IN SECTION 5.2(B)(II).
1.93
"TRANSPORTER" MEANS ANY PERSON WHO OWNS OR OPERATES
AN LNG VESSEL.
1.94
"UNLOADING WINDOW" MEANS A FORTY-EIGHT (48) HOUR
WINDOW STARTING AT 6:00 A.M. CENTRAL TIME ON A SPECIFIED DAY AND ENDING
FORTY-EIGHT (48) CONSECUTIVE HOURS THEREAFTER DURING WHICH SABINE WOULD MAKE
AVAILABLE BERTHING AND LNG UNLOADING SERVICES AT THE
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SABINE PASS FACILITY TO EITHER CUSTOMER OR ONE OF THE OTHER CUSTOMERS; PROVIDED,
HOWEVER, THAT IF AN LNG VESSEL BERTHS ON THE SECOND DAY OF THE SCHEDULED
UNLOADING WINDOW, THEN THE FORTY-EIGHT (48) HOUR WINDOW SHALL BE DEEMED EXTENDED
TO COMPLETE UNLOADING IN ACCORDANCE WITH THE TIME RESTRICTIONS IN SECTION
8.9(B).
ARTICLE 2
SERVICES AND SCOPE
2.1
SERVICES TO BE PROVIDED BY SABINE
During the Term and subject to the provisions of this Agreement, SABINE shall,
acting as a Reasonable and Prudent Operator, make available the following
services to Customer (such available services being herein referred to as the
"Services") in the manner set forth in Article 3:
(A)
THE BERTHING OF LNG VESSELS AT THE SABINE
PASS FACILITY;
(B)
THE UNLOADING AND RECEIPT OF LNG FROM LNG
VESSELS AT THE RECEIPT POINT;
(C)
STORAGE OF CUSTOMER'S INVENTORY;
(D)
THE REGASIFYING OF LNG HELD IN STORAGE;
(E)
THE TRANSPORTATION AND DELIVERY OF SUCH
REGASIFIED LNG TO THE DELIVERY POINT (IT BEING ACKNOWLEDGED THAT SABINE MAY, AT
ITS OPTION, CAUSE GAS TO BE REDELIVERED TO CUSTOMER AT THE DELIVERY POINT FROM
SOURCES OTHER THAN REGASIFIED LNG); AND
(F)
OTHER ACTIVITIES DIRECTLY RELATED TO
PERFORMANCE BY SABINE OF THE FOREGOING.
2.2
ADDITIONAL SERVICES
From time to time during the Term, the representatives of SABINE and Customer
may supplement this Agreement in accordance with Section 24.2 to provide that
SABINE will also make available services to Customer in addition to the Services
set forth in Section 2.1.
2.3
ACTIVITIES OUTSIDE SCOPE OF THIS AGREEMENT
FOR GREATER CERTAINTY, THE PARTIES CONFIRM THAT THE FOLLOWING ACTIVITIES, INTER
ALIA, ARE NOT SERVICES PROVIDED BY SABINE TO CUSTOMER AND, THEREFORE, SUCH
ACTIVITIES ARE OUTSIDE OF THE SCOPE OF THIS AGREEMENT:
(A)
HARBOR, MOORING AND ESCORT SERVICES,
INCLUDING THOSE RELATING TO TUGS, SERVICE BOATS, FIRE BOATS, AND OTHER ESCORT
VESSELS;
(B)
THE CONSTRUCTION, OPERATION, OWNERSHIP,
MAINTENANCE, REPAIR AND REMOVAL OF FACILITIES DOWNSTREAM OF THE DELIVERY POINT;
PROVIDED, HOWEVER, THAT SABINE SHALL CONSTRUCT, OR PERMIT THE CONSTRUCTION OF,
SUCH DOWNSTREAM PIPELINE INTERCONNECTIONS AT THE SABINE PASS FACILITY AS
CUSTOMER MAY REASONABLY REQUEST, SUBJECT TO THE FOLLOWING CONDITIONS:
(I)
RECEIPT BY SABINE OF ALL APPROVALS FOR
SUCH CONSTRUCTION AND OPERATION;
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(II)
SUCH CONSTRUCTION AND INTERCONNECTION NOT
IMPAIRING THE OPERATION OF THE SABINE PASS FACILITY OR CAUSING SABINE TO BE IN
BREACH OF ITS CONTRACTUAL OBLIGATIONS TO OTHER CUSTOMERS; AND
(III)
CUSTOMER'S ADVANCING TO SABINE ON A TIMELY
BASIS FUNDS SUFFICIENT TO FUND THE REASONABLE COST OF DESIGN, PERMITTING,
CONSTRUCTION AND OPERATION OF SUCH INTERCONNECTION FACILITIES AS MAY ACTUALLY BE
INCURRED BY SABINE;
PROVIDED, HOWEVER, THAT NOTWITHSTANDING ANYTHING HEREIN TO THE CONTRARY,
CUSTOMER SHALL USE REASONABLE EFFORTS TO KEEP TO A MINIMUM THE