PROSPECTIVE AND ACTUAL LNG SUPPLIERS AND TO ANY PROSPECTIVE AND ACTUAL
PURCHASERS UNDER THE CUSTOMER'S GAS SALES CONTRACTS FROM CUSTOMER'S INVENTORY,
IN EACH CASE ONLY TO THE EXTENT REQUIRED FOR THE EXECUTION AND/OR ADMINISTRATION
OF SUCH CONTRACTS, AND PROVIDED THAT SUCH PERSONS AGREE TO HOLD SUCH INFORMATION
OR DOCUMENTS UNDER TERMS OF CONFIDENTIALITY EQUIVALENT TO THIS SECTION 21.1, AND
FOR THE BENEFIT OF THE PARTIES;
(G)
TO ITS AFFILIATES, ITS SHAREHOLDERS AND PARTNERS, OR ITS
SHAREHOLDERS' AND PARTNERS' AFFILIATES, PROVIDED THAT SUCH RECIPIENT ENTITY HAS
A BONA FIDE BUSINESS NEED FOR SUCH INFORMATION AND AGREES TO HOLD SUCH
INFORMATION OR DOCUMENTS UNDER TERMS OF CONFIDENTIALITY EQUIVALENT TO THIS
SECTION 21.1;
(H)
TO ANY GOVERNMENT AUTHORITIES TO THE EXTENT SUCH DISCLOSURE
ASSISTS SABINE AND CUSTOMER IN OBTAINING APPROVALS;
(I)
TO AN EXPERT IN CONNECTION WITH THE RESOLUTION OF A DISPUTE
PURSUANT TO SECTION 20.2 OR TO AN ARBITRATION TRIBUNAL IN CONNECTION WITH THE
RESOLUTION OF A DISPUTE UNDER SECTION 20.1;
(J)
TO THE EXTENT ANY SUCH INFORMATION OR DOCUMENT HAS ENTERED THE
PUBLIC DOMAIN OTHER THAN THROUGH THE FAULT OR NEGLIGENCE OF THE PARTY MAKING THE
DISCLOSURE; AND
(K)
TO OTHER CUSTOMERS BY SABINE ONLY IN ORDER TO ALLOW SABINE TO
PERFORM ITS OBLIGATIONS TO OTHER CUSTOMERS.
Notwithstanding the foregoing, Customer acknowledges and agrees that certain
providers of finance to SABINE as well as SABINE's shareholders and partners may
disclose this Agreement and information or documents disclosed pursuant to this
Section 21.1 if required by any court of law or any law, rule, or regulation, or
if requested by a Governmental Authority having or asserting jurisdiction over
such Persons and having or asserting authority to require such disclosure in
accordance with that authority, or pursuant to the rules of any recognized stock
exchange or agency established in connection therewith.
Customer further agrees
and acknowledges that, at the time Cheniere Energy, Inc. files its quarterly
report in form 10-Q for the third quarter,
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complete copies of this Agreement, with attachments, and any and all related
agreements and material amendments hereto and thereto will be filed by Cheniere
Energy, Inc. with the United States Securities and Exchange Commission as
material agreements or amendments in accordance with applicable securities laws
and regulations.
21.2
PUBLIC ANNOUNCEMENTS
(A)
GENERAL.
NEITHER PARTY MAY ISSUE OR MAKE ANY PUBLIC ANNOUNCEMENT,
PRESS RELEASE OR STATEMENT REGARDING THIS AGREEMENT UNLESS, PRIOR TO THE RELEASE
OF THE PUBLIC ANNOUNCEMENT, PRESS RELEASE OR STATEMENT, SUCH PARTY FURNISHES THE
OTHER PARTY WITH A COPY OF SUCH ANNOUNCEMENT, PRESS RELEASE OR STATEMENT, AND
OBTAINS THE APPROVAL OF THE OTHER PARTY, SUCH APPROVAL NOT TO BE UNREASONABLY
WITHHELD; PROVIDED THAT, NOTWITHSTANDING ANY FAILURE TO OBTAIN SUCH APPROVAL, NO
PARTY SHALL BE PROHIBITED FROM ISSUING OR MAKING ANY SUCH PUBLIC ANNOUNCEMENT,
PRESS RELEASE OR STATEMENT IF IT IS NECESSARY TO DO SO IN ORDER TO COMPLY WITH
THE APPLICABLE LAWS, RULES OR REGULATIONS OF ANY GOVERNMENTAL AUTHORITY, LEGAL
PROCEEDINGS OR STOCK EXCHANGE HAVING JURISDICTION OVER SUCH PARTY.
(B)
SABINE PROMOTIONAL MATERIALS.
NOTWITHSTANDING ANY PROVISION