LNG Tankers Sample Clauses
LNG Tankers. (a) Force Majeure relief in respect of Buyer for an event described in Section 14.1.1(f) affecting a specific LNG Tanker shall only be available with respect to cargoes that are scheduled to be transported on such LNG Tanker in the applicable Ninety Day Schedule or ADP for such Contract Year, or (to the extent that the ADP for the following Contract Year has been issued by Seller) in the ADP for the following Contract Year.
(b) With respect to any particular cargo, Buyer shall not be entitled to claim Force Majeure relief for an event affecting the LNG Tanker nominated for such cargo if such LNG Tanker was affected by, or should reasonably have been expected by Buyer or its customer utilizing such LNG Tanker (in each case acting as a Reasonable and Prudent Operator) to be affected by, such Force Majeure event at the time it was nominated by Buyer pursuant to Section 8.1.2 or Section 8.3, as applicable, for the relevant cargo.
LNG Tankers. 1.1 The Transporter shall ensure that each LNG Tanker complies with the requirements of this Paragraph 1 and Paragraph 2 of this Schedule 4 in all respects.
1.2 Each LNG Tanker shall:
1.2.1 comply with the regulations of, and obtain all Approvals required by, Governmental Authorities to enable such LNG Tanker to enter, leave and carry out all required operations at the Corpus Christi Facility (or Alternate Production Facility, as applicable);
1.2.2 at all times have on board valid documentation evidencing all such Approvals;
1.2.3 comply fully with the International Safety Management Code for the Safe Operation of Ships and Pollution Prevention effective July 1st, 1998 (as amended from time to time); and
1.2.4 at all times be in possession of valid documents of compliance and safety management certificates, and can demonstrate that the LNG Tanker has an effective management system in operation that addresses all identified risks, and provides proper controls for dealing with these risks.
1.3 The Transporter shall enter into a tug services agreement to provide such number and types of tugs, fireboats and escort vessels as are:
1.3.1 acceptable to Project Co;
1.3.2 required by Governmental Authorities to attend the LNG Tanker; and
1.3.3 necessary and appropriate to permit safe and efficient movement of the LNG Tanker within the maritime safety areas located in the approaches to and from the Corpus Christi Facility (or Alternate Production Facility, as applicable). Affiliates of Project Co have procured tug services at the Corpus Christi Facility. In respect of any cargo scheduled in the FOB ADP or FOB Ninety Day Schedule, as applicable, for delivery at the Corpus Christi Facility, Transporter shall enter into a tug services agreement with the relevant Affiliate of Project Co. Such agreement shall provide that the fees for tug services shall be applied on a non-discriminatory basis among all long-term customers. Project Co shall not be required to provide tugs, fireboats and escort vessels to attend any LNG Tanker and shall not be liable to the Transporter in connection with any failure by the Transporter to enter into such arrangements.
1.4 The Transporter shall in respect of each cargo be responsible for paying all Port Charges for use of the Loading Port, whether directly to the appropriate Person or as a reimbursement to Project Co to the extent Project Co has paid or is responsible for paying Port Charges in respect of such cargo. The Transporter shall p...
LNG Tankers. 7.5.1 Buyer shall cause each LNG Tanker to comply with the requirements of this Section 7.5 and the requirements of Section 7.6 in all respects.
7.5.2 Each LNG Tanker shall comply with all Applicable Laws and International LNG Vessel Standards, including those that relate to seaworthiness, design, safety, environmental protection and navigation, and shall obtain all Approvals required by Governmental Authorities, in each case to enable such LNG Tanker to enter, leave and carry out all required operations at the Driftwood LNG Terminal. Each LNG Tanker shall at all times have on board valid documentation evidencing all such Approvals. Each LNG Tanker shall at all times be in possession of valid documents of compliance and safety management certificates, and shall have an effective management system in operation and an emergency response plan that addresses all identified risks and provides proper controls for dealing with these risks.
