Common use of NOTICE AND RESUMPTION OF NORMAL PERFORMANCE Clause in Contracts

NOTICE AND RESUMPTION OF NORMAL PERFORMANCE. Promptly upon the occurrence of an event that a Party considers may subsequently lead it to claim Force Majeure relief under this LTA on account thereof, the Party affected shall give notice to such effect to the other Party, describing such event and the obligations performance of which could reasonably be expected to be delayed or prevented thereby. In the event any Party claims Force Majeure relief under this LTA, it shall promptly notify the other Party thereof and shall state in such notice: a) the particulars of the event giving rise to the Force Majeure claim, in as much detail as is then reasonably available including but not limited to the place and time such event occurred; b) to the extent known or ascertainable, the obligations which have been actually delayed or prevented in performance and the estimated period during which such performance may be suspended or reduced, including the estimated extent of such reduction in performance; c) the particulars of the program to be implemented to ensure full resumption of normal performance hereunder; and d) the LNG Services which such Party reasonably expects to be able to use in relation to Shipper or make available for use in relation to Terminal Operator, as the case may be, during the period for which Force Majeure relief can reasonably expected to be claimed. Such notices shall thereafter be supplemented and updated monthly during the period of such recognized claimed Force Majeure specifying the actions being taken to remedy the circumstances causing such Force Majeure and the date on which such Force Majeure and its effects end. Terminal Operator shall notify Shipper when the performance of the LNG Services can be partially or wholly resumed .

Appears in 3 contracts

Samples: LNG Terminalling Agreement, LNG Terminalling Agreement, LNG Terminalling Agreement

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NOTICE AND RESUMPTION OF NORMAL PERFORMANCE. 12.2.1 Promptly upon the occurrence of an event that a Party considers may subsequently lead it to claim Force Majeure relief under this LTA on account thereof, the Party affected shall give notice to such effect to the other Party, describing such event and the obligations performance of which could reasonably be expected to be delayed or prevented thereby. In the event any Party claims Force Majeure relief under this LTA, it shall promptly notify the other Party thereof and shall state in such notice: (a) the particulars of the event giving rise to the Force Majeure claim, in as much detail as is then reasonably available including but not limited to the place and time such event occurred; (b) to the extent known or ascertainable, the obligations which have been actually delayed or prevented in performance and the estimated period during which such performance may be suspended or reduced, including the estimated extent of such reduction in performance; (c) the particulars of the program to be implemented to ensure full resumption of normal performance hereunder; and (d) the LNG Services number of Additional Berthing Right(s) o r Small Scale Berthing Right(s) (or Berthing Right(s) as the case may be) which such Party reasonably expects to be able to use in relation to Shipper or make available for use in relation to Terminal Operator, as the case may be, during the period for which Force Majeure relief can reasonably expected to be claimed. Such notices shall thereafter be supplemented and updated monthly during the period of such recognized claimed Force Majeure specifying the actions being taken to remedy the circumstances causing such Force Majeure and the date on which such Force Majeure and its effects end. Upon the end of the Force Majeure, and at the end of each Contract Year during such Force Majeure, Terminal Operator shall notify Shipper when the performance of the LNG Services can be partially number of Additional Berthing Right(s) or wholly resumed Small Scale Berthing Right(s) (or Berthing Right(s) as the case may be).

Appears in 1 contract

Samples: LNG Terminalling Agreement

NOTICE AND RESUMPTION OF NORMAL PERFORMANCE. ‌ 12.2.1 Promptly upon the occurrence of an event that a Party considers may subsequently lead it to claim Force Majeure relief under this LTA on account thereof, the Party affected shall give notice to such effect to the other Party, describing such event and the obligations performance of which could reasonably be expected to be delayed or prevented thereby. In the event any Party claims Force Majeure relief under this LTA, it shall promptly notify the other Party thereof and shall state in such notice: (a) the particulars of the event giving rise to the Force Majeure claim, in as much detail as is then reasonably available including but not limited to the place and time such event occurred; (b) to the extent known or ascertainable, the obligations which have been actually delayed or prevented in performance and the estimated period during which such performance may be suspended or reduced, including the estimated extent of such reduction in performance; (c) the particulars of the program to be implemented to ensure full resumption of normal performance hereunder; and (d) the LNG Services number of Additional Berthing Right(s) or Small Scale Berthing Right(s) (or Berthing Right(s) as the case may be) which such Party reasonably expects to be able to use in relation to Shipper or make available for use in relation to Terminal Operator, as the case may be, during the period for which Force Majeure relief can reasonably expected to be claimed. Such notices shall thereafter be supplemented and updated monthly during the period of such recognized claimed Force Majeure specifying the actions being taken to remedy the circumstances causing such Force Majeure and the date on which such Force Majeure and its effects end. Upon the end of the Force Majeure, and at the end of each Contract Year during such Force Majeure, Terminal Operator shall notify Shipper when the performance of the LNG Services can be partially number of Additional Berthing Right(s) or wholly resumed Small Scale Berthing Right(s) (or Berthing Right(s) as the case may be).

