TO THE ANNUAL DELIVERY PROGRAM DESCRIBED IN SECTION
5.1(F) CUSTOMIZED FOR EACH SUCH OTHER CUSTOMER (SUCH SCHEDULES REFERRED TO AS
"OTHER CUSTOMERS' ANNUAL DELIVERY PROGRAM").
(H)
ADJUSTMENT TO SCHEDULES.
UPON WRITTEN
REQUEST BY CUSTOMER, SABINE SHALL USE REASONABLE EFFORTS TO MODIFY THE TIME
PERIODS EXPRESSLY SET FORTH IN SECTIONS 5.1(B) AND 5.1(D) TO ALLOW CUSTOMER TO
INTERFACE THESE PERIODS WITH CORRESPONDING TIME PERIODS FOR SCHEDULING AGREED
UPON BY CUSTOMER AND ITS LNG SUPPLIERS.
FOR PURPOSES OF THIS SECTION 5.1,
SABINE SHALL BE DEEMED TO HAVE USED REASONABLE EFFORTS IF SABINE REJECTS
CUSTOMER'S REQUEST BECAUSE IT DETERMINES, ACTING AS A REASONABLE AND PRUDENT
OPERATOR THAT ANY SUCH MODIFICATION WOULD INFRINGE ON THE CONTRACTUAL RIGHTS OF
OTHER CUSTOMERS.
(I)
AVAILABLE UNLOADING DATES.
THROUGHOUT
THE CONTRACT YEAR, SABINE SHALL MAINTAIN ON THE SABINE PASS WEBSITE (OR VIA AN
ALTERNATIVE ELECTRONIC MEANS OF TRANSMITTING WRITTEN COMMUNICATIONS IF THE
SABINE PASS WEBSITE IS UNAVAILABLE) A CURRENT LIST OF AVAILABLE UNLOADING DATES.
15
5.2
Three Month Schedules
(A)
PROPOSED SCHEDULES.
NOT LATER THAN THE
FIRST (1ST) DAY OF EACH MONTH IN A CONTRACT YEAR, CUSTOMER SHALL DELIVER THE
FOLLOWING TO SABINE: A PROPOSED THREE-MONTH FORWARD PLAN OF DELIVERY OF LNG
("PROPOSED THREE MONTH UNLOADING SCHEDULE"), WHICH FOLLOWS THE ANNUAL DELIVERY
PROGRAM AS NEARLY AS PRACTICABLE AND SETS FORTH BY VOYAGES AND THE PROJECTED
DATES THEREOF THE PATTERN OF SHIPMENTS FORECAST FOR EACH OF THE NEXT THREE (3)
MONTHS AND THE EXPECTED RECEIPT QUANTITY OF EACH SUCH SHIPMENT.
(B)
THREE MONTH UNLOADING SCHEDULES. THEREAFTER,
AND NOT LATER THAN THE TWENTIETH (20TH) DAY OF EACH MONTH IN WHICH A PROPOSED
THREE MONTH UNLOADING SCHEDULE IS DELIVERED, SABINE SHALL DELIVER THE FOLLOWING
TO CUSTOMER: A FINAL THREE-MONTH FORWARD PLAN OF DELIVERY OF LNG ("THREE MONTH
UNLOADING SCHEDULE"), WHICH SHALL SUPERSEDE CUSTOMER'S PROPOSED THREE MONTH
UNLOADING SCHEDULE AND PRIOR THREE MONTH UNLOADING SCHEDULES AS WELL AS THE
PORTION OF THE ANNUAL DELIVERY PROGRAM COVERING THE SAME TIME PERIODS AND WHICH
SHALL REFLECT TO THE EXTENT OPERATIONALLY PRACTICABLE CUSTOMER'S PROPOSED THREE
MONTH UNLOADING SCHEDULE.
(C)
CUSTOMER CHANGES TO THE THREE MONTH
UNLOADING
SCHEDULE.
THE PARTIES AGREE AS FOLLOWS:
AT ANY TIME FOLLOWING THE ISSUANCE OF THE ANNUAL DELIVERY PROGRAM AND ANY
APPLICABLE THREE MONTH UNLOADING SCHEDULE, CUSTOMER'S SCHEDULING REPRESENTATIVE
MAY SUBMIT TO SABINE A WRITTEN REQUEST TO CHANGE A SCHEDULED ARRIVAL DATE TO ANY
AVAILABLE UNLOADING DATE (SUCH REQUEST TO CHANGE, A "CUSTOMER ARRIVAL DATE
CHANGE REQUEST").
CUSTOMER UNDERSTANDS THAT: (A) OTHER CUSTOMERS SHALL ALSO
HAVE THE RIGHT TO SUBMIT TO SABINE SIMILAR SCHEDULING REQUESTS (EACH AN "OTHER
CUSTOMER ARRIVAL DATE CHANGE REQUEST"); (B) SABINE SHALL HAVE NO OBLIGATION TO
CONSULT WITH THE SCHEDULING REPRESENTATIVE, CUSTOMER, OR OTHER CUSTOMERS
REGARDING ANY CUSTOMER ARRIVAL DATE CHANGE REQUEST OR OTHER CUSTOMER ARRIVAL
DATE CHANGE REQUEST (COLLECTIVELY, "ARRIVAL DATE CHANGE REQUESTS"); AND (C)
SABINE SHALL ACCEPT ANY ARRIVAL DATE CHANGE REQUEST ON A FIRST-COME,
FIRST-SERVED BASIS AS SOON AS PRACTICAL BUT NOT LATER THAN 5:00 P.M. CENTRAL
TIME OF THE DAY FOLLOWING THE DATE OF RECEIPT BY SABINE OF THE APPLICABLE
ARRIVAL DATE