Common use of SAFETY AND OPERATIONAL INSTRUCTIONS Clause in Contracts

SAFETY AND OPERATIONAL INSTRUCTIONS. Notwithstanding any stipulation to the contrary, the Operator, acting as a Prudent and Reasonable Operator, may at any time take any action that aims to protect the safety of property and people or the integrity of the Terminal or of the Transmission System or to guarantee the fulfilment of its legal or regulatory obligations, including any action the result of which is an adjustment to or an interruption of the service provided to the Shipper pursuant to the Contract, subject to the non-discriminatory treatment of shippers in compliance with the legal and regulatory provisions in force. The Operator can, in particular, inform the Shipper, using any means, of Operational Instructions that the Shipper shall undertake to comply with and, where applicable, to ensure compliance by the Owner and Captain of the Vessel. Under such circumstances, the Shipper cannot claim any indemnification from the Operator or its insurers for the consequences of a reduction in or interruption of the Unloading or Reloading or Send-Out from the Terminal. Moreover, it shall guarantee the Operator against any recourse by third parties or the payment of indemnities to a third party with which the Shipper is contractually linked.

Appears in 3 contracts

Samples: Contract for Access to the Fos Cavaou LNG Terminal, Contract for Access to the Fos Cavaou LNG Terminal, Contract for Access to the Fos Cavaou LNG Terminal

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SAFETY AND OPERATIONAL INSTRUCTIONS. Notwithstanding any stipulation to the contrary, the Operator, acting as a Prudent and Reasonable Operator, may at any time take any action that aims to protect the safety of property and people or the integrity of the Terminal or of the Transmission System or to guarantee the fulfilment of its legal or regulatory obligations, including any action the result of which is an adjustment to or an interruption of the service provided to the Shipper pursuant to the Contract, subject to the non-discriminatory treatment of shippers in compliance with the legal and regulatory provisions in force. The Operator can, in particular, inform the Shipper, using any means, of Operational Instructions that the Shipper shall undertake to comply with and, where applicable, to ensure compliance by the Owner and Captain of the VesselSmall-Scale LNG Carrier. Under such circumstances, the Shipper cannot claim any indemnification from the Operator or its insurers for the consequences of a reduction in or interruption of the Unloading or Reloading or Send-Out from the TerminalLoadings. Moreover, it shall guarantee the Operator against any recourse by third parties or the payment of indemnities to a third party with which the Shipper is contractually linked.

Appears in 1 contract

Samples: Small Scale LNG Carrier Loading Contract

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