TO MAINTAIN COMPATIBILITY WITH THE FREEPORT FACILITY AS SO MODIFIED;
PROVIDED, FURTHER, THAT CUSTOMER SHALL USE ITS REASONABLE EFFORTS TO MINIMIZE
COSTS TO BE BORNE BY FLNG HEREUNDER, SHALL NOTIFY FLNG REASONABLY IN ADVANCE OF
THE NATURE AND EXPECTED COST OF ALL SUCH LNG VESSEL MODIFICATIONS BY
TRANSPORTER, AND SHALL CERTIFY TO FLNG THE ACTUAL AMOUNT AND DETAIL OF ALL COSTS
INCURRED FOR WHICH SUCH REIMBURSEMENT FROM FLNG IS REQUESTED.
8.3
CUSTOMER INSPECTION RIGHTS
ON AND AFTER THE COMMERCIAL START DATE AND UPON OBTAINING FLNG'S PRIOR WRITTEN
CONSENT, WHICH CONSENT SHALL NOT BE UNREASONABLY WITHHELD OR DELAYED, A
REASONABLE NUMBER OF CUSTOMER'S DESIGNATED REPRESENTATIVES (INCLUDING LNG
SUPPLIERS AND TEMPORARY CUSTOMERS) MAY FROM TIME TO TIME INSPECT THE OPERATION
OF THE FREEPORT FACILITY SO LONG AS SUCH INSPECTION OCCURS FROM 8:00 A.M. TO
5:00 P.M. ON A BUSINESS DAY.
ANY SUCH INSPECTION SHALL BE AT CUSTOMER'S SOLE
RISK AND EXPENSE.
CUSTOMER (AND ITS DESIGNEES) SHALL CARRY OUT ANY SUCH
INSPECTION WITHOUT ANY INTERFERENCE WITH OR HINDRANCE TO THE SAFE AND EFFICIENT
OPERATION OF THE FREEPORT FACILITY.
CUSTOMER'S RIGHT TO INSPECT AND EXAMINE THE
FREEPORT FACILITY SHALL BE LIMITED TO VERIFYING FLNG'S COMPLIANCE WITH FLNG'S
OBLIGATIONS UNDER THIS AGREEMENT AND SHALL NOT ENTITLE CUSTOMER TO MAKE DIRECT
REQUESTS TO FLNG REGARDING ANY ASPECT OF THE FREEPORT FACILITY.
NO INSPECTION
(OR LACK THEREOF) OF THE FREEPORT FACILITY BY CUSTOMER HEREUNDER, OR ANY
REQUESTS OR OBSERVATIONS MADE TO FLNG OR ITS REPRESENTATIVES BY OR ON BEHALF OF
CUSTOMER IN CONNECTION WITH ANY SUCH INSPECTION, SHALL (A) MODIFY OR AMEND
FLNG'S OBLIGATIONS, REPRESENTATIONS, WARRANTIES AND COVENANTS UNDER THIS
AGREEMENT OR UNDER ANY AGREEMENT OR INSTRUMENT CONTEMPLATED BY THIS AGREEMENT;
OR (B) CONSTITUTE AN ACCEPTANCE OR WAIVER BY CUSTOMER OF FLNG'S OBLIGATIONS
UNDER THIS AGREEMENT.
35
ARTICLE 9
TRANSPORTATION AND UNLOADING
9.1
LNG VESSELS
(a)
Customer to Cause LNG Vessels to Comply.
As between Customer and
FLNG, Customer shall be responsible for the transportation of LNG from the
Loading Port to the Freeport Facility.
In this regard, Customer shall cause
each LNG Vessel to comply with the requirements of this Article 9 in all
respects.
(b)
Approvals and Documentation.
Each LNG Vessel shall comply with
the regulations of, and obtain all Approvals required by, Governmental
Authorities to enable such LNG Vessel to enter, leave and carry out all required
operations at the Freeport Facility.
Each LNG Vessel shall at all times have on
board valid documentation satisfactory to FLNG evidencing all such Approvals.
Each LNG Vessel shall comply fully with the International Safety Management Code
for the Safe Operation of Ships and Pollution Prevention effective July 1, 1998,
and at all times be in possession of a valid safety management certificate.
(c)
Fireboats, Escort Vessels and Port Charges.
Customer shall
arrange for, or cause the appropriate Person to arrange for, such number and
types of fireboats and escort vessels as are required by Governmental
Authorities to attend the LNG Vessel so as to permit safe and efficient movement
of the LNG Vessel within the maritime