Common use of Exceptions to Laytime and Demurrage Clause in Contracts

Exceptions to Laytime and Demurrage. (i) Laytime and demurrage shall not run for delay caused by the vessel or by United. (ii) Laytime shall be interrupted or, if Laytime has not commenced, Laytime shall not start, if the delay is caused by Force Majeure. If a Force Majeure occurs after a vessel goes on demurrage and the demurrage is prolonged due to Force Majeure, the demurrage so caused by Force Majeure shall be calculated at one-half of the applicable demurrage rate. (iii) Laytime or demurrage shall not run, and time shall not count, while the vessel is shifting from the anchorage to the berth, or while waiting for tide, pilots or tugs. (iv) Laytime shall not commence if, upon the arrival of the vessel at Egmont Key, the berth is unavailable due to its actual or pending occupancy by another United vessel, unless the prior vessel in the berth was delayed due to the actions or omissions of Tampa Electric. (v) Laytime shall not commence if the vessel arrives at Egmont Key within twenty (20) hours before the beginning of, or during, a Planned Maintenance Period in which Tampa Electric cannot discharge the vessel by the usual means. (vi) If, after giving its Notice of Readiness, the vessel is found not to be ready to discharge, the time lost until the vessel is, in all respects, ready to discharge, shall not count as used laytime or as time on demurrage. (vii) Time used in opening the vessel’s hatches before the commencement of discharge and in closing the vessel’s hatches upon the completion of discharge shall not count as used laytime or as time on demurrage. (viii) Stoppages to discharging due to the vessel’s requirements shall not count as used laytime or as time on demurrage. (ix) Delay due to holidays, as set forth in the Big Bend Terminal Rules and Regulations which are annexed as Attachment G, shall not count as used laytime or as time on demurrage.