valid NOR, and is in all respects ready to dischargeload its cargo, and tenders written NOR by Laytime shall not commence until 00:01 hours on the master or owner's agents within first day of the agreed delivery arrival date range, laytime unless Manufacturer elects to accept the Vessel earlier, in which case Laytime shall commence six (6) hours after NOR is tendered or begin when the Vessel is secured All Fast at the specified discharge berth, whichever occurs first and end upon hose disconnectionall fast. (iic) If the Vessel arrives in the port or the waiting area before the within its agreed delivery arrival date range, tenders a valid NOR, and the Vessel is in all respects ready to dischargeload its cargo, and tenders written NOR by the master or owner's agents, laytime Laytime shall commence at 00:01 hours local time on upon the first day of the delivery date range Vessel’s NOR being tendered, berth or no berth, or when the Vessel is secured All Fast at the specified discharge berthall fast, whichever occurs first and end upon hose disconnectionfirst. (iiid) If the Vessel arrives in the port or the waiting place after the last day of the agreed delivery arrival date range, tenders a valid NOR, and is otherwise in all respects ready to dischargeload its cargo, laytime Laytime shall commence when the Vessel is All Fast all fast. (e) Time consumed due to any of the following shall not count as used Laytime or if the Vessel is on demurrage, for demurrage: (i) Any delay due to the specified discharge berthVessel’s condition, breakdown, or any other causes attributable to the Vessel; (ii) Any delay due to prohibition of discharging at any time by the owner or operator of the Vessel or by the port authorities, unless the prohibition is caused by Manufacturer or Manufacturer’s facility’s failure to comply with applicable laws, rules, and end upon hose disconnection.regulations; (iii) Any delay due to pollution or threat thereof caused by any defect in the Vessel or any act or omission to act by the master or crew of the Vessel; (iv) Laytime will recommence two Any delay due to the Vessel’s violation of the operating or safety rules and/or regulations, noncompliance with: (2i) hours after disconnection federal or state laws, (ii) U.S. Coast Guard regulations, (iii) any other applicable regulations, (iv) or failure to obtain or maintain required certification; (v) Any delays caused by strike, lockout, stoppage or restraint of hoses if labor of master, officers or crew of the Vessel is delayed or of tugboats; (vi) Any delay, not being first caused by the negligence of Manufacturer or Manufacturer’s facility, by reason of fire, explosion, storm, strike, lockout, stoppage or restraint of labor, breakdown of machinery or equipment in its departure due to Buyeror about the facilities of Manufacturer or Manufacturer’s facility, adverse weather, civil unrest, Act of War, riot, arrest or Buyer’s receiver’s not providing any and/or restraint of princes, rulers or peoples, or “Act of God” shall be paid for at one-half (1/2) the rate otherwise provided for demurrage. (f) Laytime shall cease after all of Product has been loaded and when the necessary documents and/or clearances to allow hoses have been disconnected from the Vessel to depart. Used laytime shall continue until such documents and/or clearances have been provided to and the Vessel has been released by Buyer Manufacturer or BuyerManufacturer’s receiver(s)facility. (g) A declaration of Force Majeure Event shall not relieve the Manufacturer from the obligation to pay demurrage under this Agreement.

Appears in 1 contract

Samples: Marketing Agreement (MGP Ingredients Inc)

