ANYTHING HEREIN TO THE CONTRARY, CUSTOMER
SHALL USE ITS REASONABLE EFFORTS TO KEEP TO A MINIMUM THE NUMBER OF CHANGE
REQUESTS IT SUBMITS TO SABINE, AND SABINE SHALL USE ITS REASONABLE EFFORTS TO
ACCOMMODATE CUSTOMER'S CHANGE REQUESTS.
(E)
MODIFICATIONS TO CUSTOMER LNG RECEIPT
SCHEDULE DUE TO FORCE MAJEURE.
IF, FOR ANY SCHEDULED UNLOADING WINDOW, SABINE
IS UNABLE, DUE TO FORCE MAJEURE, TO BERTH AND UNLOAD AN LNG VESSEL, EACH
AFFECTED SCHEDULED UNLOADING WINDOW ALLOCATED TO CUSTOMER IN THE CUSTOMER LNG
RECEIPT SCHEDULE DURING SUCH PERIOD OF FORCE MAJEURE SHALL BE CANCELLED.
(F)
ADJUSTMENT TO SCHEDULES.
UPON WRITTEN
REQUEST BY THE CUSTOMER, SABINE SHALL USE REASONABLE EFFORTS TO MODIFY THE TIME
PERIODS EXPRESSLY SET FORTH IN SECTIONS 5.1(A), 5.1(B), 5.1(C), 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(F), 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 RIGHTS OF
OTHER CUSTOMERS.
5.2
GAS DELIVERY PROCEDURE
(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 NOMINATION SCHEDULE (THE "PRELIMINARY NOMINATION SCHEDULE") THAT SETS
FORTH CUSTOMER'S ESTIMATE OF THE GAS REDELIVERY RATE FOR EACH DAY OF THE ENSUING
MONTH, SUCH ESTIMATE TO BE DETERMINED BASED ON THE THEN EXISTING ANNUAL DELIVERY
PROGRAM.
(B)
DAILY RECORDS.
COMMENCING ON THE COMMERCIAL
START DATE, SABINE SHALL, ON EACH DAY BY 7:00 A.M. CENTRAL TIME POST ON THE
SABINE PASS WEBSITE FOR ACCESS BY CUSTOMER CERTAIN DAILY RECORDS (THE "DAILY
RECORDS"), INCLUDING THE FOLLOWING:
(I)
A PROJECTION OF CUSTOMER'S INVENTORY AS
OF 9:00 A.M. CENTRAL TIME ON THE DAY OF THE POSTING OF THE DAILY RECORDS;
(II)
THE EXPECTED TOTAL CAPACITY OF THE SABINE
PASS FACILITY TO VAPORIZE AND DELIVER GAS, AS OF 9:00 A.M. CENTRAL TIME ON THE
DAY FOLLOWING THE POSTING OF THE DAILY RECORDS, DETERMINED BY SABINE AS A
REASONABLE AND PRUDENT OPERATOR ("TOTAL VAPORIZATION CAPACITY"), SUCH CAPACITY
TO BE EXCLUSIVE OF ONE VAPORIZER UNIT WHICH SHALL BE HELD IN RESERVE BY SABINE
SOLELY IN ORDER TO REPLACE A VAPORIZER UNIT THAT IS UNAVAILABLE FOR SERVICE; AND
(III)
THE SUM OF ALL OTHER CUSTOMERS' MAXIMUM GAS
REDELIVERY RATE (OR SIMILAR MAXIMUM DAILY CONTRACTUAL ENTITLEMENT TO RECEIVE GAS
AT THE DELIVERY POINT OTHER THAN EXCESS GAS).
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(C)
PRELIMINARY GAS NOMINATION.
(I)
COMMENCING ON THE DAY BEFORE THE
COMMERCIAL START DATE, THE SCHEDULING REPRESENTATIVE SHALL, BY 7:30 A.M. EACH
DAY, NOTIFY TO SABINE A PRELIMINARY NOMINATION (THE "PRELIMINARY NOMINATION
NOTICE") OF THE QUANTITIES OF GAS (INCLUDING ANY DESIRED SHARE OF EXCESS GAS)
THAT CUSTOMER DESIRES TO BE DELIVERED TO IT AT THE DELIVERY POINT COMMENCING AT
9:00 A.M. ON THE SUBSEQUENT DAY.
(II)
THE QUANTITIES NOMINATED BY THE SCHEDULING
REPRESENTATIVE IN A PRELIMINARY NOMINATION NOTICE SHALL IN NO