THOSE OTHER CUSTOMERS WHICH SABINE HAS ELECTED, IN ITS SOLE RIGHT AND OPINION,
TO BE ELIGIBLE TO BE ENTITLED TO SUCH EXCESS GAS CAPACITY.
(g)
Nominations and Scheduling.
(I)
CUSTOMER'S NOMINATION WITH REGARD TO THE
TIMELY NOMINATION CYCLE OF THE QUANTITIES OF GAS (INCLUDING EXCESS GAS) THAT
CUSTOMER DESIRES TO BE DELIVERED TO IT AT THE DELIVERY POINT SHALL BE EQUAL TO
OR LESS THAN THE AMOUNT ALLOCATED TO CUSTOMER PURSUANT TO SECTION 5.2(F).
(II)
SABINE SHALL ALLOCATE THE AMOUNT OF TOTAL
VAPORIZATION CAPACITY ACTUALLY AVAILABLE AS PROVIDED IN SECTION 5.2(F).
(III)
THE PROCESS FOR FINAL NOMINATIONS OF GAS
DELIVERIES HEREUNDER SHALL BE SET FORTH IN THE SABINE PASS SERVICES MANUAL AND
SHALL BE REASONABLY CONSISTENT WITH THE NORTH AMERICAN ENERGY STANDARDS BOARD
WHOLESALE GAS QUADRANT ("NAESB WGQ") STANDARDS AND MODELS RELATING TO
NOMINATIONS, WHICH AS OF THE DATE HEREOF ARE CONTAINED IN NAESB WGQ VERSION 1.7,
STANDARDS 1.3.1 THROUGH 1.3.79, AS SUCH MAY BE AMENDED FROM TIME TO TIME BY
NAESB WGB OR ANY SUCCESSOR ORGANIZATION; PROVIDED THAT THE NAESB WGQ STANDARDS
AND MODELS RELATING TO NOMINATIONS SET FORTH IN THE SABINE PASS SERVICES MANUAL
SHALL BE ADJUSTED BY THE PARTIES CONSISTENT WITH GOOD AND PRUDENT PRACTICES AS
ARE GENERALLY FOLLOWED IN THE LNG INDUSTRY BY REASONABLE AND PRUDENT OPERATORS
OF LNG RECEIVING AND REGASIFICATION TERMINALS.
(IV)
UPON THE RECEIPT OF A NOMINATION FOR GAS
DELIVERY DURING ANY NOMINATION CYCLE AFTER THE PRELIMINARY NOMINATION CYCLE,
SABINE SHALL ALLOCATE THE TOTAL VAPORIZATION CAPACITY IN THE SAME MANNER AS
PROVIDED IN SECTION 5.2(F) ABOVE, EXCEPT THAT ANY CONFIRMED NOMINATION OF EXCESS
GAS SHALL NOT BE INTERRUPTED UNLESS SUCH INTERRUPTION IS NECESSARY TO DELIVER
ANY OTHER CUSTOMER'S DAILY CONTRACTUAL ENTITLEMENT TO RECEIVE GAS AT THE
21
DELIVERY POINT. SABINE SHALL ADVISE CUSTOMER OF THE QUANTITIES OF EXCESS GAS
THAT MAY BE SUBJECT TO BEING INTERRUPTED.
5.3
STANDARD
SABINE SHALL ACT AS A REASONABLE AND PRUDENT OPERATOR IN PERFORMING THE
SCHEDULING ACTIVITIES REQUIRED BY THIS ARTICLE 5.
5.4
SCHEDULING REPRESENTATIVE
BY NO LATER THAN ONE MONTH PRIOR TO THE COMMERCIAL START DATE, CUSTOMER SHALL
APPOINT AN INDIVIDUAL TO ACT AS SCHEDULING REPRESENTATIVE FOR THE PURPOSES OF
THIS ARTICLE 5; PROVIDED, HOWEVER, THAT CUSTOMER SHALL HAVE THE RIGHT TO CHANGE
THE IDENTITY OF THE SCHEDULING REPRESENTATIVE AT ANY TIME BY NOTICE TO SABINE.
UNLESS OTHERWISE STATED HEREIN, CUSTOMER HEREBY AUTHORIZES THE SCHEDULING
REPRESENTATIVE TO DO AND PERFORM ANY AND ALL ACTS FOR AND ON BEHALF OF CUSTOMER
WITH REGARD TO SCHEDULING MATTERS PROVIDED FOR IN THIS ARTICLE 5.
ARTICLE 6
TERM
6.1
TERM
SUBJECT TO THE PROVISIONS OF THIS AGREEMENT, THE TERM OF THIS AGREEMENT (THE
"TERM") SHALL CONSIST OF THE INITIAL TERM AND, IF APPLICABLE, ANY EXTENSION
TERM.
THE INITIAL TERM OF THIS AGREEMENT (THE "INITIAL TERM") SHALL COMMENCE ON
THE EFFECTIVE DATE AND SHALL CONTINUE THEREAFTER UNTIL THE TWENTIETH (20TH)
ANNIVERSARY OF THE COMMERCIAL START DATE.
CUSTOMER SHALL HAVE THE OPTION OF UP
TO SIX (6) ADDITIONAL TEN (10) YEAR EXTENSION TERMS (EACH AN "EXTENSION TERM"),
THE FIRST OF WHICH SHALL