SERVICES TO CUSTOMER ON THE BASIS SET FORTH IN THIS AGREEMENT; AND (Z) SUCH
MODIFICATIONS DO NOT OTHERWISE CONFLICT WITH SABINE'S OBLIGATIONS UNDER THIS
AGREEMENT.
NOTWITHSTANDING THE FOREGOING, SABINE MAY MODIFY THE SABINE PASS
FACILITY IN A MANNER THAT WOULD RENDER IT INCOMPATIBLE WITH AN LNG VESSEL
PROVIDED THAT:
(I)
SUCH MODIFICATION IS MADE PURSUANT TO A CHANGE IN
INTERNATIONAL LNG TERMINAL STANDARDS; OR
(II)
THE LNG VESSEL IS CAPABLE OF BEING MODIFIED, AND SUCH
MODIFICATION IS MINOR IN NATURE, TO MAINTAIN COMPATIBILITY WITH BOTH THE SABINE
PASS FACILITY AND OTHER TERMINALS IN ITS NORMAL/INTENDED TRADE AND SABINE
REIMBURSES CUSTOMER FOR THE REASONABLE ACTUAL COSTS INCURRED BY CUSTOMER IN
CAUSING TRANSPORTER TO MODIFY THE LNG VESSEL TO MAINTAIN COMPATIBILITY WITH THE
SABINE PASS FACILITY AS SO MODIFIED; PROVIDED, FURTHER, THAT CUSTOMER SHALL USE
ITS BEST EFFORTS TO MINIMIZE COSTS TO BE BORNE BY SABINE HEREUNDER, SHALL NOTIFY
SABINE REASONABLY IN ADVANCE OF THE NATURE AND EXPECTED COST OF ALL SUCH LNG
VESSEL MODIFICATIONS BY TRANSPORTER, AND SHALL CERTIFY TO SABINE THE ACTUAL
AMOUNT AND DETAIL OF ALL COSTS INCURRED FOR WHICH SUCH REIMBURSEMENT FROM SABINE
IS REQUESTED.
7.3
Customer Inspection Rights
Upon obtaining SABINE's prior written consent, which consent shall not be
unreasonably withheld or delayed, a reasonable number of Customer's designated
representatives (including LNG Suppliers) may from time to time (including
during the period of initial construction) inspect the operation of the Sabine
Pass Facility so long as such inspection occurs from 8:00 a.m. Central Time to
5:00 p.m. Central Time 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 Sabine Pass Facility.
Customer's right to inspect
and examine the Sabine Pass Facility shall be limited to verifying SABINE's
compliance with SABINE's obligations under this Agreement and shall not entitle
Customer to make direct requests to SABINE regarding any aspect of the Sabine
Pass Facility.
No inspection (or lack thereof) of the Sabine Pass Facility by
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Customer hereunder, or any requests or observations made to SABINE or its
representatives by or on behalf of Customer in connection with any such
inspection, shall (a) modify or amend SABINE'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 SABINE's obligations under this Agreement.
ARTICLE 8
TRANSPORTATION AND UNLOADING
8.1
LNG Vessels
(A)
CUSTOMER TO CAUSE LNG VESSELS TO COMPLY.
CUSTOMER SHALL BE RESPONSIBLE FOR THE TRANSPORTATION OF LNG FROM THE LOADING
PORT TO THE RECEIPT POINT.
IN THIS REGARD, CUSTOMER SHALL CAUSE EACH LNG VESSEL
TO COMPLY WITH THE REQUIREMENTS OF THIS ARTICLE 8 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