Common use of Laytime Exclusions Clause in Contracts

Laytime Exclusions. Any time consumed due to any of the following events will not be computed as Laytime, or, if in demurrage, as time on demurrage, even if any of such events occur after the expiration of Allowed Laytime (if applicable): (a) time consumed by the Vessel in moving from port or anchorage to the relevant Dock, including waiting for tide, traffic (including any one-way traffic limitations imposed by the Houston Port Authority or other applicable Governmental Authority), mooring, tugs, pilots, survey and inspection or daylight; (b) any delay due to the Vessel’s condition, breakdown, or any other causes attributable to, or for which any Customer Party, the Vessel, or its master or crew is responsible (including incompatibility with or between the Terminal and the Vessel and time consumed in making up connections to remedy such incompatibility, pollution or threat thereof, or any delay in bunkering the Vessel, taking on or discharging ballast water or discharging slops); (c) time consumed for conditioning a Vessel’s tanks or to clear Enterprise’s shore pipelines or hoses of any unlike product for loading operations; (d) any delay in loading due to prohibition of loading at any time by the Vessel, the owner or operator of the Vessel, or by any Governmental Authority, unless such prohibition is caused by Enterprise’s failure to comply with applicable Laws and Regulations; (e) any delays due to the Vessel’s noncompliance with or violation of applicable operating or safety rules and/or regulations, including (i) federal or state laws, (ii) USCG and CBP regulations, (iii) the Port Procedures and other Terminal rules and regulations, (iv) any other Laws and Regulations, or (v) obligations to obtain or maintain required certificates and certifications; (f) any delays awaiting USCG and CBP clearances, other required governmental or port clearances or other local administrative requirements, or free pratique, if applicable; (g) any delay caused by strike, lockout, stoppage or restraint of labor of the master, officer or crew of the Vessel; or (h) any delay caused by conditions not reasonably within Enterprise’s control, including weather, lightning, awaiting tide, Force Majeure, blockage or closure of channels (including blockages or closures due to fog, spills or accidents), maritime security restrictions, or port closures, port congestion, and other port restrictions and conditions, and the effects of any such port events, restrictions or conditions on the Houston Ship Channel, the Terminal and/or berth availability.