UNDER SUCH CONTRACTS.
BY WAY OF EXAMPLE (BUT WITHOUT IN ANY WAY
LIMITING SABINE'S RIGHT TO EXPAND OR MODIFY THE SABINE PASS FACILITY), IF THE
SABINE PASS FACILITIES' TOTAL LNG REGASIFICATION FACILITIES HAVE A DAILY
CAPACITY (EXCLUDING THE ONE (1) SPARE VAPORIZER HELD IN RESERVE) OF 2,700,000
MMBTUS, THEN THE TOTAL LONG TERM SALES OF GAS VAPORIZATION SERVICES TO CUSTOMER
AND OTHER CUSTOMERS SHALL NOT EXCEED 2,520,000 MMBTUS.
THERE SHALL NOT BE AN
ADDITIONAL CHARGE TO CUSTOMER FOR THE USE OF THE UNCONTRACTED VAPORIZER,
HOWEVER, SUCH USE SHALL NOT INCREASE THE MAXIMUM LNG RECEPTION QUANTITY THAT
CUSTOMER IS ENTITLED TO IN ANY GIVEN PERIOD.
17
(D)
EXCESS OR UNUTILIZED VAPORIZATION CAPACITY.
(I)
TO THE EXTENT SABINE HAS UNCONTRACTED OR
UNUTILIZED VAPORIZATION CAPACITY UP TO ITS OPERATIONAL CAPACITY OF 2,520,000
MMBTUS PER DAY ("EXCESS VAPORIZATION CAPACITY"), SABINE MAY, AT ITS SOLE OPTION,
POST ON THE SABINE PASS WEBSITE THE QUANTITY AND DEGREE OF CERTAINTY OF SUCH
EXCESS VAPORIZATION CAPACITY.
CUSTOMER MAY ELECT TO MAKE USE OF SUCH EXCESS
VAPORIZATION CAPACITY AND SHALL HAVE THE RIGHT TO PURCHASE ALL OR ANY PORTION OF
SUCH EXCESS VAPORIZATION CAPACITY ON A DAILY BASIS PROVIDED, THAT, TO THE EXTENT
THE DEMAND FOR SUCH EXCESS VAPORIZATION CAPACITY EXCEEDS THE QUANTITY AVAILABLE,
CUSTOMER AND OTHER CUSTOMERS SHALL BE ENTITLED TO A PRO RATA SHARE OF EXCESS
VAPORIZATION CAPACITY BASED ON THE MAXIMUM GAS REDELIVERY RATE OF CUSTOMER AND
THE MAXIMUM GAS REDELIVERY RATE OF EACH OTHER CUSTOMER ELECTING TO UTILIZE ANY
SUCH EXCESS VAPORIZATION CAPACITY.
THE FEE FOR SUCH EXCESS VAPORIZATION
CAPACITY SHALL BE A MARKET PRICE TO BE NEGOTIATED BETWEEN SABINE AND CUSTOMER IN
GOOD FAITH BUT IN NO EVENT SHALL SUCH FEE EXCEED THE FEES CALCULATED IN
ACCORDANCE WITH CLAUSE C ON A PER MMBTU OF VAPORIZATION CAPACITY OR EXCEED THE
PRICE THAT IS CURRENTLY BEING PAID BY ANY OTHER CUSTOMER FOR SUCH EXCESS
VAPORIZATION CAPACITY.
(II)
NOTWITHSTANDING ANYTHING TO THE CONTRARY
IN THIS SECTION 5.3(D), NOTHING HEREIN SHALL PREVENT, PRECLUDE, OR HINDER SABINE
IN GOOD FAITH FROM CONTRACTING WITH OTHER CUSTOMERS ON A SPOT OR LONG-TERM BASIS
FOR SERVICES AVAILABLE AT THE SABINE PASS FACILITY EVEN THOUGH THE CONTRACTING
OF SUCH CAPACITY MAY REDUCE OR ELIMINATE THE AVAILABILITY OF EXCESS VAPORIZATION
CAPACITY TO CUSTOMER; PROVIDED, HOWEVER, THAT IF EXCESS VAPORIZATION CAPACITY
HAS BEEN SCHEDULED AND CONFIRMED BY SABINE TO CUSTOMER, THEN SUCH CAPACITY SHALL
BE MADE AVAILABLE TO CUSTOMER ON A FIRM BASIS SUBORDINATE ONLY TO CAPACITY
PREVIOUSLY CONTRACTED TO OTHER CUSTOMERS.
(III)
FOR THE AVOIDANCE OF DOUBT, THE CONTRACTING
OF EXCESS VAPORIZATION CAPACITY IS INTENDED TO BE ON A SHORT-TERM BASIS AND IS
NOT INTENDED AND MAY NOT BE USED AS A MEANS FOR CUSTOMER TO OBTAIN ADDITIONAL
LONG-TERM CAPACITY AT THE SABINE PASS FACILITY.
5.4
Standard
SABINE shall act as a Reasonable and Prudent Operator in performing the
scheduling activities required by this Article 5.
5.5
Scheduling Representative
By no later than six (6) months prior to the Commercial Start Date, Customer
shall appoint an individual to act as Scheduling Representative