Common use of TERMINAL OPERATOR'S FAILURE TO CONFORM Clause in Contracts

TERMINAL OPERATOR'S FAILURE TO CONFORM. 3.3.1 If Terminal Operator makes Off-Specification Natural Gas available at the Redelivery Point and provided Shipper’s LNG complied with the Specification for the Delivery Point, Shipper may refuse but shall use reasonable endeavours, without prejudice to any other right or remedy it may have, to receive and accept in whole or in part any Off- Specification Natural Gas, subject to Terminal Operator: (i) requesting the Transmission System Operator to accept Off-Specification Natural Gas at the Redelivery Point; and (ii) Terminal Operator reimbursing Shipper all reasonable direct costs, direct expenses and other direct losses actually incurred by Shipper which are properly documented and presented to Terminal Operator due to the failure of Terminal Operator to comply with the Specification for the Redelivery Point. Shipper shall take all reasonable measures to minimize such direct costs, direct expenses and direct losses, which Shipper may incur. 3.3.2 If Off-Specification Natural Gas is redelivered at the Redelivery Point without having been accepted by Shipper, and provided Shipper’s LNG complied with the Specification for the Delivery Point, Terminal Operator shall reimburse Shipper all reasonable direct costs, direct expenses and other direct losses actually incurred by Shipper which are properly documented and presented to Terminal Operator due to Terminal Operator’s failure to redeliver Natural Gas in compliance with the Specification for the Redelivery Point, provided Shipper takes all reasonable measures to minimize such direct costs, direct expenses and other direct losses which Shipper may incur. This GC 3.3.2 shall also apply if Terminal Operator has accepted Off-Specification LNG from Other Shipper(s) or Other User(s) under GC 3.2.4 without consulting with Shipper or after Shipper has refused to allow Terminal Operator to commingle its LNG already within the LNG Terminal with such Off Specification LNG.

TERMINAL OPERATOR'S FAILURE TO CONFORM. 3.3.1  If Terminal Operator makes Off-Specification Natural Gas available at the Redelivery Point and provided Shipper’s LNG complied with the Specification for the Delivery Point, Shipper may refuse but shall use reasonable endeavours, without prejudice to any other right or remedy it may have, to receive and accept in whole or in part any Off- Specification Natural Gas, subject to Terminal Operator: (i) requesting the Transmission System Operator to accept Off-Specification Natural Gas at the Redelivery Point; and (ii) Terminal Operator reimbursing Shipper all reasonable direct costs, direct expenses and other direct losses actually incurred by Shipper which are properly documented and presented to Terminal Operator due to the failure of Terminal Operator to comply with the Specification for the Redelivery Point. Shipper shall take all reasonable measures to minimize such direct costs, direct expenses and direct losses, which Shipper may incur. 3.3.2 .  If Off-Specification Natural Gas is redelivered at the Redelivery Point without having been accepted by Shipper, and provided Shipper’s LNG complied with the Specification for the Delivery Point, Terminal Operator shall reimburse Shipper all reasonable direct costs, direct expenses and other direct losses actually incurred by Shipper which are properly documented and presented to Terminal Operator due to Terminal Operator’s failure to redeliver Natural Gas in compliance with the Specification for the Redelivery Point, provided Shipper takes all reasonable measures to minimize such direct costs, direct expenses and other direct losses which Shipper may incur. This GC 3.3.2 shall also apply if Terminal Operator has accepted Off-Specification LNG from Other Shipper(s) or Other User(s) under GC 3.2.4 without consulting with Shipper or after Shipper has refused to allow Terminal Operator to commingle its LNG already within the LNG Terminal with such Off Specification LNG.

TERMINAL OPERATOR'S FAILURE TO CONFORM. 3.3.1  If Terminal Operator makes Off-Specification Natural Gas available at the Redelivery Point and provided Shipper’s LNG complied with the Specification for the Delivery Point, Shipper may refuse but shall use reasonable endeavoursendeavours to accept, without prejudice to any other right or remedy it may have, to receive and accept in whole or in part any Off- Specification Natural Gas, subject to Terminal Operator: (i) requesting the Transmission System Operator to accept Off-Specification Natural Gas at the Redelivery Point; and (ii) Terminal Operator reimbursing Shipper all reasonable direct costs, direct expenses and other direct losses actually incurred by Shipper which are properly documented and presented to Terminal Operator due to the failure of Terminal Operator to comply with the Specification for the Redelivery Point. Shipper shall take all reasonable measures to minimize such direct costs, direct expenses and direct losses, which Shipper may incur. 3.3.2 .  If Off-Specification Natural Gas is redelivered at the Redelivery Point without having been accepted by Shipper, and provided Shipper’s LNG complied with the Specification for the Delivery Point, Terminal Operator shall reimburse Shipper all reasonable direct costs, direct expenses and other direct losses actually incurred by Shipper which are properly documented and presented to Terminal Operator due to Terminal Operator’s failure to redeliver Natural Gas in compliance with the Specification for the Redelivery Point, provided Shipper takes all reasonable measures to minimize such direct costs, direct expenses and other direct losses which Shipper may incur. This GC 3.3.2 shall also apply if Terminal Operator has accepted Off-Specification LNG from Other Shipper(s) or Other User(s) under GC 3.2.4 without consulting with Shipper or after Shipper has refused to allow Terminal Operator to commingle its LNG already within the LNG Terminal with such Off Specification LNG.