Common use of Nominations of Peak Capacity Clause in Contracts

Nominations of Peak Capacity. 4.1. Nomination of Peak Capacity shall be done in accordance with this Clause 4. 4.2. User shall be entitled to request Operator to regasify and deliver to User at the Gas Delivery Point a quantity of Regasified LNG by using the Peak Capacity (by operation of the redundant train) while the FSRU is operating in either Open Loop Configuration or Combined Loop Configuration in the circumstances and subject to the terms set out in this Clause 4 (“Excess Nominated Quantity”). 4.3. If User wishes to nominate Excess Nominated Quantity on any Gas Day during an Unloading and Regasification Slot, User shall notify Operator of such request not later than 13:00 on the Gas Day prior to the applicable Gas Day. 4.4. If, following receipt of User’s notice under Clause 4.3, Operator considers (acting reasonably) that: (a) the FSRU will have sufficient capacity to regasify and deliver the Excess Nominated Quantity on the applicable Gas Day; (b) the regasification and delivery of the Excess Nominated Quantity would not interfere with or hinder the FSRU's safe and efficient operation or maintenance; and (c) there is no planned maintenance work on any regasification trains or other maintenance which would directly affect the operation of any regasification trains on that Gas Day, then the Operator shall notify User accordingly, as early as reasonably practicable but in any event within three (3) hours of User’s notification. 4.5. Subject to prior receipt of Operator’s confirmation under Clause 4.4, User may nominate for that following Gas Day the send-out of the Excess Nominated Quantity in addition to the Daily Nomination, but always subject to an aggregate maximum of the Peak Capacity, in accordance with this Schedule 4 (Gas Nomination Procedures). 4.6. In respect of any Excess Nominated Quantity, on the relevant Gas Day: (a) Operator shall use reasonable endeavours to regasify and deliver the Excess Nominated Quantity at the Gas Delivery Point in accordance with User's nomination; and (b) Operator may cease or reduce the regasification and delivery of the Excess Nominated Quantity at any time where, in Operator's opinion, such activity: (i) jeopardises the FSRU's ability to regasify and deliver the Daily Nomination for that Gas Day to the Gas Delivery Point; (ii) would result in the FSRU exceeding any limitations provided by any governmental approvals (if applicable); or (iii) otherwise interferes with or hinders the FSRU's safe and efficient operation or maintenance, including where due to technical limitations related to seawater temperature, or where there is an interruption to the Peak Capacity. (c) Provided that Operator has complied with its obligations under Clause 4.6(a) (and subject to Clause 4.6(b)), Operator shall not have any liability under this Agreement for any failure to send out Excess Nominated Quantity. (d) For the avoidance of doubt, on any Gas Day, the total volume of Regasified LNG delivered at the Gas Delivery Point shall first meet the Daily Nomination (or part thereof), then the Excess Nominated Quantity. If there is any anticipated or actual interruption or reduction in the regasification and delivery of Regasified LNG on a Gas Day then the Excess Nominated Quantity shall be reduced first, then the Daily Nomination. 4.7. Without prejudice to the foregoing provisions of this Clause 4, the User’s right to nominate the send-out of Excess Nominated Quantity under this Clause 4 shall additionally be subject to any additional maintenance allowance which may be used by the Operator. 4.8. Any additional marine fuel, Boil Off, Internal Use and Bunker consumption which occurs due to use, or potential use, of the Peak Capacity to regasify any Excess Nominated Quantity, including for cooling down or keeping cold the redundant train when requested by User, and whether Peak Capacity is used or not, shall be for User's account.

