THE NEXT MONTHLY STATEMENT, THEN SABINE AGREES TO PAY ANY SUCH
EXCESS AMOUNT TO CUSTOMER WITHIN FIVE (5) BUSINESS DAYS AFTER DELIVERY OF SUCH
MONTHLY STATEMENT.
3.5
SERVICES PROVIDED TO OTHER CUSTOMERS
(A)
IDENTITY OF OTHER CUSTOMERS.
SUBJECT TO
ANY OBLIGATIONS OF CONFIDENTIALITY, SABINE SHALL INFORM CUSTOMER OF THE IDENTITY
OF ALL OTHER CUSTOMERS WHO HAVE SIGNED TERMINAL USE AGREEMENTS WITH SABINE.
(B)
TERMINAL USE AGREEMENTS WITH OTHER
CUSTOMERS.
IN ITS NEGOTIATION OF TERMINAL USE AGREEMENTS WITH OTHER CUSTOMERS,
SABINE SHALL USE REASONABLE EFFORTS TO INCLUDE SHIPPING AND OPERATIONAL
PROVISIONS THAT ARE CONSISTENT IN ALL MATERIAL RESPECTS WITH THE PROVISIONS IN
ARTICLE 7, ARTICLE 8, ARTICLE 9, AND ARTICLE 10 HEREIN.
3.6
SABINE PASS SERVICES MANUAL
SABINE AND CUSTOMER SHALL DISCUSS IN GOOD FAITH WITH THE OBJECTIVE OF DEVELOPING
A SERVICES MANUAL APPLICABLE TO CUSTOMER THAT CONTAINS DETAILED IMPLEMENTATION
PROCEDURES NECESSARY FOR PERFORMANCE OF THIS AGREEMENT WITH REGARD TO THE
MATTERS SET FORTH IN EXHIBIT B (BUT EXCLUDING THE MATTERS GOVERNED BY THE SABINE
PASS MARINE OPERATIONS MANUAL).
IN DEVELOPING SUCH A MANUAL, SABINE SHALL
PROVIDE CUSTOMER AT LEAST EIGHTEEN (18) MONTHS PRIOR TO THE COMMERCIAL START
DATE, A DRAFT OF THE SERVICES MANUAL (THE "PRELIMINARY SERVICES MANUAL") WHICH
SHALL BE CONSISTENT, TO THE MAXIMUM EXTENT POSSIBLE, WITH INTERNATIONAL LNG
TERMINAL STANDARDS AND, 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.
IF CUSTOMER DESIRES TO CONSULT WITH SABINE REGARDING
THE CONTENTS OF THE PRELIMINARY SERVICES MANUAL, CUSTOMER SHALL, NO LATER THAN
12
SIXTY (60) DAYS FROM DELIVERY OF SAID MANUAL BY SABINE, REQUEST TO MEET WITH
SABINE BY PROVIDING NOTICE THEREOF TO SABINE, AND SABINE SHALL, NO LATER THAN
THIRTY (30) DAYS AFTER RECEIPT OF SUCH NOTICE, MEET WITH CUSTOMER TO DISCUSS
SAID MANUAL.
SABINE SHALL NOT UNREASONABLY PROPOSE TERMS AND CONDITIONS FOR THE
PRELIMINARY SERVICES MANUAL, AND CUSTOMER SHALL NOT UNREASONABLY WITHHOLD OR
DELAY ITS AGREEMENT TO THE PRELIMINARY SERVICES MANUAL.
IF (A) CUSTOMER DOES
NOT SUBMIT THE FOREGOING NOTICE TO SABINE ON A TIMELY BASIS OR (B) CUSTOMER AND
SABINE MEET PURSUANT TO SUCH A NOTICE AND ARE ABLE DURING SUCH MEETING TO AGREE
UPON REVISIONS TO THE DRAFT, THEN SUCH DRAFT, AS SO REVISED (AND AS AMENDED FROM
TIME TO TIME), SHALL CONSTITUTE THE "SABINE PASS SERVICES MANUAL".
IF CUSTOMER
AND SABINE MEET PURSUANT TO THE FOREGOING NOTICE AND ARE UNABLE DURING SUCH
MEETING TO AGREE UPON REVISIONS TO THE PRELIMINARY SERVICES MANUAL TWO HUNDRED
SEVENTY (270) DAYS PRIOR TO THE COMMERCIAL START DATE, THEN THE SUBJECT MATTER
WITH RESPECT TO WHICH THE PARTIES HAVE BEEN UNABLE TO AGREE SHALL BE SUBJECT TO
ARBITRATION IN ACCORDANCE WITH ARTICLE 20.
IN THE EVENT SABINE INTENDS TO AMEND
THE SABINE PASS SERVICES MANUAL, THEN SABINE SHALL FOLLOW THE PROCEDURE SET
FORTH ABOVE IN RELATION TO THE PRELIMINARY SERVICES MANUAL.
SABINE SHALL
DELIVER TO CUSTOMER AND ALL OTHER CUSTOMERS A COPY OF THE