requested in writing in advance to enable Customer to evaluate the status and
progress of construction, testing and operational start-up of the Sabine Pass
Facility.
ARTICLE 7
SABINE PASS FACILITY
7.1
SABINE PASS FACILITY
(A)
STANDARD OF OPERATION.
BY THE COMMERCIAL
START DATE, SABINE SHALL CAUSE THE SABINE PASS FACILITY TO BE CONSTRUCTED AND
COMMISSIONED SO AS TO ACHIEVE COMMERCIAL OPERATIONS COMPLETION.
ON AND AFTER
THE COMMERCIAL START DATE, SABINE SHALL AT ALL TIMES PROVIDE, MAINTAIN AND
OPERATE (OR CAUSE TO BE PROVIDED, MAINTAINED AND OPERATED) THE SABINE PASS
FACILITY IN ACCORDANCE WITH THE FOLLOWING: (I) INTERNATIONAL LNG TERMINAL
STANDARDS; AND (II) TO THE EXTENT NOT INCONSISTENT WITH INTERNATIONAL LNG
TERMINAL STANDARDS, SUCH GOOD AND PRUDENT PRACTICES AS ARE GENERALLY FOLLOWED IN
THE LNG INDUSTRY BY REASONABLE AND PRUDENT OPERATORS OF LNG RECEIVING AND
REGASIFICATION TERMINALS.
(B)
FACILITIES TO BE PROVIDED.
SUBJECT TO
SECTION 7.1(A), THE SABINE PASS FACILITY SHALL INCLUDE THE FOLLOWING:
(I)
APPROPRIATE SYSTEMS FOR COMMUNICATIONS
WITH LNG VESSELS;
24
(II)
TWO UNLOADING BERTHS, EACH CAPABLE OF
BERTHING AN LNG VESSEL HAVING A DISPLACEMENT OF NO MORE THAN 166,600 TONNES, AN
OVERALL LENGTH OF NO MORE THAN 1,140 FEET, A BEAM OF NO MORE THAN 175 FEET, AND
A DRAFT OF NO MORE THAN 40 FEET, WHICH LNG VESSELS CAN SAFELY REACH, FULLY
LADEN, AND SAFELY DEPART, AND AT WHICH LNG VESSELS CAN LIE SAFELY BERTHED AND
UNLOAD SAFELY AFLOAT.
(III)
LIGHTING SUFFICIENT TO PERMIT UNLOADING
OPERATIONS BY DAY OR BY NIGHT, TO THE EXTENT PERMITTED BY GOVERNMENTAL
AUTHORITIES AND PILOTS (IT BEING ACKNOWLEDGED, HOWEVER, THAT SABINE SHALL IN NO
EVENT BE OBLIGATED TO ALLOW NIGHTTIME BERTHING OPERATIONS AT THE SABINE PASS
FACILITY IF SABINE DETERMINES, ACTING AS A REASONABLE AND PRUDENT OPERATOR, THAT
SUCH OPERATIONS DURING NIGHTTIME HOURS COULD POSE SAFETY RISKS TO THE SABINE
PASS FACILITY, AN LNG VESSEL, OR A THIRD PARTY);
(IV)
UNLOADING FACILITIES CAPABLE OF RECEIVING LNG
AT A RATE OF UP TO AN AVERAGE OF 12,000 CUBIC METERS PER HOUR WHEN THE PRESSURE
AT THE RECEIPT POINT IS AT LEAST 5.6 BARS (GAUGE), WITH THREE (3) UNLOADING ARMS
EACH HAVING A REASONABLE OPERATING ENVELOPE TO ALLOW FOR SHIP MOVEMENT AND
MANIFOLD STRAINERS OF SIXTY (60) MESH;
(V)
A VAPOR RETURN LINE SYSTEM OF SUFFICIENT
CAPACITY TO TRANSFER TO AN LNG VESSEL QUANTITIES OF GAS NECESSARY FOR THE SAFE
UNLOADING OF LNG AT REQUIRED RATES, PRESSURES AND TEMPERATURES;
(VI)
FACILITIES ALLOWING INGRESS AND EGRESS BETWEEN
THE SABINE PASS FACILITY AND THE LNG VESSEL BY (X) REPRESENTATIVES OF
GOVERNMENTAL AUTHORITIES FOR PURPOSES OF UNLOADING OPERATIONS; AND (Y) AN
INDEPENDENT SURVEYOR FOR PURPOSES OF CONDUCTING TESTS AND MEASUREMENTS OF LNG ON
BOARD THE LNG VESSEL IN ACCORDANCE WITH ANNEX I;
(VII)
LNG STORAGE FACILITIES WITH A TOTAL GROSS
CAPACITY OF AT LEAST FOUR HUNDRED EIGHTY THOUSAND (480,000) CUBIC METERS OF LNG;
AND
(VIII)
LNG REGASIFICATION FACILITIES WITH A TOTAL DAILY
CAPACITY OF UP TO 2,730,000 MMBTUS.
(C)
EXPANSION.
SABINE SHALL HAVE THE RIGHT,
BUT NOT THE OBLIGATION, TO FROM TIME TO TIME EXPAND THE