Appears in 1 contract

Samples: LNG Terminalling Agreement

NOTICE AND RESUMPTION OF NORMAL PERFORMANCE.  Promptly upon the occurrence of an event that a Party considers may subsequently lead it to claim Force Majeure relief under this LTA LSA on account thereof, the Party affected shall give notice to such effect to the other Party, describing such event and the obligations performance of which could reasonably be expected to be delayed or prevented thereby. In the event any Party claims Force Majeure relief under this LTALSA, it shall promptly notify the other Party thereof and shall state in such notice: a) : the particulars of the event giving rise to the Force Majeure claim, in as much detail as is then reasonably available including but not limited to the place and time such event occurred; b) ; to the extent known or ascertainable, the obligations which have been actually delayed or prevented in performance and the estimated period during which such performance may be suspended or reduced, including the estimated extent of such reduction in performance; c) ; the particulars of the program to be implemented to ensure full resumption of normal performance hereunder; and d) and the LNG Services which such Party reasonably expects to be able to use in relation to Shipper or make available for use in relation to Terminal Operator, as the case may be, during the period for which Force Majeure relief can reasonably expected to be claimed. Such notices shall thereafter be supplemented and updated monthly during the period of such recognized claimed Force Majeure specifying the actions being taken to remedy the circumstances causing such Force Majeure and the date on which such Force Majeure and its effects end. Upon the end of the Force Majeure the Terminal Operator shall notify establish with the Shipper when the performance RBS or the amended RBS for such Month or its subsequent Months, as the case may be. If the period during which such LNG Service may be suspended or reduced as a result of a single or series of Force Majeure Event is estimated to be equal to or less than twenty- four (24) Months, Shipper may within thirty (30) Days of receipt of the notice herein give notice to Terminal Operator that it disputes the estimated period during which such LNG Services can Service may be partially suspended or wholly resumed .reduced. If the Parties fail to recognize the estimated period of the Force Majeure Event within thirty (30) Days after the receipt of the Shipper’s notice to the Terminal Operator, the matter may be resolved pursuant to Clause 6.2 or 6.3 of LSA. If the Force Majeure Event is recognized to have an estimated duration of more than twenty-four (24) Months either by the other Party or by the application of Clause 6.2 or

Appears in 1 contract

Samples: LNG Services Agreement

NOTICE AND RESUMPTION OF NORMAL PERFORMANCE. ‌ 12.2.1 Promptly upon the occurrence of an event that a Party considers may subsequently lead it to claim Force Majeure relief under this LTA LTSA on account thereof, the Party affected shall give notice to such effect to the other Party, describing such event and the obligations performance of which could reasonably be expected to be delayed or prevented thereby. In the event any Party claims Force Majeure relief under this LTALTSA, it shall promptly notify the other Party thereof and shall state in such notice: a(i) the particulars of the event giving rise to the Force Majeure claim, in as much detail as is then reasonably available including but not limited to the place and time such event occurred; b(ii) to the extent known or ascertainable, the obligations which have been actually delayed or prevented in performance and the estimated period during which such performance may be suspended or reduced, including the estimated extent of such reduction in performance; c(iii) the particulars of the program to be implemented to ensure full resumption of normal performance hereunder; and d(iv) the number of LNG Transshipment Services which such Party reasonably expects to be able to use in relation to Shipper Transshipper or make available for use in relation to Terminal Operator, as the case may be, during the period for which Force Majeure relief can reasonably expected to be claimed. Such notices shall thereafter be supplemented and updated monthly during the period of such recognized claimed Force Majeure specifying the actions being taken to remedy the circumstances causing such Force Majeure and the date on which such Force Majeure and its effects end. Upon the end of the Force Majeure the Terminal Operator shall notify Shipper when establish with the performance Transshipper the RTBS or the amended RTBS for such Month or its subsequent Months, as the case may be. If the period during which such LNG Transshipment Service may be suspended or reduced as a result of a single or series of Force Majeure Event is estimated to be equal to or less than twenty-four (24) Months, Transshipper may within thirty (30) Days of receipt of the notice herein give notice to Terminal Operator that it disputes the estimated period during which such LNG Services can Transshipment Service may be partially suspended or wholly resumed .reduced. If the Parties fail to recognize the estimated period of the Force Majeure Event within thirty

