Common use of Port Liability Agreement Clause in Contracts

Port Liability Agreement. 3.1 The Transporter shall, or shall cause the master of each LNG Tanker (acting on behalf of the ship-owner and charterer) making use of the port or marine facilities at the Corpus Christi Facility (or Alternate Production Facility, as applicable) or the Loading Port thereof on behalf of Transporter, to execute the FOB Port Liability Agreement prior to such LNG Tanker’s arrival at the Corpus Christi Facility (or Alternate Production Facility, as applicable) or the Loading Port thereof. In the event the master of an LNG Tanker fails to execute such FOB Port Liability Agreement, the Transporter, subject to Clause 16.4, shall indemnify and hold Project Co and its Affiliates harmless from any Claims brought against, or Losses incurred by Project Co or any of its Affiliates arising from such failure. 3.2 Subject to Paragraph 3.1 and without prejudice to the terms of the FOB Port Liability Agreement, Project Co releases Transporter, its Affiliates, and their respective shareholders, officers, members, directors, employees, designees, representatives, and agents from liability to Project Co incident to all Claims and Losses that may exist, arise or be threatened currently or in the future at any time following the Effective Date and whether or not of a type contemplated by either Party at any time, brought by any Person for injury to, illness or death of any employee of Project Co, or for damage to or loss of the Corpus Christi Facility (or Alternate Production Facility, as applicable), which injury, illness, death, damage or loss arises out of, is incident to, or results from the performance or failure to perform this Agreement by Transporter, or any of its Affiliates, shareholders, officers, members, directors, employees, designees, representatives and agents. 3.3 Subject to Paragraph 3.1 and without prejudice to the terms of the FOB Port Liability Agreement, Transporter releases Project Co, its Affiliates, and their respective shareholders, officers, members, directors, employees, designees, representatives, and agents from liability to Transporter incident to all Claims and Losses that may exist, arise or be threatened currently or in the future at any time following the Effective Date and whether or not of a type contemplated by either Party at any time, brought by any Person for injury to, illness or death of any employee of Transporter, or for damage to or loss of any LNG Tanker, which injury, illness, death, damage or loss arises out of, is incident to, or results from the performance or failure to perform this Agreement by Project Co or its Affiliates, shareholders, officers, members, directors, employees, designees, representatives and agents. 3.4 The form of FOB Port Liability Agreement may be amended from time to time without the consent of the Transporter only if after any such amendment the revised terms of such FOB Port Liability Agreement: 3.4.1 do not negatively impact Transporter’s ability to perform its obligations or exercise its rights under this Agreement; 3.4.2 treat Transporter in a non-discriminatory manner in comparison to all other owners and charterers of LNG vessels that use or transit the Loading Port; and 3.4.3 do not prevent any Transporter from obtaining, on commercially reasonable terms, full P&I insurance coverage from a Protection and Indemnity Club that is a member of the International Group of P&I Clubs, and such P&I insurance will cover all Claims and Losses pursuant to such FOB Port Liability Agreement in relation to use of the Loading Port by an LNG Tanker. Project Co shall promptly notify Transporter upon any amendment to the FOB Port Liability Agreement and shall provide a copy of the amended FOB Port Liability Agreement to Transporter.