7.5.3 Buyer shall be required to obtain towing, escort, line handling, and pilot services, in accordance with this Section 7.5.3. Seller shall cause an Affiliate to procure tug services at the Driftwood LNG Terminal from a competent and experienced tug services provider. As soon as reasonably practicable after the Affiliate has so contracted for tug services, Seller shall notify Buyer thereof. Prior to the arrival of any LNG Tanker at the Loading Port, Buyer shall cause Transporter or the master of each LNG Tanker (acting on behalf of the ship-owner and charterer) making use of the port or marine facilities at the Loading Port on behalf of Buyer, to enter into a tug services agreement with the designated Affiliate for Buyer’s procurement, at its sole risk and expense, of tug services at the Driftwood LNG Terminal, which tug services shall include towing and escort services. Such agreement shall provide that the fees for tug services shall be paid by the Transporter to the designated Affiliate. Seller shall use commercially reasonable efforts to cause the fee for tug services to be applied on a non-discriminatory basis among all LNG buyers at the Driftwood LNG Terminal. Fees and other significant terms of the tug services agreement shall be in line with those at similar liquefaction facilities located on the United States Gulf Coast. In the event the Transporter or the master of an LNG Tanker fails to execute a tug services agreement that complies with the requirements of this Section 7.5.3, Seller may refuse to make LNG availab...
LNG Tankers. Swapped Cargo Force Majeure relief in respect of the Transporter for an event described in Paragraph 9.1.2(F) affecting a specific LNG Tanker:
(A) shall only be available with respect to cargoes that are scheduled to be transported on such LNG Tanker in the applicable DES Ninety Day Schedule or DES ADP for such Contract Year, or (if the DES ADP for the following Contract Year has been issued by the Transporter) in the DES ADP for the following Contract Year; and
(B) shall not be available for an event affecting such LNG Tanker if such LNG Tanker was affected by, or could reasonably have been expected to be affected by, such Swapped Cargo Force Majeure event at the time it was nominated by the Transporter pursuant to any relevant provision of this Agreement or otherwise under the DES SPA.
LNG Tankers. 7.5.1 Buyer shall cause each LNG Tanker to comply with the requirements of this Section 7.5 and the requirements of Section 7.6 in all respects.
7.5.2 Each LNG Tanker shall comply with all Applicable Laws and International LNG Vessel Standards, including those that relate to seaworthiness, design, safety, environmental protection and navigation, and shall obtain all Approvals required by Governmental Authorities, in each case to enable such LNG Tanker to enter, leave and carry out all required operations at the Driftwood LNG Terminal. Each LNG Tanker shall at all times have on board valid documentation evidencing all such Approvals. Each LNG Tanker shall at all times be in possession of valid documents of compliance and safety management certificates, and shall have an effective management system in operation and an emergency response plan that addresses all identified risks and provides proper controls for dealing with these risks.
7.5.3 Buyer shall be required to obtain towing, escort, line handling, and pilot services, in accordance with this Section 7.5.
LNG Tankers. Swapped Cargo Force Majeure relief in respect of the Transporter for an event described in Paragraph 9.1.2(F) affecting a specific LNG Tanker:
(A) shall only be available with respect to cargoes: (i) that are scheduled to be transported on such LNG Tanker in the applicable DES Ninety Day Schedule or DES ADP for such Contract Year, or (to the extent that the DES ADP for the following Contract Year has been issued by Transporter) in the DES ADP for the following Contract Year; and (ii) in respect of any Identified LNG Tanker, that would be scheduled for delivery in a future Contract Year(s) for which the DES ADP has not yet been issued by Transporter, provided that such Swapped Cargo Force Majeure relief shall, in respect of any individual Identified LNG Tanker, meet the requirements pursuant to Section 14.2.3(a)(ii) of the DES SPA for the relevant Contract Year; and
(B) shall not be available for an event affecting such LNG Tanker if such LNG Tanker was affected by, or could reasonably have been expected to be affected by, such Swapped Cargo Force Majeure event at the time it was nominated by the Transporter pursuant to Paragraph 1.2.3 and Paragraph 3 of Schedule 5 or otherwise under the DES SPA.
LNG Tankers. Owner will provide LNG Tanker capacity in accordance with Section 11.2, provided, however, notwithstanding anything to the contrary in this Agreement, Owner is not obligated to provide any LNG Tanker capacity for Train 1 or Train 2 prior to the dates set forth in Attachment V.
