Common use of Transporter's right to cancel Diverted Cargoes Clause in Contracts

Transporter's right to cancel Diverted Cargoes. 1.4.1 The Transporter may without charge elect to cancel the delivery of a Diverted Cargo scheduled in the FOB ADP or FOB Ninety Day Schedule, as applicable, subject to the satisfaction of the following conditions: (A) the Transporter has: (1) paid Project Co the FLF in respect of the Diverted Cargo; and (2) either has executed a Swapped Cargo Contract or Project Co has executed a Book Out Agreement; (B) the Transporter has provided Project Co with notice of such election (the "Diverted Cargo Cancellation Notice") on or prior to the *** Day of the Month that is two (2) Months prior to the Month in which the FOB Delivery Window is scheduled to begin, confirming that the conditions set forth in Paragraph 1.4.1(A) above are, as of the date of such Diverted Cargo Cancellation Notice, satisfied; and (C) Project Co has not, within three (3) Days of receipt of the Diverted Cargo Cancellation Notice, objected to such election on the ground that Project Co considers (acting reasonably) that such cancellation would impose material incremental costs on Project Co and/or have a material adverse operational or revenue impact on Project Co or the Primary Production Facility. 1.4.2 Once the Diverted Cargo has been cancelled pursuant to this Paragraph 1.4, neither the Transporter nor Project Co shall have any further liability to the other Party with respect to such Diverted Cargo (other than as set forth in Paragraph 1.4.1(A)(1) above).

Transporter's right to cancel Diverted Cargoes. 1.4.1 The Transporter may without charge elect to cancel the delivery of a Diverted Cargo scheduled in the FOB ADP or FOB Ninety Day Schedule, as applicable, subject to the satisfaction of the following conditions: (A) the Transporter has: (1) paid Project Co an amount equal to the FLF Prepayment Amount in respect of the Diverted Cargo; and (2) either has executed a Swapped Cargo Contract or Project Co has executed a Book Out AgreementContract; (B) the Transporter has provided Project Co with notice of such election (the "“Diverted Cargo Cancellation Notice"”) on or prior to the *** Day of the Month that is two (2) Months prior to the Month in which the FOB Delivery Window is scheduled to begin, confirming that the conditions set forth in Paragraph 1.4.1(A) above are, as of the date of such Diverted Cargo Cancellation Notice, satisfied; and (C) Project Co has not, within three (3) Days of receipt of the Diverted Cargo Cancellation Notice, objected to such election on the ground that Project Co considers (acting reasonably) that such cancellation would impose material incremental costs on Project Co and/or have a material adverse operational or revenue impact on Project Co or the Primary Production Facility. 1.4.2 Once the Diverted Cargo has been cancelled pursuant to this Paragraph 1.4, neither the Transporter nor Project Co shall have any further liability to the other Party with respect to such Diverted Cargo (other than as set forth in Paragraph 1.4.1(A)(1) above).

Transporter's right to cancel Diverted Cargoes. 1.4.1 The Transporter may without charge elect to cancel the delivery of a Diverted Cargo scheduled in the FOB ADP or FOB Ninety Day Schedule, as applicable, subject to the satisfaction of the following conditions: (A) the Transporter has: (1) paid Project Co an amount equal to the FLF FOB Xy multiplied by the FOB SCQ in respect of the Diverted Cargo; and (2) either has executed a Swapped Cargo Contract or Project Co has executed a Book Out AgreementContract; (B) the Transporter has provided Project Co with notice of such election (the "Diverted Cargo Cancellation Notice") on or prior to the *** *Day of the Month that is two (2) Months prior to the Month in which the FOB Delivery Window is scheduled to begin, confirming that the conditions set forth in Paragraph 1.4.1(A) above are, as of the date of such Diverted Cargo Cancellation Notice, satisfied; and (C) Project Co has not, within three (3) Days of receipt of the Diverted Cargo Cancellation Notice, objected to such election on the ground that Project Co considers (acting reasonably) that such cancellation would impose material 56 incremental costs on Project Co and/or have a material adverse operational or revenue impact on Project Co or the Primary Production Nominal LNG Facility. 1.4.2 Once the Diverted Cargo has been cancelled pursuant to this Paragraph 1.4, neither the Transporter nor Project Co shall have any further liability to the other Party with respect to such Diverted Cargo (other than as set forth in Paragraph 1.4.1(A)(1) above).

Transporter's right to cancel Diverted Cargoes. 1.4.1 The Transporter may without charge elect to cancel the delivery of a Diverted Cargo scheduled in the FOB ADP or FOB Ninety Day Schedule, as applicable, subject to the satisfaction of the following conditions: (A) the Transporter has: (1) paid Project Co an amount equal to the FLF FOB Xy multiplied by the FOB SCQ in respect of the Diverted Cargo; and (2) either has executed a Swapped Cargo Contract or Project Co has executed a Book Out AgreementContract; (B) the Transporter has provided Project Co with notice of such election (the "Diverted Cargo Cancellation Notice") on or prior to the *** Day of the Month that is two (2) Months prior to the Month in which the FOB Delivery Window is scheduled to begin, confirming that the conditions set forth in Paragraph 1.4.1(A) above are, as of the date of such Diverted Cargo Cancellation Notice, satisfied; and (C) Project Co has not, within three (3) Days of receipt of the Diverted Cargo Cancellation Notice, objected to such election on the ground that Project Co considers (acting reasonably) that such cancellation would impose material incremental costs on Project Co and/or have a material adverse operational or revenue impact on Project Co or the Primary Production Facility. 1.4.2 Once the Diverted Cargo has been cancelled pursuant to this Paragraph 1.4, neither the Transporter nor Project Co shall have any further liability to the other Party with respect to such Diverted Cargo (other than as set forth in Paragraph 1.4.1(A)(1) above).

Transporter's right to cancel Diverted Cargoes. 1.4.1 The Transporter may without charge elect to cancel the delivery of a Diverted Cargo scheduled in the FOB ADP or FOB Ninety Day Schedule, as applicable, subject to the satisfaction of the following conditions: (A) the Transporter has: (1) paid Project Co the FLF in respect of the Diverted Cargo; and (2) either has executed a Swapped Cargo Contract or Project Co has executed a Book Out Agreement; (B) the Transporter has provided Project Co with notice of such election (the "Diverted Cargo Cancellation Notice") on or prior to the *** *Day of the Month that is two (2) Months prior to the Month in which the FOB Delivery Window is scheduled to begin, confirming that the conditions set forth in Paragraph 1.4.1(A) above are, as of the date of such Diverted Cargo Cancellation Notice, satisfied; and (C) Project Co has not, within three (3) Days of receipt of the Diverted Cargo Cancellation Notice, objected to such election on the ground that Project Co considers (acting reasonably) that such cancellation would impose material incremental costs on Project Co and/or have a material adverse operational or revenue impact on Project Co or the Primary Production Facility. 1.4.2 Once the Diverted Cargo has been cancelled pursuant to this Paragraph 1.4, neither the Transporter nor Project Co shall have any further liability to the other Party with respect to such Diverted Cargo (other than as set forth in Paragraph 1.4.1(A)(1) above).