Port Liability Agreement. 3.1 The Transporter shall, or shall cause the master of each LNG Tanker (acting on behalf of the ship-owner and charterer) making use of the port or marine facilities at the Corpus Christi Facility (or Alternate Production Facility, as applicable) or the Loading Port thereof on behalf of Transporter, to execute the FOB Port Liability Agreement prior to such LNG Tanker’s arrival at the Corpus Christi Facility (or Alternate Production Facility, as applicable) or the Loading Port thereof. In the event the master of an LNG Tanker fails to execute such FOB Port Liability Agreement, the Transporter, subject to Clause 16.4, shall indemnify and hold Project Co and its Affiliates harmless from any Claims brought against, or Losses incurred by Project Co or any of its Affiliates arising from such failure. 3.2 Subject to Paragraph 3.1 and without prejudice to the terms of the FOB Port Liability Agreement, Project Co releases Transporter, its Affiliates, and their respective shareholders, officers, members, directors, employees, designees, representatives, and agents from liability to Project Co incident to all Claims and Losses that may exist, arise or be threatened currently or in the future at any time following the Effective Date and whether or not of a type contemplated by either Party at any time, brought by any Person for injury to, illness or death of any employee of Project Co, or for damage to or loss of the Corpus Christi Facility (or Alternate Production Facility, as applicable), which injury, illness, death, damage or loss arises out of, is incident to, or results from the performance or failure to perform this Agreement by Transporter, or any of its Affiliates, shareholders, officers, members, directors, employees, designees, representatives and agents. 3.3 Subject to Paragraph 3.1 and without prejudice to the terms of the FOB Port Liability Agreement, Transporter releases Project Co, its Affiliates, and their respective shareholders, officers, members, directors, employees, designees, representatives, and agents from liability to Transporter incident to all Claims and Losses that may exist, arise or be threatened currently or in the future at any time following the Effective Date and whether or not of a type contemplated by either Party at any time, brought by any Person for injury to, illness or death of any employee of Transporter, or for damage to or loss of any LNG Tanker, which injury, illness, death, damage or loss arises out of, is incident to, or results from the performance or failure to perform this Agreement by Project Co or its Affiliates, shareholders, officers, members, directors, employees, designees, representatives and agents. 3.4 The form of FOB Port Liability Agreement may be amended from time to time without the consent of the Transporter only if after any such amendment the revised terms of such FOB Port Liability Agreement: 3.4.1 do not negatively impact Transporter’s ability to perform its obligations or exercise its rights under this Agreement; 3.4.2 treat Transporter in a non-discriminatory manner in comparison to all other owners and charterers of LNG vessels that use or transit the Loading Port; and 3.4.3 do not prevent any Transporter from obtaining, on commercially reasonable terms, full P&I xxxx X&X insurance coverage from a Protection and Indemnity Club that is a member of the International Group of P&I Clubs, and such P&I insurance will cover all Claims and Losses pursuant to such FOB Port Liability Agreement in relation to use of the Loading Port by an LNG Tanker. Project Co shall promptly notify Transporter upon any amendment to the FOB Port Liability Agreement and shall provide a copy of the amended FOB Port Liability Agreement to Transporter.

Port Liability Agreement. 3.1 The Transporter shall, or shall cause the master of each LNG Tanker (acting on behalf of the ship-owner and charterer) making use of the port or marine facilities at the Corpus Christi Facility (or Alternate Production Facility, as applicable) or the Loading Port thereof on behalf of Transporter, to execute the FOB Port Liability Agreement prior to such LNG Tanker’s arrival at the Corpus Christi Facility (or Alternate Production Facility, as applicable) or the Loading Port thereof. In the event the master of an LNG Tanker fails to execute such FOB Port Liability Agreement, the Transporter, subject to Clause 16.4, shall indemnify and 91 hold Project Co and its Affiliates harmless from any Claims brought against, or Losses incurred by Project Co or any of its Affiliates arising from such failure. 3.2 Subject to Paragraph 3.1 and without prejudice to the terms of the FOB Port Liability Agreement, Project Co releases Transporter, its Affiliates, and their respective shareholders, officers, members, directors, employees, designees, representatives, and agents from liability to Project Co incident to all Claims and Losses that may exist, arise or be threatened currently or in the future at any time following the Effective Date and whether or not of a type contemplated by either Party at any time, brought by any Person for injury to, illness or death of any employee of Project Co, or for damage to or loss of the Corpus Christi Facility (or Alternate Production Facility, as applicable), which injury, illness, death, damage or loss arises out of, is incident to, or results from the performance or failure to perform this Agreement by Transporter, or any of its Affiliates, shareholders, officers, members, directors, employees, designees, representatives and agents. 3.3 Subject to Paragraph 3.1 and without prejudice to the terms of the FOB Port Liability Agreement, Transporter releases Project Co, its Affiliates, and their respective shareholders, officers, members, directors, employees, designees, representatives, and agents from liability to Transporter incident to all Claims and Losses that may exist, arise or be threatened currently or in the future at any time following the Effective Date and whether or not of a type contemplated by either Party at any time, brought by any Person for injury to, illness or death of any employee of Transporter, or for damage to or loss of any LNG Tanker, which injury, illness, death, damage or loss arises out of, is incident to, or results from the performance or failure to perform this Agreement by Project Co or its Affiliates, shareholders, officers, members, directors, employees, designees, representatives and agents. 3.4 The form of FOB Port Liability Agreement may be amended from time to time without the consent of the Transporter only if after any such amendment the revised terms of such FOB Port Liability Agreement: 3.4.1 do not negatively impact Transporter’s ability to perform its obligations or exercise its rights under this Agreement; 3.4.2 treat Transporter in a non-discriminatory manner in comparison to all other owners and charterers of LNG vessels that use or transit the Loading Port; and 3.4.3 do not prevent any Transporter from obtaining, on commercially reasonable terms, full P&I insurance coverage from a Protection and Indemnity Club that is a member of the International Group of P&I Clubs, and such P&I insurance will cover all Claims and Losses pursuant to such FOB Port Liability Agreement in relation to use of the Loading Port by an LNG Tanker. Project Co shall promptly notify Transporter upon any amendment to the FOB Port Liability Agreement and shall provide a copy of the amended FOB Port Liability Agreement to Transporter.