LNG Tankers. Seller shall ensure that, for each LNG Cargo identified in the Confirmation Memorandum, the LNG Tanker shall at all times be:
LNG Tankers. 7.4.1. Seller shall provide, or cause to be provided, three (3) LNG Tankers, provided that Seller may elect, in its sole discretion at any time during the Term, to provide, or cause to be provided, additional LNG Tankers at Seller’s sole cost and expense. The Parties acknowledge that pricing and all obligations under this Agreement are based upon Seller providing, or causing to be provided, three (3) LNG Tankers. Each LNG Tanker shall satisfy the following requirements:
(a) Each LNG Tanker shall have a cargo capacity of not less than fifty thousand (50,000) Cubic Meters and not more than sixty-five thousand (65,000) Cubic Meters. Buyer further acknowledges that Seller’s current intent is to set an LNG Tanker cargo capacity at the lower end of the foregoing range.
(b) Each LNG Tanker shall be compatible with the Tilbury Facility (including the Jetty) and the Container Barges.
(c) Each LNG Tanker shall be fitted, tight, staunch, strong and otherwise seaworthy with cargo handling and storage systems (including instrumentation) necessary for the loading, unloading, handling, carrying and measuring of LNG in good order and condition.
(d) Each LNG Tanker shall be safely manned, operated, and maintained in good working order and condition by a Reasonable and Prudent Operator in accordance with International LNG Vessel Standards and relevant port operations manuals.
(e) Each LNG Tanker shall comply with MARPOL VI, Annex 14, and the MEPC resolution 202(62) covering the U.S. ECA requirements for use of zero point one percent (0.1%) sulfur fuel content prior to the January 2020 requirement.
(f) Each LNG Tanker shall comply with the International Safety Management Code for the Safe Operation of Ships and Pollution Prevention effective July 1, 2010 (the “ISM Code”), and at all times be in possession of a valid safety management certificate issued in accordance with the ISM Code.
(g) Each LNG Tanker shall comply with all relevant USCG (including 46 CFR Subchapter O), Transport Canada, IGC Code, ILOMLC, and other applicable statutory regulations, guidelines and recommendations. The LNG Tankers, Transporter and Third Party Service Provider with which Transporter contracts shall comply with Applicable Law and applicable Approvals, including all USCG requirements for STS Operations at Anchorage.
(h) Unless otherwise agreed by Buyer, each LNG Tanker shall have a valid and current (not older than twelve (12) months) Vessel Inspection Report (VIR) and an accurate updated Harmo...
LNG Tankers. 3.1 Buyer shall ensure that, for each LNG Cargo identified in the Confirmation Memorandum, the LNG Tanker shall at all times be:
3.1.1 within the maximum and minimum gross volumetric capacities as specified in the Confirmation Memorandum;
3.1.2 equipped with appropriate systems for communication with the Loading Port and Seller’s Facilities, including all ship/shore communication systems normally required for the loading of LNG; and shall be in every respect fit to load, transport, unload and measure LNG and have all certificates, documents and equipment required to enable the LNG tankers to perform their voyage service without delay.
3.1.3 entered for liability and hull and machinery insurance with a P&I Club, including the pollution liability standard for LNG tankers; and have a current Certificate of Financial Responsibility and USCG approved Vessel Response Plan (VRP) for Oil Pollution under OPA-90 in the event the LNG tanker uses a port of call in U.S.A.;
3.1.4 equipped with adequate facilities for mooring, unmooring, and handling LNG;
3.1.5 constructed and maintained pursuant to the rules and regulations of, and maintained in class with, a member of the International Association of Classification Societies that has prior experience in classifying LNG tankers, and in compliance with applicable Laws;
3.1.6 operated in compliance with International Standards and applicable Laws of the country of vessel registry, including those that relate to seaworthiness, design, safety, environmental protection, navigation, and other operational matters, and all permits and approvals from Governmental Authorities for LNG tankers that are required for the loading of LNG at the Loading Port, transportation, and discharge of such LNG at the Unloading Port; and in all cases able to comply with all national and international marine emissions and ballast water management regulations applicable to loading Port and respective sea passage and approaches to the loading Port;
3.1.7 manned with skilled and competent operators, officers, and crew, who (a) are suitably qualified, trained, and experienced in international LNG tanker operations and qualified to a minimum of International Maritime Organization’s Standards of Training, Certification and Watchkeeping for Seafarers (“STCW”); (b) are able to communicate with regulatory authorities and operators at the Seller’s Facilities in written and spoken English; and (c) have subscribed to a policy, reasonably acceptable to Seller, ...