Nominations of Peak Capacity. 4.1. Nomination of Peak Capacity shall be done in accordance with this Clause 4. 4.2. User shall be entitled to request Operator to regasify and deliver to User at the Gas Delivery Point a quantity of Regasified LNG by using the Peak Capacity (by operation of the redundant train) while the FSRU is operating in either Open Loop Configuration or Combined Loop Configuration in the circumstances and subject to the terms set out in this Clause 4 (“Excess Nominated Quantity”). 4.3. If User wishes to nominate Excess Nominated Quantity on any Gas Day during an Unloading and Regasification Slot, User shall notify Operator of such request not later than 13:00 on the Gas Day prior to the applicable Gas Day. 4.4. If, following receipt of User’s notice under Clause 4.3, Operator considers (acting reasonably) that: (a) the FSRU will have sufficient capacity to regasify and deliver the Excess Nominated Quantity on the applicable Gas Day; (b) the regasification and delivery of the Excess Nominated Quantity would not interfere with or hinder the FSRU's safe and efficient operation or maintenance; and (c) there is no planned maintenance work on any regasification trains or other maintenance which would directly affect the operation of any regasification trains on that Gas Day, then the Operator shall notify User accordingly, as early as reasonably practicable but in any event within three (3) hours of User’s notification. 4.5. Subject to prior receipt of Operator’s confirmation under Clause 4.4, User may nominate for that following Gas Day the send-out of the Excess Nominated Quantity in addition to the Daily Nomination, but always subject to an aggregate maximum of the Peak Capacity, in accordance with this Schedule 4 (Gas Nomination Procedures). 4.6. In respect of any Excess Nominated Quantity, on the relevant Gas Day: (a) Operator shall use reasonable endeavours to regasify and deliver the Excess Nominated Quantity at the Gas Delivery Point in accordance with User's nomination; and (b) Operator may cease or reduce the regasification and delivery of the Excess Nominated Quantity at any time where, in Operator's opinion, such activity: (i) jeopardises the FSRU's ability to regasify and deliver the Daily Nomination for that Gas Day to the Gas Delivery Point; (ii) would result in the FSRU exceeding any limitations provided by any governmental approvals (if applicable); or (iii) otherwise interferes with or hinders the FSRU's safe and efficient operation or maintenance, including where due to technical limitations related to seawater temperature, or where there is an interruption to the Peak Capacity. (c) Provided that Operator has complied with its obligations under Clause 4.6(a) (and subject to Clause 4.6(b)), Operator shall not have any liability under this Agreement for any failure to send out Excess Nominated Quantity. (d) For the avoidance of doubt, on any Gas Day, the total volume of Regasified LNG delivered at the Gas Delivery Point shall first meet the Daily Nomination (or part thereof), then the Excess Nominated Quantity. If there is any anticipated or actual interruption or reduction in the regasification and delivery of Regasified LNG on a Gas Day then the Excess Nominated Quantity shall be reduced first, then the Daily Nomination. 4.7. Without prejudice to the foregoing provisions of this Clause 4, the User’s right to nominate the send-out of Excess Nominated Quantity under this Clause 4 shall additionally be subject to any additional maintenance allowance which may be used by the Operator. 4.8. Any additional marine fuel, Boil Off, Internal Use and Bunker consumption which occurs due to use, or potential use, of the Peak Capacity to regasify any Excess Nominated Quantity, including for cooling down or keeping cold the redundant train when requested by User, and whether Peak Capacity is used or not, shall be for User's account.

