Common use of SAFE BERTH AND PASSAGE Clause in Contracts

SAFE BERTH AND PASSAGE. (a) If a Vessel cannot, in Buyer’s reasonable opinion, maintain its mooring safely at the dock, and the Vessel is causing the unsafe condition, then Buyer at its sole discretion may order hold-in tugs, and the cost of such tugs shall be for the Vessel’s account. Dockage and service fees, including mooring, booming and gangway use, will be charged to the Vessel. In addition, all duties and other charges on the Vessel, including those incurred for tugs and pilots, and other port costs shall be for the Vessel’s account, unless required by Buyer. (b) Notwithstanding anything to the contrary in this Appendix or Agreement, Buyer does not warrant the safety or draft of public channels, fairways, approaches thereto, anchorages or other publicly-maintained area either inside or outside the port area where the Vessel may be directed. Buyer shall not be liable for (i) any loss, damage, injury or delay to Vessel resulting from the use of such waterways not caused by Buyer’s sole fault or sole negligence or which could have been avoided by the exercise of reasonable care on the part of the Vessel or its master, or (ii) any damage to Vessel at the Refinery caused by other vessels passing in the waterway. (c) Subject to subclause (iv) below, Buyer warrants to Seller that (i) Buyer shall provide two jetties for import and export of Oil and Feedstock fitted with loading hoses and insulation flanges for Berthing as specified in this Clause 3(c) of this Appendix 19 and (ii) one jetty (the “Number 1 Berth”) shall meet the requirements listed in subclause (i) below and the second jetty (the “Number 2 Berth”) shall meet the requirements listed in subclause (ii) below: (i) Number 1 Berth: (1) maximum 923 feet length overall (“LOA”), (2) maximum 142,000 deadweight tonnage (“DWT”), and (3) variable draft up to a maximum of 36 feet fresh water, with minimum 310 feet LBP due to bumper configuration. (ii) Number 2 Berth: (1) maximum 900 feet LOA, (2) maximum 160,000 DWT, and (3) variable draft up to a maximum of 36 feet fresh water, with minimum 260 feet LBP. (iii) Access to both berths is via Buyer’s Shipping Channel, with a variable draft up to a maximum on 36 feet at MHW, which includes a 1’ under keel clearance. Actual drafts in the channel will be mapped periodically and changes promptly communicated to Seller. Any additional costs incurred as a result of changes in drafts, including lightering costs, will be solely for Buyer’s account. (iv) The crude pipeline from the jetty to the crude oil tank farm has a check valve making it a receipt-only facility. Buyer warrants that the check valve on the crude pipeline can be modified to export crude oil. Should a Buyer Event of Default occur Buyer shall make, or permit Seller to make, all necessary modifications to the jetty pipeline and any lateral pipelines to facilitate the export of crude oil from the Refinery, including reversal of the check valve(s). All costs incurred for such modifications shall be solely for the account of Buyer.

SAFE BERTH AND PASSAGE. (a) If a Vessel cannot, in Buyer’s reasonable opinion, maintain its mooring safely at the dock, and the Vessel is causing the unsafe condition, then Buyer at its sole discretion may order hold-in tugs, and the cost of such tugs shall be for the Vessel’s account. Dockage and service fees, including mooring, booming and gangway use, will be charged to the Vessel. In addition, all duties and other charges on the Vessel, including those incurred for tugs and pilots, and other port costs shall be for the Vessel’s account, unless required by Buyer. (b) Notwithstanding anything to the contrary in this Appendix or Agreement, Buyer does not warrant the safety or draft of public channels, fairways, approaches thereto, anchorages or other publicly-maintained area either inside or outside the port area where the Vessel may be directed. Buyer shall not be liable for (i) any loss, damage, injury or delay to Vessel resulting from the use of such waterways not caused by Buyer’s sole fault or sole negligence or which could have been avoided by the exercise of reasonable care on the part of the Vessel or its master, or (ii) any damage to Vessel at the Refinery caused by other vessels passing in the waterway. (c) Subject to subclause (iv) below, Buyer warrants to Seller that (i) Buyer shall provide two jetties for import and export of Oil crude oil and Feedstock fitted with mechanical cargo transfer loading hoses arms and insulation flanges for Berthing as specified in this Clause 3(c) of this Appendix 19 and (ii) one jetty (the “Number 1 Berth”) shall meet the requirements listed in subclause (i) below and the second jetty (the “Number 2 Berth”) shall meet the requirements listed in subclause (ii) below: (i) Number 1 Berth: (1) maximum 923 1200 feet length overall (“LOA”), (2) maximum 142,000 280,000 deadweight tonnage (“DWT”), and (3) variable maximum draft up to a maximum of 36 40 feet fresh waterfreshwater, with minimum 310 400 feet LBP LOA due to bumper configuration. (ii) Number 2 Berth: (1) maximum 900 feet LOA, (2) maximum 160,000 150,000 DWT, and (3) variable maximum draft up to a maximum of 36 32 feet fresh water10 inches freshwater, with no minimum 260 feet LBPLOA. (iii) Access to both berths is via Buyer’s Shipping Channel, with a variable draft up to a maximum on 36 feet at MHW, which includes a 1’ under keel clearance. Actual drafts in the channel will be mapped periodically and changes promptly communicated to Seller. Any additional costs incurred as a result of changes in drafts, including lightering costs, will be solely for Buyer’s account. (iv) The crude pipeline from the jetty to the crude oil tank farm has a check valve making it a receipt-only facility. Buyer warrants that the check valve on the crude pipeline can be modified to export crude oil. Should a Buyer Event of Default occur Buyer shall make, or permit Seller to make, all necessary modifications to the jetty pipeline and any lateral pipelines to facilitate the export of crude oil from the Refinery, including reversal of the check valve(s). All costs incurred for such modifications shall be solely for the account of Buyer.