Laytime. (a) All Vessels Subject to Clause 5.6(b), the period of time contemplated for Contractor to discharge a full Confirmed Cargo (Other Than Barges). "Allowed laytime Discharge Laytime") shall be, in order be a number of consecutive hours equal to ***** plus A/***** where “A” is the precedence, (a) the allowed laytime as agreed by the Parties at the time of Vessel acceptance, LNG Carrier’s cargo containment capacity for such Confirmed Cargo. (b) voyage chartered – where the single voyage Vessel charter party agreement specifies a laytime allowance per hour Allowed Discharge Laytime shall be extended by any period of delay which is caused by one or specific laytime allowance for loading, then such allowed laytime shall apply, or, if neither (a) or (b) apply, (c) the market rate current on the date the loading commences for a Vessel more of the size and type appropriate to the Vessel's cargo for a single voyage charter from the load port to the Buyer's discharge port.following: ​ ​ SPECIFIC TERMS IN THIS EXHIBIT HAVE BEEN REDACTED BECAUSE THEY ARE BOTH (I) NOT MATERIAL AND (II) WOULD BE COMPETITIVELY HARMFUL IF PUBLICLY DISCLOSED, AND THE TERMS HAVE BEEN MARKED AT THE APPROPRIATE PLACE WITH FIVE ASTERISKS (*****). ​ (i) If the Vessel arrivesany Service Excusable Event, is in all respects ready to discharge, and tenders written NOR by the master Force Majeure or owner's agents within the agreed delivery date range, laytime shall commence six (6) hours after NOR is tendered or when the Vessel is secured All Fast at the specified discharge berth, whichever occurs first and end upon hose disconnection.Adverse Weather Conditions; (ii) If the Vessel arrives in the port reasons solely attributable to Charterer, Customer and/or its Affiliates, or the waiting area before the agreed delivery date rangeany contractor, and the Vessel is in all respects ready to discharge, and tenders written NOR by the master subcontractors or owner's agents, laytime shall commence at 00:01 hours local time on the first day of the delivery date range or when the Vessel is secured All Fast at the specified discharge berth, whichever occurs first and end upon hose disconnection.Representatives thereof; (iii) If an LNG discharge rate from the LNG Carrier to the Vessel arrives of less than the rate specified in the port or the waiting place after the agreed delivery date range, and Specifications (except if such reduced rate is otherwise in all respects ready to discharge, laytime shall commence when the Vessel is All Fast solely attributable to the specified discharge berth, and end upon hose disconnection.Vessel); (iv) Laytime will recommence two the compliance or non-compliance by the LNG Carrier with any port regulations, applicable Laws, maritime concessions or environmental regulations, or other reasons solely attributable to the LNG Carrier(s); (2v) hours after disconnection non-compliance with any LNG Carrier loading reference conditions and any operating assumptions set out in the Charter Agreement including usage of hoses if any LNG Carrier with a cargo capacity of less than ***** Cubic Metres; (vi) any incremental STS Boil-Off which exceeds the maximum rate for STS Boil-Off which would be applicable to either the Vessel is delayed in its departure due to Buyer’s or Buyer’s receiver’s not providing any and/or all (or, as applicable, the LNG Carrier) and taking into account the regasification rate of the necessary documents and/or clearances to allow Vessel and the recondensing capacity of the Vessel (or, as applicable, reliquefaction capacity of the LNG Carrier); (vii) inability of the Vessel to departreceive LNG as a result of insufficient space in the Vessel's storage tanks (including as a result of insufficient natural Gas off-take capacity), save to the extent attributable to Owner or Contractor; (viii) the Vessel and/or Owner or Contractor is prohibited or otherwise prevented or delayed in discharging a full Confirmed Cargo by applicable Law or the decision of a Governmental Authority for a reason not attributable to a breach by Owner or Contractor of its obligations under the FSRU Agreements (including any unlawful, unauthorised or without justification revocation of, or refusal to grant, without valid cause, any permit, license, consent or authorisation required by Owner or Contractor to perform the relevant services under the FSRU Agreements); (ix) any out of service necessitated by such conditions or changes resulting from an Applicable Jurisdiction Change in Law which mandates standards beyond those recommended by International Standards (applicable at the as-built date of the Vessel), which occurs after the date of execution of this Agreement; or ​ ​ SPECIFIC TERMS IN THIS EXHIBIT HAVE BEEN REDACTED BECAUSE THEY ARE BOTH (I) NOT MATERIAL AND (II) WOULD BE COMPETITIVELY HARMFUL IF PUBLICLY DISCLOSED, AND THE TERMS HAVE BEEN MARKED AT THE APPROPRIATE PLACE WITH FIVE ASTERISKS (*****). Used laytime ​ (x) any act or omission by Customer or any Customer Indemnified Party which prevents Owner or Contractor from discharging a full Confirmed Cargo; or (xi) any restrictions imposed by the Terminal or