Nominations of Peak Capacity. 4.1. Nomination of Peak Capacity shall be done in accordance with this Clause 4. 4.2. User shall be entitled to request Operator to regasify and deliver to User at the Gas Delivery Point a quantity of Regasified LNG by using the Peak Capacity (by operation of the redundant train) while the FSRU is operating in either Open Loop Configuration or Combined Loop Configuration in the circumstances and subject to the terms set out in this Clause 4 (“Excess Nominated Quantity”). 4.3. If User wishes to nominate Excess Nominated Quantity on any Gas Day during an Unloading and Regasification Slot, User shall notify Operator of such request not later than 13:00 on the Gas Day prior to the applicable Gas Day. 4.4. If, following receipt of User’s notice under Clause 4.3, Operator considers (acting reasonably) that: (a) the FSRU will have sufficient capacity to regasify and deliver the Excess Nominated Quantity on the applicable Gas Day; (b) the regasification and delivery of the Excess Nominated Quantity would not interfere with or hinder the FSRU's safe and efficient operation or maintenance; and (c) there is no planned maintenance work on any regasification trains or other maintenance which would directly affect the operation of any regasification trains on that Gas Day, then the Operator shall notify User accordingly, as early as reasonably practicable but in any event within three (3) hours of User’s notification. 4.5. Subject to prior receipt of Operator’s confirmation under Clause 4.4, User may nominate for that following Gas Day the send-out of the Excess Nominated Quantity in addition to the Daily Nomination, but always subject to an aggregate maximum of the Peak Capacity, in accordance with this Schedule 4 (Gas Nomination Procedures). 4.6. In respect of any Excess Nominated Quantity, on the relevant Gas Day: (a) Operator shall use reasonable endeavours to regasify and deliver the Excess Nominated Quantity at the Gas Delivery Point in accordance with User's nomination; and (b) Operator may cease or reduce the regasification and delivery of the Excess Nominated Quantity at any time where, in Operator's opinion, such activity: (i) jeopardises the FSRU's ability to regasify and deliver the Daily Nomination for that Gas Day to the Gas Delivery Point; (ii) would result in the FSRU exceeding any limitations provided by any governmental approvals (if applicable); or (iii) otherwise interferes with or hinders the FSRU's safe and efficient operation or maintenance, including where due to technical limitations related to seawater sea/river water temperature, or where there is an interruption to the Peak Capacity. (c) Provided that Operator has complied with its obligations under Clause 4.6(a) (and subject to Clause 4.6(b)), Operator shall not have any liability under this Agreement for any failure to send out Excess Nominated Quantity. (d) For the avoidance of doubt, on any Gas Day, the total volume of Regasified LNG delivered at the Gas Delivery Point shall first meet the Daily Nomination (or part thereof), then the Excess Nominated Quantity. If there is any anticipated or actual interruption or reduction in the regasification and delivery of Regasified LNG on a Gas Day then the Excess Nominated Quantity shall be reduced first, then the Daily Nomination. 4.7. Without prejudice to Notwithstanding the foregoing provisions of this Clause 4, the User’s right to nominate the send-send- out of Excess Nominated Quantity under this Clause 4 shall additionally be subject to any the accumulation of additional maintenance allowance which may be used by the Operator. 4.8. Any additional marine fuel, Boil Off, Internal Use and Bunker consumption which occurs due to use, or potential use, of the Peak Capacity to regasify any Excess Nominated Quantity, including for cooling down or keeping cold the redundant train when requested by User, and whether Peak Capacity is used or not, shall be for User's account. To: Deutsche Energy Terminal GmbH Xxxxxx Xxxxxxx 0, 00000 Xxxxxxxxxx, Xxxxxxx Attention: Xxxxxx Xxxxxxxx Dear Sir/Madam, 1. By order of and for account of [insert name of applicant] (“Applicant”), we (the “Issuing Bank”) herewith issue our irrevocable, unconditional Standby Letter of Credit No. [●] (this “Letter of Credit”) in favour of Deutsche Energy Terminal GmbH (“Beneficiary”) for an amount of [●] Euros (€[●]) (“Maximum Amount”), and for the period commencing on the date of this Letter of Credit and expiring on [31 December 2024] in Germany (“Expiry Date”). 2. This Letter of Credit is issued in connection with the Terminal Use Agreement for Floating LNG Import Terminal in the Port of Brunsbüttel entered into between Applicant as User and Beneficiary as Operator dated [insert date] (as amended, modified and supplemented from time to time) (“TUA”). 3. We hereby irrevocably authorise you to draw on us from time to time, in accordance with the terms and conditions herein set forth, an amount not to exceed the Maximum Amount less the aggregate amount of all prior payments actually made by us in respect of prior Xxxxxx(s) made hereunder (the “Maximum Available Amount”). Multiple and partial drawings are allowed under this Letter of Credit. 4. Drawings hereunder shall be made by you by providing to us a notice by courier on your letterhead, signed by your authorised officer to , Attention: , Address , or by authenticated SWIFT to , Attention: , SWIFT , in each case in the form of Annex 1 hereto (the “Demand”), with the blanks appropriately completed.

