DELIVERY POINT EXCEEDS 20,000,000 MMBTUS IN A
TWELVE (12) MONTH PERIOD (THE "ADJUSTMENT DATE").
DURING ANY PERIOD OF SERVICES
UNAVAILABILITY AFTER THE ADJUSTMENT DATE, THE FEE SHALL BE REDUCED TO AN AMOUNT
SUFFICIENT TO COMPENSATE SABINE FULLY FOR: (A) PROJECT DEBT; AND (B) THE FOC
COMPONENT.
(C)
MAKE-UP SERVICES.
(I)
IF SOME OR ALL OF THE SERVICES QUANTITY
IS UNAVAILABLE TO CUSTOMER ON ANY DAY AS A RESULT OF AN EVENT THAT CONSTITUTES
FORCE MAJEURE, AS A RESULT OF SABINE'S BREACH OF THIS AGREEMENT OR AS A RESULT
OF SCHEDULED OR UNSCHEDULED MAINTENANCE, AND, AS A RESULT, THE QUANTITY OF
CUSTOMER'S GAS THAT IS DELIVERED BY SABINE HEREUNDER AT THE DELIVERY POINT (OR
THE QUANTITY OF CUSTOMER'S LNG THAT IS RECEIVED AT THE RECEIPT POINT, AS THE
CASE MAY BE) IS LESS THAN THE QUANTITY THAT CUSTOMER SCHEDULED OR WOULD HAVE
SCHEDULED BUT FOR SUCH UNAVAILABILITY OF SERVICES, THEN THE PORTION OF
15
THE SERVICES QUANTITY NOT MADE AVAILABLE SHALL CONSTITUTE THE "MAKE-UP
QUANTITY".
AT ANY TIME THERE IS AN OUTSTANDING BALANCE OF MAKE-UP QUANTITY,
CUSTOMER SHALL HAVE THE RIGHT, WITHIN TWENTY FOUR (24) MONTHS OF SUCH
UNAVAILABILITY OF SERVICES, TO SCHEDULE ANY OF THE SERVICES ABOVE THE SERVICES
QUANTITY TO THE EXTENT OF UNCOMMITTED AVAILABLE CAPACITY OF THE SABINE PASS
FACILITY.
SUCH MAKE-UP QUANTITY MAY BE SCHEDULED FROM TIME TO TIME, EXCEPT
DURING AN EVENT THAT CONSTITUTES FORCE MAJEURE.
CAPACITY SHALL BE DEEMED TO BE
AVAILABLE AND UNCOMMITTED FOR PURPOSES OF THIS SECTION 4.4(C) IF SUCH CAPACITY
IS AVAILABLE AFTER SABINE HAS FULFILLED ANY CONTRACTUAL OBLIGATIONS TO OTHER
CUSTOMERS UNDER FIRM AGREEMENTS IN EXISTENCE AT THE TIME OF THE CIRCUMSTANCES
GIVING RISE TO THE MAKE-UP QUANTITY.
ALL SERVICES RELATED TO THE MAKE-UP
QUANTITY SHALL BE PROVIDED WITHOUT ADDITIONAL COMPENSATION TO SABINE, INCLUDING
THE UNLOADING OF LNG, THE STORAGE OF CUSTOMER'S LNG, AND THE REDELIVERY OF
CUSTOMER'S GAS.
NOTHING HEREIN IS INTENDED TO ALLOW CUSTOMER'S INVENTORY TO
EXCEED 6.0 BILLION STANDARD CUBIC FEET.
(II)
CUSTOMER'S RIGHTS UNDER THIS SECTION
4.4(C) ARE IN ADDITION TO, AND NOT IN LIEU OF, ANY OR ALL OF CUSTOMER'S OTHER
RIGHTS AND REMEDIES UNDER THIS AGREEMENT.
4.5
ADJUSTMENT DURING EXTENSION TERMS
THE FEE FOR THE EXTENSION TERMS SHALL BE THE LESSER OF: (A) THE FEE FOR THE
INITIAL TERM, EXCEPT THAT THE FIXED COMPONENT SHALL BE ADJUSTED FOR INFLATION
BASED ON THE INCREASE IN THE UNITED STATES CONSUMER PRICE INDEX (ALL URBAN
CONSUMERS) FROM A BASIS SET ON JANUARY 1 FOLLOWING THE COMMERCIAL START DATE TO
THE BEGINNING OF SUCH EXTENSION TERM; OR (B) THE PREVAILING MARKET RATE FOR
REGASIFICATION TERMINALS IN THE UNITED STATES OFFERING SIMILAR SERVICES.
ARTICLE 5
SCHEDULING
5.1
CUSTOMER LNG RECEIPT SCHEDULE
(A)
SABINE DELIVERABLES.
NOT LATER THAN ONE
HUNDRED EIGHTY (180) DAYS PRIOR TO THE BEGINNING OF EACH CONTRACT YEAR, SABINE
SHALL PROVIDE TO THE SCHEDULING REPRESENTATIVE A NON-BINDING WRITTEN ASSESSMENT
OF THE DATES OF ANY PLANNED MAINTENANCE TO OR MODIFICATIONS OF THE SABINE PASS
FACILITY FOR SUCH CONTRACT YEAR PURSUANT TO SECTION 16.1 AND THE EXPECTED IMPACT
OF