(A)
EFFICIENCY.
SABINE SHALL, ACTING AS A
REASONABLE AND PRUDENT OPERATOR, COOPERATE WITH TRANSPORTERS (OR THEIR AGENTS)
AND WITH THE MASTER OF EACH LNG VESSEL TO FACILITATE THE CONTINUOUS AND
EFFICIENT DELIVERY OF LNG HEREUNDER.
(B)
VAPOR RETURN LINE.
DURING UNLOADING OF EACH
CARGO OF LNG, SABINE SHALL RETURN TO THE LNG VESSEL GAS IN SUCH QUANTITIES AS
ARE NECESSARY FOR THE SAFE UNLOADING OF THE LNG AT SUCH RATES, PRESSURES AND
TEMPERATURES AS MAY BE REQUIRED BY THE DESIGN OF THE LNG VESSEL, AND SUCH
RETURNED GAS SHALL NOT BE DEEMED TO BE VOLUME UNLOADED FOR CUSTOMER'S ACCOUNT.
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8.9
LNG Vessel Not Ready for Unloading; Excess
Berth Time
(A)
VESSEL NOT READY FOR UNLOADING.
IF ANY LNG
VESSEL, 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.
(II)
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.
(III)
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.
(IV)
IF AN LNG VESSEL FAILS TO VACATE THE BERTH PURSUANT TO THE
PROVISIONS OF THIS SECTION 8.9 AND AFTER RECEIPT OF SABINE'S NOTICE IN RESPECT
THEREOF, CUSTOMER SHALL REIMBURSE SABINE FOR ANY AND ALL REASONABLE AND ACTUAL
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damages its incurs as a result thereof, including amounts SABINE becomes
contractually obligated to pay as demurrage or