Loading Port. 7.1.1 Provided that the LNG Cargo complies with the Specifications, Seller may, with the written consent of Buyer (such consent not to be unreasonably withheld, conditioned or delayed), change the Loading Port. Where Seller has notified Buyer of its change of Loading Port, if Seller was aware of or was in possession of information of the act, event or circumstance or combination thereof that would otherwise lead to a Seller Force Majeure or Buyer Force Majeure (as applicable) in relation to that Loading Port, then Seller’s notification of its change of Loading Port may be rejected by Buyer notwithstanding any previous acceptance. However, any such rejection by Xxxxx must be given promptly upon Xxxxx becoming aware of such information. If Xxxxx does exercise that right to reject the change of Loading Port, the applicable Loading Port shall be the Loading Port immediately previously notified by Seller to Buyer or as specified in the Confirmation Notice (whichever is the more recent).
Loading Port. (a) Weighing at the loading terminal for the shipment shall be done by an internationally renowned independent ISO certified third party appointed by the Seller, at the Seller’s expense, by draft survey in accordance with international standards and practice, and weight certificates shall be issued and promptly delivered to the Seller and the Buyer (and in any event, within [Redacted – Item 27] Business Days of the completion of such draft survey) stating the wet weight of such shipment in WMT.
(b) The weights so determined shall be the basis for the provisional invoices and payments. The Buyer shall be entitled to nominate in advance at its expense a representative of the Buyer, to be approved by the Seller in advance acting reasonably, to observe such weighing.
Loading Port. (a) The Seller shall engage an internationally renowned independent ISO certified third party to take, or cause to be taken, at the Seller’s expense, a representative sample of the Material being loaded during loading and perform chemical and granulometric analysis, as well as free moisture loss determination at [Redacted – Item 29] in accordance with the procedure set forth in ISO 3087 of the International Organization for Standardization for the determination of the moisture content of a shipment. Legal*7363548.3
(b) The Seller shall engage an internationally renowned independent ISO certified third party to analyze, or cause to be analyzed, at the Seller’s expense, the Fe content and other chemical composition of the sample as against the Final Specifications determined pursuant to Article 4, on a dry basis. The Buyer shall be entitled, at its expense, to nominate in advance a representative of the Buyer, to be approved in advance by the Seller acting reasonably, to observe such sampling, granulometric analysis and moisture determination.
(c) The Seller shall promptly provide and deliver to the Buyer (and in any event, within [Redacted – Item 30] Business Days of the completion of such analysis and determination) a certificate showing the results of such analysis and moisture determination. The analysis at the loading port shall be the basis for the provisional invoices and payments.
Loading Port. Shipper’s Cargo will be loaded at the Loading Port. Shipper shall provide for voyages with Shipper’s Cargoes, at its expense, safe loading berths where the Vessels can safely proceed to, lie at, and depart from, fully loaded, and remain safely afloat at any stage of the tide. For the purposes intended by this Contract, Shipper shall maintain, or cause to be maintained, adequate water depth to accommodate vessels to a maximum draft of 34 feet at any stage of the tide. In the event Shipper is able to provide adequate water depth to accommodate vessels to a draft greater than 34 feet at any stage of the tide as designated by the Tampa Bay Pilots, Carrier shall discount the freight rate shown in Section 7(a) by $0.25 per ton for Vessels loaded by Shipper to greater than 34 feet. In the event Shipper is unable to provide adequate water depth to accommodate vessels to their maximum draft at any stage of the tide, not exceeding a draft of 34 feet, then Shipper shall pay the freight rate shown in Section 7(a) as if the Vessel had loaded to maximum draft, not exceeding 34 feet. Shipper shall have up to six months to remedy the inadequate water depth situation prior to Carrier assessing freight based upon the maximum draft as stipulated in the preceding sentence. Any payments that are made by Shipper with respect to the failure to remedy the inadequate water depth shall count towards the Guaranteed Annual Minimum.
Loading Port. The Seller will ensure that the nominated berth is free and accessible and always afloat at all times by the vessel for delivery of Product. The Seller shall make all arrangements to immediately deliver the Product to the vessel on her arrival alongside the nominated safe berth.
Loading Port. It is understood by the Parties that the ports where each of the cargoes of Crude Oil and/or Products herein sold shall be loaded, shall be those that are part of the system of terminals of Petróleos de Venezuela, S.A. and its affiliates (including Refinería Isla, Curazao, Netherlands Antilles) or any other port designated by SELLER and accepted by BUYER.
Loading Port. The Loading Port shall be: [ ]. [The Parties agree that Buyer shall be entitled to burn Natural Gas whilst at berth at the Seller’s Facilities.]
Loading Port. 2.1 Seller, at no cost to Buyer, shall ensure that Seller’s Facilities shall be in all respects compatible with the LNG Tanker specifications specified in the Confirmation Memorandum for each LNG Cargo identified therein. Seller and Buyer shall cooperate to ensure the compatibility of Seller’s Facilities and each LNG Tanker. Seller’s Facilities shall be of appropriate design and sufficient capacity to enable Seller to perform its obligations to deliver the quantities of LNG that Seller is obligated to make available pursuant to an Agreement, including the following:
2.1.1 berthing facilities that comply with International Standards; at which such LNG Tanker can safely reach and safely depart, fully laden; and at which such LNG Tanker can lie safely berthed and load safely afloat at all times;
2.1.2 loading facilities equipped with standard marine loading arms that shall permit the loading of an LNG cargo onboard an LNG Tanker at a rate of no less than 11,000 cubic meters per hour; or other suitable loading rate mutually agreed by the Seller and Buyer where the loading facility is located offshore or onshore and equipped with cryogenic hoses for the transfer of LNG cargoes;
2.1.3 a closed vapor return line system of sufficient capacity to transfer from an LNG Tanker quantities of regasified LNG necessary for the safe maximum loading rate of LNG at pressures, and temperatures required by either or both of such LNG Tanker’s and loading facility’s good operating practice and design;
2.1.4 a suitable gangway (or in the case of a floating export facility a barge or launch boat service) for safe personnel access;
2.1.5 LNG storage tanks (whether onshore, offshore, or floating) of adequate capacity to permit the loading of the LNG Cargo upon arrival of the LNG Tanker;
2.1.6 appropriate systems for email, facsimile, telephone, and radio communications with each LNG Tanker; and
2.1.7 emergency shut-down systems (including suitable ship to shore communication link).
2.2 Seller’s Facilities shall not be modified in any manner that would render them incompatible with an LNG Tanker that has been accepted by Seller for loading at Seller’s Facilities pursuant to a Confirmation Memorandum, subject to the following:
2.2.1 Seller’s Facilities may be modified pursuant to a change in International Standards or a change in Law with which Seller’s Facilities are required to comply, in which case, Seller shall pay for such modifications;
2.2.2 Buyer shall pay for any modification...
Loading Port. The Loading Port shall be: [].
Loading Port the port where the Driftwood LNG Terminal is located, or the port at an alternate supply source pursuant to Section 3.1.2;