Port Operator against night departures of the LNG Carrier but only for the period of such restrictions. (c) Allowed Discharge Laytime shall begin to count when an LNG Carrier starts connecting the Vessel's unloading hoses and vapour return line to the LNG Carrier, and shall continue to run until such documents and/or clearances have been provided the Vessel's unloading hoses and vapour return line are disconnected from the LNG Carrier. (d) Subject to Clause 5.6(e), the period of time contemplated for Contractor to reload a volume of LNG equal to a full cargo to the Reloading Point of an LNG Carrier pursuant to Clause 5.9 ("Allowed Reload Laytime") shall be a number of consecutive hours equal to ***** plus either A/***** (where no regasification operation is in progress) or A/***** (where a regasification operation is in progress) where “A” is the LNG Carrier’s cargo containment capacity for such full cargo and where the LNG Carrier has a storage capacity of at least ***** Cubic Metres, in which case Allowed Reload Laytime shall be calculated on the basis of A/*****. (e) Allowed Reload Laytime shall be extended by any period of delay which is caused by one or more of the following: (i) any Service Excusable Event, Force Majeure or Adverse Weather Conditions; (ii) reasons solely attributable to Charterer, Customer and/or its Affiliates, or any contractor, subcontractors or Representatives thereof; (iii) an LNG receipt rate from the Vessel to the LNG Carrier of less than ***** Cubic Metres/h (where no regasification operation is in progress) or ***** Cubic Metres/h (where a regasification operation is in progress) and in each case where the LNG Carrier has a storage capacity of at least ***** Cubic Metres (except if such reduced rate is solely attributable to the Vessel); (iv) the compliance or non-compliance by Buyer the LNG Carrier with any port regulations, applicable Laws, maritime concessions or Buyer’s receiver(senvironmental regulations, or other reasons solely attributable to the LNG Carrier(s); (v) non-compliance with any LNG Carrier reloading reference conditions and any operating assumptions set out in the Charter Agreement ​ SPECIFIC TERMS IN THIS EXHIBIT HAVE BEEN REDACTED BECAUSE THEY ARE BOTH (I) NOT MATERIAL AND (II) WOULD BE COMPETITIVELY HARMFUL IF PUBLICLY DISCLOSED, AND THE TERMS HAVE BEEN MARKED AT THE APPROPRIATE PLACE WITH FIVE ASTERISKS (*****). ​ including usage of any LNG Carrier with a cargo capacity of less than ***** Cubic Metres; (vi) inability of the LNG Carrier to receive LNG, save to the extent attributable to Owner or Contractor; (vii) any incremental STS Boil-Off which exceeds the maximum rate for STS Boil-Off which would be applicable to either the Vessel (or, as applicable, the LNG Carrier) and taking into account the regasification rate of the Vessel and the recondensing capacity of the Vessel (or, as applicable, reliquefaction capacity of the LNG Carrier); (viii) the Vessel and/or Owner or Contractor is prohibited or otherwise prevented or delayed in reloading the relevant LNG by applicable Law or the decision of a Governmental Authority for a reason not attributable to a breach by Owner or Contractor of its obligations under the FSRU Agreements (including any unlawful, unauthorised or without justification revocation of, or refusal to grant, without valid cause, any permit, license, consent or authorisation required by Owner or Contractor to perform the relevant services under the FSRU Agreements); (ix) any out of service necessitated by such conditions or changes resulting from a Change in Law of Applicable Jurisdiction which mandates standards beyond those recommended by International Standards (applicable on the as-built date of the Vessel) which occurs after the date of execution of this Agreement; (x) any act or omission by Customer or any Customer Indemnified Party which prevents Owner or Contractor from reloading the relevant LNG; or (xi) any restrictions imposed by the Terminal or Port Operator against night departures of the LNG Carrier but only for the period of such restrictions. (f) Allowed Reload Laytime shall begin to count when an LNG Carrier starts connecting the Vessel's loading hoses to the LNG Carrier, and shall continue to run until the Vessel's loading hoses are disconnected from the LNG Carrier. (g) Any failure to: (i) load a Confirmed Cargo of LNG within the Allowed Discharge Laytime; or (ii) reload LNG within the Allowed Reload Laytime, shall be regulated in Clause 6 and Contractor shall have no other liability under or in connection with this Agreement, in respect thereof Regardless of Cause. ​ ​ SPECIFIC TERMS IN THIS EXHIBIT HAVE BEEN REDACTED BECAUSE THEY ARE BOTH (I) NOT MATERIAL AND (II) WOULD BE COMPETITIVELY HARMFUL IF PUBLICLY DISCLOSED, AND THE TERMS HAVE BEEN MARKED AT THE APPROPRIATE PLACE WITH FIVE ASTERISKS (*****). ​ (h) Any incremental STS Boil-Off generated during any operations contemplated pursuant to this Clause 5.6 in excess of required fuel consumption and recondensing capacity shall be treated as a Permitted Gas Loss and Contractor shall have no liability therefor pursuant to this Agreement or otherwise.

