Common use of LNG TANKER INSPECTIONS AND VETTING PROCEDURES Clause in Contracts

LNG TANKER INSPECTIONS AND VETTING PROCEDURES. 2.1 During the term of this Agreement, on prior reasonable notice to the Transporter, Project Co may, at its sole risk, send its representatives (including an independent internationally recognized maritime consultant) to inspect during normal working hours any LNG Tanker as Project Co may consider necessary to ascertain whether the LNG Tanker complies with this Agreement. Project Co shall bear the costs and expenses in connection with any inspection conducted hereunder. Any such inspection may include, as far as is practicable having regard to the LNG Tanker’s operational schedule, examination of the records related to the LNG Tanker’s hull, cargo and ballast tanks, machinery, boilers, auxiliaries and equipment; examination of the LNG Tanker’s deck, engine and official log books; review of records of surveys by the LNG Tanker’s classification society and relevant Governmental Authorities; and review of the LNG Tanker’s operating procedures and performance of surveys, both in port and at sea. Any inspection carried out pursuant to this Paragraph 2.1 shall not interfere with, or hinder, any LNG Tanker’s safe and efficient construction or operation. No inspection (or lack thereof) of an LNG Tanker hereunder shall: (i) modify or amend Transporter’s obligations, representations, warranties, and covenants hereunder; or (ii) constitute an acceptance or waiver by Project Co of Transporter’s obligations hereunder. 2.2 Subject to Clause 16.4, Project Co shall indemnify and hold Transporter and its Affiliates harmless from any Claims and Losses resulting from Project Co’s inspection of any LNG Tanker pursuant to Paragraph 2.1. 2.3 The Transporter shall comply with all LNG Tanker vetting procedures, as set forth in the Corpus Christi Marine Operations Manual. 2.4 Project Co shall have the right to reject any LNG vessel that the Transporter intends to use to take delivery of LNG hereunder at the Corpus Christi Facility (or Alternate Production Facility, as applicable) if such LNG vessel does not comply materially with the provisions of this Agreement, provided that: 2.4.1 neither the exercise nor the non-exercise of such right shall reduce the responsibility of the Transporter to Project Co in respect of such LNG vessel and her operation, nor increase Project Co’s responsibilities to the Transporter or Third Parties for the same; and 2.4.2 the Transporter’s obligations under this Agreement shall not be excused or suspended by reason of Transporter’s inability (pursuant to the foregoing) to use a vessel as an LNG Tanker.