Appears in 1 contract

Samples: LNG Transshipment Services Agreement

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NOTICE AND RESUMPTION OF NORMAL PERFORMANCE.  Promptly upon the occurrence of an event that a Party considers may subsequently lead it to claim Force Majeure relief under this LTA LSA on account thereof, the Party affected shall give notice to such effect to the other Party, describing such event and the obligations performance of which could reasonably be expected to be delayed or prevented thereby. In the event any Party claims Force Majeure relief under this LTALSA, it shall promptly notify the other Party thereof and shall state in such notice: a) : the particulars of the event giving rise to the Force Majeure claim, in as much detail as is then reasonably available including but not limited to the place and time such event occurred; b) ; to the extent known or ascertainable, the obligations which have been actually delayed or prevented in performance and the estimated period during which such performance may be suspended or reduced, including the estimated extent of such reduction in performance; c) ; the particulars of the program to be implemented to ensure full resumption of normal performance hereunder; and d) and the LNG Services which such Party reasonably expects to be able to use in relation to Shipper or make available for use in relation to Terminal Operator, as the case may be, during the period for which Force Majeure relief can reasonably expected to be claimed. Such notices shall thereafter be supplemented and updated monthly during the period of such recognized claimed Force Majeure specifying the actions being taken to remedy the circumstances causing such Force Majeure and the date on which such Force Majeure and its effects end. Upon the end of the Force Majeure the Terminal Operator shall notify establish with the Shipper when the performance RBS or the amended RBS for such Month or its subsequent Months, as the case may be. If the period during which such LNG Service may be suspended or reduced as a result of the LNG Services can a single or series of Force Majeure Event is estimated to be partially equal to or wholly resumed .less than twenty-four

Appears in 1 contract

Samples: LNG Services Agreement

NOTICE AND RESUMPTION OF NORMAL PERFORMANCE. 12.2.1 Promptly upon the occurrence of an event that a Party considers may subsequently lead it to claim Force Majeure relief under this LTA LSA on account thereof, the Party affected shall give notice to such effect to the other Party, describing such event and the obligations performance of which could reasonably be expected to be delayed or prevented thereby. In the event any Party claims Force Majeure relief under this LTALSA, it shall promptly notify the other Party thereof and shall state in such notice: a) : the particulars of the event giving rise to the Force Majeure claim, in as much detail as is then reasonably available including but not limited to the place and time such event occurred; b) ; to the extent known or ascertainable, the obligations which have been actually delayed or prevented in performance and the estimated period during which such performance may be suspended or reduced, including the estimated extent of such reduction in performance; c) ; the particulars of the program to be implemented to ensure full resumption of normal performance hereunder; and d) and the LNG Services which such Party reasonably expects to be able to use in relation to Shipper or make available for use in relation to Terminal Operator, as the case may be, during the period for which Force Majeure relief can reasonably expected to be claimed. Such notices shall thereafter be supplemented and updated monthly during the period of such recognized claimed Force Majeure specifying the actions being taken to remedy the circumstances causing such Force Majeure and the date on which such Force Majeure and its effects end. Upon the end of the Force Majeure the Terminal Operator shall notify establish with the Shipper when the performance of RBS or the LNG Services can be partially amended RBS for such Month or wholly resumed its subsequent Months, as the case may be.

Appears in 1 contract

Samples: LNG Services Agreement

NOTICE AND RESUMPTION OF NORMAL PERFORMANCE. 12.2.1 Promptly upon the occurrence of an event that a Party considers may subsequently lead it to claim Force Majeure relief under this LTA LSA on account thereof, the Party affected shall give notice to such effect to the other Party, describing such event and the obligations performance of which could reasonably be expected to be delayed or prevented thereby. In the event any Party claims Force Majeure relief under this LTALSA, it shall promptly notify the other Party thereof and shall state in such notice: a) : the particulars of the event giving rise to the Force Majeure claim, in as much detail as is then reasonably available including but not limited to the place and time such event occurred; b) ; to the extent known or ascertainable, the obligations which have been actually delayed or prevented in performance and the estimated period during which such performance may be suspended or reduced, including the estimated extent of such reduction in performance; c) ; the particulars of the program to be implemented to ensure full resumption of normal performance hereunder; and d) and the LNG Services which such Party reasonably expects to be able to use in relation to Shipper or make available for use in relation to Terminal Operator, as the case may be, during the period for which Force Majeure relief can reasonably expected to be claimed. Such notices shall thereafter be supplemented and updated monthly during the period of such recognized claimed Force Majeure specifying the actions being taken to remedy the circumstances causing such Force Majeure and the date on which such Force Majeure and its effects end. Upon the end of the Force Majeure the Terminal Operator shall notify establish with the Shipper when the performance RBS or the amended RBS for such Month or its subsequent Months, as the case may be. If the period during which such LNG Service may be suspended or reduced as a result of a single or series of Force Majeure Event is estimated to be equal to or less than twenty- four (24) Months, Shipper may within thirty (30) Days of receipt of the notice herein give notice to Terminal Operator that it disputes the estimated period during which such LNG Services can Service may be partially suspended or wholly resumed .reduced. If the Parties fail to recognize the estimated period of the Force Majeure Event within thirty (30) Days after the receipt of the Shipper’s notice to the Terminal Operator, the matter may be resolved pursuant to Clause 6.2 or 6.3 of LSA. If the Force Majeure Event is recognized to have an estimated duration of more than twenty-four (24) Months either by the other Party or by the application of Clause 6.2 or

Appears in 1 contract

Samples: LNG Services Agreement

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