Swapped Cargo Clause Samples

Swapped Cargo an LNG cargo delivered or intended to be delivered to DES Buyer by the Transporter on behalf of Project Co under the DES SPA that is not scheduled for delivery in the FOB ADP or FOB Ninety Day Schedule, as applicable;

Swapped Cargo. 2.2.1 Subject to Paragraph 2.2.2, in respect of each Swapped Cargo that is a Delivered Cargo: (A) Project Co shall pay the Transporter an amount equal to the DES CSP multiplied by Discharge Volume (as each is defined in Clause 11.1.2) in accordance with the provisions of Clause 12; and (B) Project Co shall have no obligation to pay a Transport Fee in respect of such cargo. 2.2.2 In respect of each Swapped Cargo (i) that is a Delivered Cargo from Production Facility located outside North America; and (ii) in relation to which Project Co incurs payment liability under Section 3.2.2(b) of the DES SPA, Transporter shall reimburse Project Co for any amounts paid by Project Co under Section 3.2.2(b) of the DES SPA as evidenced pursuant to invoices issued under Section 10.1.1 of the DES SPA.

Swapped Cargo an LNG cargo, where title to such cargo is transferred or is intended to be transferred to Project Co by Transporter for onward title transfer to DES Buyer by Project Co under the DES SPA that is (a) not scheduled for delivery in the FOB ADP or FOB Ninety Day Schedule, as applicable; and/or (b) in respect of which Transporter has title to and liability for all risks immediately prior to the transfer of title to Project Co. To avoid doubt, an LNG cargo that was designated as a Diverted Cargo in the FOB ADP or FOB Ninety Day Schedule may subsequently be utilised by Transporter as a Swapped Cargo;