SUCH ACTIVITIES ON THE AVAILABILITY OF SERVICES.
SABINE SHALL USE BEST
EFFORTS TO LIMIT THE NUMBER OF DAYS OF ANY PLANNED MAINTENANCE TO OR
MODIFICATIONS OF THE SABINE PASS FACILITY.
(B)
NOTICE OF CUSTOMER LNG RECEIPT SCHEDULE.
NOT LATER THAN ONE HUNDRED TWENTY (120) DAYS PRIOR TO THE BEGINNING OF EACH
CONTRACT YEAR, THE SCHEDULING REPRESENTATIVE SHALL NOTIFY SABINE OF A
PROGRAMMING SCHEDULE FOR THE UNLOADING OF UP TO THE MAXIMUM LNG RECEPTION
QUANTITY OVER THE COURSE OF THE NEXT CONTRACT YEAR, WHICH SCHEDULE SHALL MEET
THE FOLLOWING REQUIREMENTS IN ALL
16
RESPECTS (THE SCHEDULE MEETING SUCH REQUIREMENTS HEREIN REFERRED TO AS THE
"CUSTOMER LNG RECEIPT SCHEDULE"):
(I)
IT SHALL RESULT IN AN LNG DELIVERY
PATTERN WHEREBY DELIVERIES IN ANY GIVEN MONTH DO NOT MATERIALLY EXCEED ONE
TWELFTH (1/12) OF THE MAXIMUM LNG RECEPTION QUANTITY, PROVIDED HOWEVER CUSTOMER
SHALL NOT HAVE THE RIGHT TO UTILIZE BOTH UNLOADING BERTHS SIMULTANEOUSLY;
(II)
IT SHALL TAKE INTO CONSIDERATION THE
PLANNED MAINTENANCE AND MODIFICATION DATES FOR SUCH CONTRACT YEAR FURNISHED TO
CUSTOMER BY SABINE AS SET FORTH IN SECTION 5.1(A);
(III)
IT SHALL SPECIFY FOR EACH UNLOADING WINDOW
FOR A CARGO, THE NAME OF THE LNG VESSEL EXPECTED TO DELIVER LNG TO THE SABINE
PASS FACILITY AND THE CORRESPONDING EXPECTED RECEIPT QUANTITY TO BE DELIVERED.
THE CUSTOMER PROPOSED LNG RECEIPT SCHEDULE SHALL BE BASED ONLY ON THE USAGE OF
LNG VESSELS WHICH CUSTOMER IN GOOD FAITH EXPECTS WILL ACTUALLY DELIVER LNG TO
THE SABINE PASS FACILITY IN RELATION TO A PARTICULAR UNLOADING WINDOW FOR A
CARGO; AND
(IV)
IT SHALL SPECIFY FOR EACH UNLOADING WINDOW FOR
A CARGO, THE ANTICIPATED QUALITY (EXPRESSED IN TERMS OF GROSS HEATING VALUE) OF
THE LNG TO BE DELIVERED AT THE RECEIPT POINT.
SABINE ACKNOWLEDGES THAT, ALTHOUGH OTHER CUSTOMERS MAY SUBMIT SIMILAR NOTICES TO
SABINE REGARDING THE PROGRAMMING SCHEDULE FOR THE UNLOADING OF SUCH OTHER
CUSTOMER'S LNG OVER THE COURSE OF THE NEXT CONTRACT YEAR (THE "OTHER CUSTOMER
LNG RECEIPT SCHEDULES"), THE CUSTOMER LNG RECEIPT SCHEDULE SHALL HAVE PRIORITY
OVER ALL SUCH SCHEDULING NOTICES OF OTHER CUSTOMERS AND SHALL BE BINDING ON
SABINE.
(C)
SABINE NOTICE OF ANNUAL DELIVERY PROGRAM.
SABINE SHALL TAKE INTO CONSIDERATION THE CUSTOMER LNG RECEIPT SCHEDULE AND THE
NOTICES THAT IT RECEIVES FROM OTHER CUSTOMERS REGARDING THE MATTERS PROVIDED FOR
IN SECTION 5.1(B) AND, NOT LATER THAN SIXTY (60) DAYS PRIOR TO THE BEGINNING OF
EACH CONTRACT YEAR, SABINE SHALL ISSUE TO CUSTOMER VIA THE SABINE PASS WEBSITE
(OR VIA AN ALTERNATIVE ELECTRONIC MEANS OF TRANSMITTING WRITTEN COMMUNICATIONS
IF THE SABINE PASS WEBSITE IS UNAVAILABLE) A SCHEDULE (THE "ANNUAL DELIVERY
PROGRAM") FOR SUCH CONTRACT YEAR THAT SHALL SET FORTH (I) THE SCHEDULED
UNLOADING WINDOWS ALLOCATED BY SABINE TO CUSTOMER; AND (II) ALL UNLOADING
WINDOWS NOT PRESENTLY ALLOCATED TO CUSTOMER OR OTHER CUSTOMERS; PROVIDED,
HOWEVER, THAT SABINE SHALL NOT:
(I)
ALLOCATE ANY UNLOADING WINDOW TO ANY
OTHER CUSTOMER UNLESS SUCH OTHER CUSTOMER HAS AGREED TO PAY COMPENSATION, ON A
COMMERCIAL BASIS, TO SABINE FOR LNG TERMINALLING SERVICES IN RELATION TO SUCH
UNLOADING WINDOW; OR
(II)