Common use of LNG Vessel Inspections; Right to Reject LNG Vessel Clause in Contracts

LNG Vessel Inspections; Right to Reject LNG Vessel. (a) Inspections. During the Term, on prior reasonable notice to Customer, SABINE acting as a Reasonable and Prudent Operator may, at its sole risk, send its representatives (including an independent internationally recognized maritime consultant) to inspect during normal working hours any LNG Vessel as SABINE may consider necessary to ascertain whether the LNG Vessel complies with the provisions of this Agreement. SABINE 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 Vessel’s operational schedule, examination of the LNG Vessel’s hull, cargo and ballast tanks, machinery, boilers, auxiliaries and equipment; examination of the LNG Vessel’s deck and engine scrap/rough and fair copy/official log books; review of records of surveys by the LNG Vessel’s classification society and relevant Governmental Authorities; and review of the LNG Vessel’s operating procedures and performance of surveys, both in port and at sea. Any inspection carried out pursuant to this Section 8.3(a): (i) shall not interfere with, or hinder, any LNG Vessel’s safe and efficient construction or operation; and (ii) shall not entitle SABINE or any of its representatives to make any request or recommendation directly to Transporter except through Customer. No inspection (or lack thereof) of an LNG Vessel hereunder shall: (x) modify or amend Customer’s obligations, representations, warranties and covenants under this Agreement or under any agreement or instrument contemplated by this Agreement; or (y) constitute an acceptance or waiver by SABINE of Customer’s obligations under this Agreement.

Appears in 3 contracts

Samples: LNG Terminal Use Agreement (Sabine Pass LNG, L.P.), Shareholders Agreement (Cheniere Energy Inc), LNG Terminal Use Agreement (Cheniere Energy Inc)

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LNG Vessel Inspections; Right to Reject LNG Vessel. (a) Inspections. During the Term, on prior reasonable notice to Customer, SABINE acting as a Reasonable and Prudent Operator FLNG may, at its sole risk, send its representatives (including an independent internationally recognized maritime consultant) to inspect during normal working hours any LNG Vessel as SABINE FLNG may consider necessary to ascertain whether the LNG Vessel complies with the provisions of this Agreement. SABINE FLNG 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 Vessel’s 's operational schedule, examination of the LNG Vessel’s 's hull, cargo and ballast tanks, machinery, boilers, auxiliaries and equipment; examination of the LNG Vessel’s 's deck and engine scrap/rough and fair copy/official log books; review of records of surveys by the LNG Vessel’s 's classification society and relevant Governmental Authorities; and review of the LNG Vessel’s 's operating procedures and performance of surveys, both in port and at sea. Any inspection carried out pursuant to this Section 8.3(a9.3(a): (i) shall not interfere with, or hinder, any LNG Vessel’s 's safe and efficient construction or operation; and (ii) shall not entitle SABINE FLNG or any of its representatives to make any request or recommendation directly to Transporter except through Customer. No inspection (or lack thereof) of an LNG Vessel hereunder shall: shall (xi) modify or amend Customer’s 's obligations, representations, warranties and covenants under this Agreement or under any agreement or instrument contemplated by this Agreement; or (yii) constitute an acceptance or waiver by SABINE FLNG of Customer’s 's obligations under this Agreement.

Appears in 1 contract

Samples: Omnibus Agreement (Cheniere Energy Inc)

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