(each such partial assignment referred to herein as a "Temporary
Release").
Customer shall have the right to have occurring at any given time up
to *** Temporary Release for each *** MMBTUs of Maximum LNG Reception Quantity.
(b)
Conditions.
A Temporary Release shall be subject to the following
conditions:
(I)
NOTICE AND CONSENT.
NO TEMPORARY RELEASE SHALL BE PERMITTED, OR
SHALL BECOME EFFECTIVE, UNLESS AND UNTIL:
A.
THE PROPOSED TEMPORARY RELEASE IS CONSISTENT WITH THE TERMS AND
CONDITIONS OF THIS AGREEMENT;
B.
THE SERVICES QUANTITY THAT CUSTOMER SEEKS TO ASSIGN BY WAY OF A
PROPOSED TEMPORARY RELEASE INCLUDES ONLY SCHEDULED UNLOADING WINDOWS UNDER THE
CUSTOMER LNG RECEIPT SCHEDULE;
C.
CUSTOMER HAS (X) DELIVERED TO FLNG A WRITTEN NOTICE IN THE FORM
SET FORTH IN THE FREEPORT SERVICES MANUAL (A "RELEASE NOTICE") DISCLOSING IN
SUFFICIENT DETAIL THE TERMS AND CONDITIONS OF THE
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PROPOSED TEMPORARY RELEASE RELEVANT TO THE SERVICES QUANTITY FOR FLNG TO BE ABLE
TO CARRY OUT ITS OBLIGATIONS UNDER THIS ARTICLE 6, INCLUDING THE PROPOSED
EFFECTIVE DATE AND EXPIRATION DATE OF THE TEMPORARY RELEASE BUT EXCLUDING ANY
SENSITIVE PRICING INFORMATION RELATED THERETO, AND (Y) FURNISHED TO FLNG ALL
INFORMATION REASONABLY REQUESTED BY FLNG WITH RESPECT TO SUCH TEMPORARY RELEASE
TO THE EXTENT NECESSARY FOR FLNG TO CARRY OUT ITS OBLIGATIONS UNDER THIS
AGREEMENT; AND
D.
EXCEPT AS OTHERWISE PROVIDED BELOW, FLNG HAS CONSENTED TO THE
TEMPORARY RELEASE BY EXECUTING THE RELEASE NOTICE, SUCH CONSENT NOT TO BE
UNREASONABLY WITHHELD OR DELAYED; PROVIDED, HOWEVER, THAT A TEMPORARY RELEASE TO
AN AFFILIATE OF CUSTOMER OR AN LNG SUPPLY PROJECT THAT COMPLIES IN ALL RESPECTS
WITH THE PROVISIONS OF SECTIONS 6.2(B)(I)A THROUGH 6.2(B)(I)C SHALL NOT REQUIRE
THE CONSENT OF FLNG.
(II)
TEMPORARY RELEASES FOR SUBSEQUENT SCHEDULING PERIODS.
NOTWITHSTANDING THE REQUIREMENT IN SECTION 6.2(A) THAT A PROPOSED TEMPORARY
RELEASE RELATE TO THE THEN EXISTING SCHEDULING PERIOD, IN ORDER TO ASSIST
CUSTOMER IN ITS LONG-TERM BUSINESS PLANNING, CUSTOMER SHALL BE ENTITLED TO
SUBMIT TO FLNG FROM TIME TO TIME TEMPORARY RELEASES FOR SUBSEQUENT SCHEDULING
PERIODS.
SUBJECT TO THE SAME CONSENT RIGHTS (IF ANY) SET FORTH IN
SECTION 6.2(B)(I)D, FLNG SHALL EXECUTE A RELEASE NOTICE FOR SUCH TEMPORARY
RELEASE FOR A SUBSEQUENT SCHEDULING PERIOD.
(III)
AUTHORIZATION.
FOLLOWING THE EXECUTION BY FLNG OF THE RELEASE
NOTICE, FLNG SHALL BE AUTHORIZED TO PERFORM THE SPECIFIED PORTION OF THE
SERVICES QUANTITY FOR TEMPORARY CUSTOMER, SUBJECT TO THE PROVISIONS OF THIS
AGREEMENT.
IN RELATION TO A TEMPORARY RELEASE, TEMPORARY CUSTOMER SHALL BE
FULLY AUTHORIZED TO ACT ON BEHALF OF CUSTOMER, AND FLNG SHALL BE ENTITLED TO
RELY ON THE NOMINATIONS, NOTICES AND OTHER SUBMISSIONS COMMUNICATED TO FLNG BY
THE TEMPORARY CUSTOMER IN RELATION TO THE TEMPORARY RELEASE AS IF SUCH
NOMINATIONS, NOTICES AND OTHER SUBMISSIONS HAD BEEN MADE BY CUSTOMER ITSELF.
IN
THE EVENT OF A CONFLICT BETWEEN THE TERMS OF THE NOMINATIONS, NOTICES AND OTHER
SUBMISSIONS ISSUED BY THE TEMPORARY CUSTOMER IN RELATION TO THE TEMPORARY
RELEASE AND THOSE ISSUED BY CUSTOMER, THE TERMS ISSUED BY CUSTOMER SHALL
CONTROL.
(IV)
NO EFFECT ON ***.
FOR THE