Appears in 1 contract

Samples: Fsru Operation and Services Agreement (Hoegh LNG Partners LP)

Laytime. (a) All Vessels (Other Than Barges)Time for discharging to count from 1300 hours the same Working Day if NOR is given before noon or 0800 hours on the next Working Day if NOR is given after noon during Office Hours, whether the vessel is in berth or not, unless sooner commenced then actual time used in discharging to count. Allowed laytime Time from 0000 hours Sunday until 0800 hours on Monday and/or between 1700 hours on the last Working Day preceding a holiday until 0800 hours the next Working Day shall benot count as Laytime unless used, in order of the precedence, (a) the allowed laytime as agreed by the Parties at the if used actual time of Vessel acceptance, to count. (b) voyage chartered – where Once the single voyage Vessel charter party agreement specifies a laytime allowance per hour or specific laytime allowance for loadingvessel is on Demurrage, she shall remain on Demurrage until completion of discharging. However, if there is any delay due to vessel’s inability to discharge during the Demurrage period, then to the extent such allowed laytime delay is attributable to the fault of the vessel, such time lost shall apply, or, if neither (a) or (b) apply, not count as Demurrage time. (c) the market rate current on the date the loading commences for a Vessel of the size and type appropriate Shifting time from anchorage to the Vessel's cargo berth shall not count as Laytime, unless vessel is already on Demurrage. Similarly time lost in moving on or off a berth or from one berth to another shall not count as Laytime unless movement from one berth to another berth is requested by Buyer. Time used for a single voyage charter from the load port to the Buyer's discharge portinitial, intermediate (if any) and final draft survey shall not count as Laytime. (id) If the Vessel arrives, is in all respects ready to discharge, shall open and tenders written NOR by the master or owner's agents within the agreed delivery date range, laytime shall commence six (6) hours after NOR is tendered or when the Vessel is secured All Fast close hatches and remove and replace beams at the specified discharge berthvessel’s risk and expense, whichever occurs first and end upon hose disconnectionprovided same is permitted by port authorities, in which case the time used for such purpose shall not count as Laytime. (iie) If a Parcel is carried on the Vessel arrives in same vessel together with other cargo to be unloaded at the port or the waiting area before the agreed delivery date range, Discharge Port belonging to other shipper(s) (such other cargo and the Vessel Parcel, [**] - Indicates certain information has been redacted and filed separately with the Securities and Exchange Commission. Confidential treatment has been requested with respect to the redacted portions. each referred to in this Section 4.7(e) only as a ‘shipment’), Laytime for the discharge of the second shipment shall commence two hours after completion of discharge of the first shipment unless discharging of the second shipment is in all respects ready to dischargesooner commenced. If the discharge of the first shipment is completed after Office Hours, and tenders written NOR by Laytime for the master or owner's agents, laytime second shipment shall commence at 00:01 0800 hours local time on the first day of the delivery date range or when the Vessel is secured All Fast next Working Day, unless sooner commenced, in which case actual time used shall count as Laytime used. Any waiting time for berth at the specified discharge berth, whichever occurs first and end upon hose disconnectionDischarge Port shall be prorated between each shipper based on the quantity of each shipment the vessel is carrying for that specific Discharge Port. (iiif) If Any time lost in discharging of a Parcel on account of repairing the Vessel arrives in the port carrying vessel’s gears/equipment or the waiting place after the agreed delivery date range, and is otherwise in all respects ready to discharge, laytime shall commence when the Vessel is All Fast due to the specified discharge berth, and end upon hose disconnection. (iv) Laytime will recommence two (2) hours after disconnection of hoses if the Vessel is delayed in its departure due to Buyer’s or Buyer’s receiver’s not providing any and/or all fault of the necessary documents and/or clearances to allow the Vessel to depart. Used laytime vessel owner, vessel master or their agents shall continue until such documents and/or clearances have been provided to the Vessel by Buyer not count as Laytime or Buyer’s receiver(s)time on Demurrage.

Appears in 1 contract

Samples: Copper Concentrate Sales Agreement (Thompson Creek Metals Co Inc.)