Common use of Off-Specification LNG – With Notice Clause in Contracts

Off-Specification LNG – With Notice. If Seller becomes aware that the LNG to be delivered to Buyer does not comply with or is likely not to comply with the Specifications (the “Off-Specification LNG”), Seller shall notify Buyer in writing (an “Off-Specification LNG Notice”) as soon as reasonably practicable (including details of the extent of or likelihood of such failure to meet the Specifications) and Buyer shall use reasonable endeavours, including coordinating with the operator of Buyer’s Facilities, to accept Off-Specification LNG. If Buyer determines in good faith that it cannot reasonably receive the Off-Specification LNG (i) for DAP deliveries, at Buyer’s Facilities or (ii) for FOB deliveries on the LNG Ship and/or the Buyer’s Facilities, Buyer may reject the Off-Specification LNG by giving Seller a notice of rejection in writing within forty-eight (48) hours of Buyer’s receipt of the Off-Specification LNG Notice (without prejudice to Seller’s right to deliver alternative LNG that complies with the Specifications). If Buyer does not give Seller a written notice of rejection within 48 hours, Buyer will be deemed to have accepted the Off-Specification LNG. If Off-Specification LNG is accepted by Buyer in accordance with Clause 5.2.1, Seller shall reimburse Buyer for any reasonable, actual, documented and direct losses and costs incurred by Buyer (whether to pay Third Parties or otherwise) in treating or disposing of Off-Specification LNG received at Buyer’s Facilities by reason of its failure to comply with the Specifications, in an amount not exceeding twenty-five percent (25%) of the amount payable by Buyer for the LNG Cargo delivered, had that LNG Cargo complied with the Specifications.

Off-Specification LNG – With Notice. 5.2.1 If Seller becomes aware that the LNG to be delivered to Buyer does not comply with or is likely not to comply with the Specifications (the “Off-Specification LNG”), Seller shall notify Buyer in writing (an “Off-Off- Specification LNG Notice”) as soon as reasonably practicable (including details of the extent of or likelihood of such failure to meet the Specifications) and Buyer shall use reasonable endeavours, including coordinating with the operator of Buyer’s Facilities, to accept Off-Specification LNG. If Buyer determines in good faith that it cannot reasonably receive the Off-Specification LNG (i) for DAP deliveries, at Buyer’s Facilities or (ii) for FOB deliveries on the LNG Ship and/or the Buyer’s Facilities, Buyer may reject the Off-Specification LNG by giving Seller a notice of rejection in writing within forty-forty- eight (48) hours of Buyer’s receipt of the Off-Specification LNG Notice (without prejudice to Seller’s right to deliver alternative LNG that complies with the Specifications). If Buyer Xxxxx does not give Seller a written notice of rejection within 48 hours, Buyer will be deemed to have accepted the Off-Specification LNG. . 5.2.2 If Off-Specification LNG is accepted by Buyer in accordance with Clause 5.2.1, Seller shall reimburse Buyer for any reasonable, actual, documented and direct losses and costs incurred by Buyer (whether to pay Third Parties or otherwise) in treating or disposing of Off-Specification LNG received at Buyer’s Facilities by reason of its failure to comply with the Specifications, in an amount not exceeding twenty-twenty- five percent (25%) of the amount payable by Buyer for the LNG Cargo delivered, had that LNG Cargo complied with the Specifications.

Off-Specification LNG – With Notice. 5.2.1 If Seller becomes aware that the LNG to be delivered to Buyer does not comply with or is likely not to comply with the Specifications (the “Off-Specification LNG”), Seller shall notify Buyer in writing (an “Off-Specification LNG Notice”) as soon as reasonably practicable (including details of the extent of or likelihood of such failure to meet the Specifications) and Buyer shall use reasonable endeavours, including coordinating with the operator of Buyer’s Facilities, to accept Off-Specification LNG. If Buyer determines in good faith that it cannot reasonably receive the Off-Specification LNG (i) for DAP deliveries, at Buyer’s Facilities or (ii) for FOB deliveries on the LNG Ship and/or the Buyer’s Facilities, Buyer may reject the Off-Specification LNG by giving Seller a notice of rejection in writing within forty-forty- eight (48) hours of Buyer’s receipt of the Off-Specification LNG Notice (without prejudice to Seller’s right to deliver alternative LNG that complies with the Specifications). If Buyer Xxxxx does not give Seller a written notice of rejection within 48 hours, Buyer will be deemed to have accepted the Off-Off- Specification LNG. LNG.‌ 5.2.2 If Off-Specification LNG is accepted by Buyer in accordance with Clause 5.2.1, Seller shall reimburse Buyer for any reasonable, actual, documented and direct losses and costs incurred by Buyer (whether to pay Third Parties or otherwise) in treating or disposing of Off-Specification LNG received at Buyer’s Facilities by reason of its failure to comply with the Specifications, in an amount not exceeding twenty-five percent (25%) of the amount payable by Buyer for the LNG Cargo delivered, had that LNG Cargo complied with the Specifications.Specifications.‌

Off-Specification LNG – With Notice. 5.2.1 If Seller becomes aware that the LNG to be delivered to Buyer does not comply with or is likely not to comply with the Specifications (the “Off-Specification Off‐Specification LNG”), Seller shall notify Buyer in writing (an “Off-Off‐ Specification LNG Notice”) as soon as reasonably practicable (including details of the extent of or likelihood of such failure to meet the Specifications) and Buyer shall use reasonable endeavours, including coordinating with the operator of Buyer’s Facilities, to accept Off-Specification Off‐Specification LNG. If Buyer determines in good faith that it cannot reasonably receive the Off-Specification Off‐Specification LNG (i) for DAP deliveries, at Buyer’s Facilities or (ii) for FOB deliveries on the LNG Ship and/or the Buyer’s Facilities, Buyer may reject the Off-Specification Off‐Specification LNG by giving Seller a notice of rejection in writing within forty-forty‐ eight (48) hours of Buyer’s receipt of the Off-Specification Off‐Specification LNG Notice (without prejudice to Seller’s right to deliver alternative LNG that complies with the Specifications). If Buyer does not give Seller a written notice of rejection within 48 hours, Buyer will be deemed to have accepted the Off-Specification Off‐Specification LNG. . 5.2.2 If Off-Specification Off‐Specification LNG is accepted by Buyer in accordance with Clause 5.2.1, Seller shall reimburse Buyer for any reasonable, actual, documented and direct losses and costs incurred by Buyer (whether to pay Third Parties or otherwise) in treating or disposing of Off-Specification Off‐Specification LNG received at Buyer’s Facilities by reason of its failure to comply with the Specifications, in an amount not exceeding twenty-twenty‐ five percent (25%) of the amount payable by Buyer for the LNG Cargo delivered, had that LNG Cargo complied with the Specifications.