CHANGE REQUEST.
UPON ACCEPTING A CUSTOMER ARRIVAL DATE CHANGE
REQUEST, SABINE SHALL NOTIFY CUSTOMER VIA THE SABINE PASS WEBSITE (OR VIA AN
ALTERNATIVE ELECTRONIC MEANS OF TRANSMITTING WRITTEN COMMUNICATIONS IF THE
SABINE PASS WEBSITE IS UNAVAILABLE).
NOTWITHSTANDING ANYTHING HEREIN TO THE
CONTRARY, CUSTOMER SHALL USE ITS REASONABLE EFFORTS TO KEEP TO A MINIMUM THE
NUMBER OF CUSTOMER ARRIVAL DATE CHANGE REQUESTS IT SUBMITS TO SABINE.
(D)
OTHER MODIFICATIONS TO THE FINAL SCHEDULES.
IF
CUSTOMER IS
UNABLE TO BERTH DURING ITS SCHEDULED ARRIVAL DATE
DUE TO A
FORCE MAJEURE EVENT (AN "UNLOADING SERVICES UNAVAILABILITY"), EACH AFFECTED
SCHEDULED ARRIVAL DATE ALLOCATED TO CUSTOMER DURING SUCH PERIOD SHALL BE
CANCELLED, TO THE EXTENT AFFECTED; PROVIDED,
16
HOWEVER, THAT IN THE EVENT OF AN UNLOADING SERVICES UNAVAILABILITY CAUSING THE
CANCELLATION OF ONE OR MORE SCHEDULED ARRIVAL DATES ALLOCATED TO CUSTOMER AND/OR
OTHER CUSTOMERS, SABINE SHALL MAKE REASONABLE EFFORTS TO CHANGE THE THREE MONTH
UNLOADING SCHEDULE AND OTHER CUSTOMERS LNG ANNUAL DELIVERY PROGRAM IN ORDER TO
MAXIMIZE THE SAFE, RELIABLE AND EFFICIENT USAGE OF THE SABINE PASS FACILITY AND
TO ASSIST CUSTOMER AND OTHER CUSTOMERS TO UNLOAD QUANTITIES OF LNG WHICH WOULD
OTHERWISE HAVE BEEN UNLOADED AT THE SABINE PASS FACILITY DURING SUCH CANCELLED
SCHEDULED ARRIVAL DATES.
5.3
Gas Delivery
(A)
PRELIMINARY NOMINATION SCHEDULE.
NOT LATER
THAN THE FIFTEENTH (15TH) DAY OF EACH MONTH, COMMENCING THE MONTH IMMEDIATELY
PRIOR TO THE COMMERCIAL START DATE, SCHEDULING REPRESENTATIVE SHALL PROVIDE TO
SABINE A NONBINDING NOMINATION SCHEDULE ("PRELIMINARY NOMINATION SCHEDULE") THAT
SETS FORTH, FOR EACH DAY OF THE SUCCEEDING MONTH, THE QUANTITIES OF GAS CUSTOMER
EXPECTS TO NOMINATE FOR REDELIVERY FOR ITS ACCOUNT AT THE DELIVERY POINT.
(B)
DAILY NOMINATION SCHEDULE.
EACH DAY BY NO
LATER THAN 9:00 A.M. CENTRAL TIME CUSTOMER SHALL HAVE THE RIGHT TO NOTIFY SABINE
OF ITS ACTUAL NOMINATION OF THE QUANTITIES OF GAS TO BE REDELIVERED FOR ITS
ACCOUNT AT THE DELIVERY POINT ON THE FOLLOWING DAY UP TO THE LESSER OF THE GAS
REDELIVERY RATE OR THE REMAINING QUANTITY OF CUSTOMER'S INVENTORY AND SABINE
SHALL BE OBLIGATED TO REDELIVER SUCH QUANTITIES TO CUSTOMER IN ACCORDANCE WITH
ITS NOMINATION.
ANY NOMINATION SUBMITTED BY CUSTOMER'S SCHEDULING
REPRESENTATIVE IN ACCORDANCE WITH THE FOREGOING PROVISION SHALL REMAIN IN EFFECT
UNTIL CHANGED BY IT IN ACCORDANCE WITH SUCH PROVISION.
SABINE SHALL COOPERATE
WITH CUSTOMER IN RESPECT TO THE SCHEDULING OF GAS ON AN INTRADAY BASIS UNLESS
SUCH NOMINATIONS WOULD ADVERSELY AFFECT THE OPERATIONS OF THE SABINE PASS
FACILITY OR THE RIGHTS OF ANY OTHER CUSTOMER TO SEND OUT GAS PURSUANT TO
PREVIOUS NOMINATIONS.
(C)
SPARE VAPORIZATION.
SABINE SHALL MAKE
AVAILABLE TO CUSTOMER AND OTHER CUSTOMERS SPARE VAPORIZATION (EQUIVALENT TO
APPROXIMATELY 180,000 MMBTUS PER DAY) ON A PRO RATA BASIS BASED ON THE MAXIMUM
LNG RECEPTION QUANTITY PER DAY PRORATED OF CUSTOMER AND THE MAXIMUM LNG
RECEPTION QUANTITY PER DAY PRORATED OF EACH OTHER CUSTOMER.
TERMINAL USE
AGREEMENTS (IN EXCESS OF THREE (3) MONTHS) FOR SALES OF SERVICES BY SABINE SHALL
IN NO EVENT BURDEN ONE (1) LNG VAPORIZER (EXCLUDING ONE (1) SPARE VAPORIZER HELD
IN RESERVE)