Nominations of Peak Capacity. 4.1. Nomination of Peak Capacity shall be done in accordance with this Clause 4. 4.2. User shall be entitled to request Operator to regasify and deliver to User at the Gas Delivery Point a quantity of Regasified LNG by using the Peak Capacity (by operation of the redundant train) while the FSRU is operating in either Open Loop Configuration or Combined Loop Configuration in the circumstances and subject to the terms set out in this Clause 4 (“Excess Nominated Quantity”). 4.3. If User wishes to nominate Excess Nominated Quantity on any Gas Day during an Unloading and Regasification Slot, User shall notify Operator of such request not later than 13:00 on the Gas Day prior to the applicable Gas Day. 4.4. If, following receipt of User’s notice under Clause 4.3, Operator considers (acting reasonably) that: (a) the FSRU will have sufficient capacity to regasify and deliver the Excess Nominated Quantity on the applicable Gas Day; (b) the regasification and delivery of the Excess Nominated Quantity would not interfere with or hinder the FSRU's safe and efficient operation or maintenance; and (c) there is no planned maintenance work on any regasification trains or other maintenance which would directly affect the operation of any regasification trains on that Gas Day, then the Operator shall notify User accordingly, as early as reasonably practicable but in any event within three (3) hours of User’s notification. 4.5. Subject to prior receipt of Operator’s confirmation under Clause 4.4, User may nominate for that following Gas Day the send-out of the Excess Nominated Quantity in addition to the Daily Nomination, but always subject to an aggregate maximum of the Peak Capacity, in accordance with this Schedule 4 (Gas Nomination Procedures). 4.6. In respect of any Excess Nominated Quantity, on the relevant Gas Day: (a) Operator shall use reasonable endeavours to regasify and deliver the Excess Nominated Quantity at the Gas Delivery Point in accordance with User's nomination; and (b) Operator may cease or reduce the regasification and delivery of the Excess Nominated Quantity at any time where, in Operator's opinion, such activity: (i) jeopardises the FSRU's ability to regasify and deliver the Daily Nomination for that Gas Day to the Gas Delivery Point; (ii) would result in the FSRU exceeding any limitations provided by any governmental approvals (if applicable); or (iii) otherwise interferes with or hinders the FSRU's safe and efficient operation or maintenance, including where due to technical limitations related to seawater temperature, or where there is an interruption to the Peak Capacity. (c) Provided that Operator has complied with its obligations under Clause 4.6(a) (and subject to Clause 4.6(b)), Operator shall not have any liability under this Agreement for any failure to send out Excess Nominated Quantity. (d) For the avoidance of doubt, on any Gas Day, the total volume of Regasified LNG delivered at the Gas Delivery Point shall first meet the Daily Nomination (or part thereof), then the Excess Nominated Quantity. If there is any anticipated or actual interruption or reduction in the regasification and delivery of Regasified LNG on a Gas Day then the Excess Nominated Quantity shall be reduced first, then the Daily Nomination. 4.7. Without prejudice to Notwithstanding the foregoing provisions of this Clause 4, the User’s right to nominate the send-send- out of Excess Nominated Quantity under this Clause 4 shall additionally be subject to any the accumulation of additional maintenance allowance which may be used by the Operator. 4.8. Any additional marine fuel, Boil Off, Internal Use and Bunker consumption which occurs due to use, or potential use, of the Peak Capacity to regasify any Excess Nominated Quantity, including for cooling down or keeping cold the redundant train when requested by User, and whether Peak Capacity is used or not, shall be for User's account.