PREVIOUSLY BELIEVED TO BE READY FOR UNLOADING, IS DETERMINED TO BE NOT
READY AFTER BEING BERTHED, SABINE MAY DIRECT THE LNG VESSEL'S MASTER TO VACATE
THE BERTH AND PROCEED TO ANCHORAGE, WHETHER OR NOT OTHER LNG VESSELS ARE
AWAITING THE BERTH, UNLESS IT APPEARS REASONABLY CERTAIN TO SABINE THAT SUCH LNG
VESSEL CAN BE MADE READY WITHOUT DISRUPTING THE OVERALL UNLOADING SCHEDULE OF
THE SABINE PASS FACILITY OR OPERATIONS OF THE SABINE PASS FACILITY.
WHEN AN
UNREADY LNG VESSEL AT ANCHORAGE BECOMES READY FOR UNLOADING, ITS MASTER SHALL
NOTIFY SABINE.
UPON THE REBERTHING OF ANY LNG VESSEL VACATED PURSUANT TO THIS
SECTION 8.9(A), CUSTOMER SHALL BE RESPONSIBLE FOR ANY ACTUAL COSTS INCURRED BY
SABINE ACTING AS A REASONABLE AND PRUDENT OPERATOR AS A RESULT OF SUCH LNG
VESSEL NOT BEING READY FOR UNLOADING.
(B)
BERTH LIMITATIONS.
(I)
AN LNG VESSEL SHALL COMPLETE UNLOADING
AND VACATE THE BERTH AS SOON AS POSSIBLE BUT NOT LATER THAN THE FOLLOWING
ALLOWED BERTH TIME:
A.
TWENTY-FOUR (24) HOURS, IN THE CASE OF
AN LNG VESSEL WITH AN LNG CARGO CONTAINMENT CAPACITY LESS THAN OR EQUAL TO ONE
HUNDRED FORTY THOUSAND (140,000) CUBIC METERS; OR
B.
IN ACCORDANCE WITH THE FOLLOWING
FORMULA, IN THE CASE OF AN LNG VESSEL WITH AN LNG CARGO CONTAINMENT CAPACITY
GREATER THAN ONE HUNDRED FORTY THOUSAND (140,000) CUBIC METERS:
24
+
x
=
allowed berth time (in hours)
where:
x =
y/12,000 Cubic Meters; and
y =
the LNG cargo containment capacity of the LNG Vessel in
excess of 140,000 Cubic Meters.
NOTWITHSTANDING THE FOREGOING, THE AFOREMENTIONED TIME RESTRICTIONS SHALL BE
EXTENDED FOR: (A) REASONS ATTRIBUTABLE TO SABINE; (B) REASONS ATTRIBUTABLE TO A
PILOT OR TO A GOVERNMENTAL AUTHORITY; (C) FORCE MAJEURE; AND (D) NIGHTTIME
TRANSIT RESTRICTIONS.
(II)
IF AN LNG VESSEL FAILS TO DEPART AT THE
END OF ITS ALLOWED BERTH TIME, SABINE MAY DIRECT THE LNG VESSEL TO VACATE THE
BERTH AND PROCEED TO SEA AT UTMOST DISPATCH.
(III)
IF AN LNG VESSEL FAILS TO VACATE THE BERTH
AFTER RECEIPT OF SABINE'S NOTICE TO DO SO UNDER THIS SECTION 8.9, CUSTOMER SHALL
REIMBURSE SABINE FOR ANY AND ALL REASONABLE AND ACTUAL DAMAGES ITS INCURS AS A
RESULT THEREOF, INCLUDING AMOUNTS SABINE BECOMES CONTRACTUALLY OBLIGATED TO PAY
AS DEMURRAGE OR EXCESS BOIL-OFF TO ANY OTHER CUSTOMER.
36
(IV)
SUBJECT TO THIS SECTION 8.9, IN THE EVENT AN
LNG VESSEL FAILS TO VACATE THE BERTH WITHIN SEVENTY-TWO (72) HOURS OF ARRIVAL
AND CUSTOMER IS NOT TAKING ACTIONS TO CAUSE IT TO VACATE THE BERTH, SABINE MAY
EFFECT SUCH REMOVAL AT THE EXPENSE OF THE CUSTOMER.
ARTICLE 9
RECEIPT OF LNG
9.1
TITLE, CUSTODY AND RISK OF LOSS
(A)
TITLE TO CUSTOMER'S INVENTORY, RISK OF
LOSS.
SUBJECT TO SECTION 3.4, SABINE SHALL NOT ASSUME TITLE OR RISK OF LOSS
WITH RESPECT TO CUSTOMER'S INVENTORY EVEN DURING PERIODS WHEN IT IS IN THE
POSSESSION AND CONTROL OF SABINE.
FOR THE AVOIDANCE OF DOUBT, TITLE AND RISK OF
LOSS WITH RESPECT TO RETAINAGE SHALL PASS TO SABINE AT THE RECEIPT POINT.
(B)