Adjustments to Laytime. In the event that the loading of any tanker is delayed, directly or indirectly, for any of the following reasons, whether occurring prior to, during, or after the berthing or commencement of loading of the tanker: (a) regulations or decisions of Buyer, or of the owner or operator of the tanker, prohibiting or restricting loading at any time; (b) lightering at Buyer's request; (c) delay or suspension in loading due to failure of Buyer to comply with any provision of the Agreement, including, without limitation, the failure of Buyer to provide and notify Seller of any letter of credit pursuant to Article 11.4 or Article 11.5; (d) more than one stoppage in loading as a result of Buyer's instructions as to distribution of the Maya in the tanker; (e) discharge of ballast or slops; (f) the condition or facilities of the tanker, or any other reason attributable to or within the reasonable control of Buyer or the tanker; (g) regulations of the Loading Port operator, port authorities or the Government of Mexico or any political subdivision or agency thereof, including, but not limited to, regulations or decisions closing the Loading Port, prohibiting night traffic or berth maneuvering or prohibiting or restricting loading for any reason; (h) customs or customs clearance procedures, or time required in order to be granted free pratique; (i) inspection, gauging and measurement of tanks or valves before, during and after loading; (j) maneuvering of tanker from anchorage until all fast at the loading point, beginning with the earlier of pilot on board or anchor aweigh; (k) bad weather, rough seas, fires or explosions; or (l) any of the events listed in Article 16.6 and not specifically listed above, or any other event of force majeure; then the amount of time during which the loading of such tanker is so delayed shall not count as laytime, except that, in the case of (i) above, one half the amount of time during which the loading of such tanker is so delayed shall not count as laytime.
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Sources: Maya Crude Oil Sales Agreement (Neches River Holding Corp)
Adjustments to Laytime. In the event that the loading of any tanker is delayed, directly or indirectly, for any of the following reasons, whether occurring prior to, during, during or after the berthing or commencement of loading of the tanker:
(a) regulations or decisions of Buyer, or of the owner or operator of the tanker, prohibiting or restricting loading at any time;
(b) lightering at Buyer's ’s request;
(c) delay or suspension in loading due to failure of Buyer to comply with any provision of the Agreement, including, without limitation, the failure of Buyer to provide and notify Seller of any letter of credit pursuant to Article 11.4 or Article 11.5;
(d) more than one stoppage in loading as a result of Buyer's ’s instructions as to distribution of the Maya Oil in the tanker;
(e) discharge of ballast or slops;
(f) the condition or facilities of the tanker, or any other reason attributable to or within the reasonable control of Buyer or the tanker;
(gf) regulations of the Loading Port operator, port authorities or the Government of Mexico Venezuela or any political subdivision or agency thereof, including, but not limited to, regulations or decisions closing the Loading Port, prohibiting night traffic or berth maneuvering or prohibiting or restricting loading for any reason;
(hg) customs or customs clearance procedures, or time required in order to be granted free pratique;
(ih) inspection, gauging and measurement of vessel tanks or valves before, during and after loading;
(ji) maneuvering of tanker from anchorage until all fast at the loading point, beginning with the earlier of pilot on board or anchor aweighweigh;
(kj) bad weather, rough seas, fires or explosions; or
(lk) any of the events listed in Article 16.6 19.1 and not specifically listed above, or any other event of force majeureForce Majeure; then the amount of time during which the loading of such tanker is so delayed shall not count as laytime; provided, except thathowever, that in the case of (i) above, one half the amount of time during which event the loading of such any tanker is so delayed due to bad weather or rough seas, then one-half the period of delay shall not count as laytime. Notwithstanding the foregoing, Seller will make reasonable efforts to berth vessels in their order of arrival in case of delay due to bad weather or Force Majeure.
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