IN
RELATION TO THE PRELIMINARY MARINE OPERATIONS MANUAL.
SABINE SHALL DELIVER TO
CUSTOMER, AND ALL OTHER CUSTOMERS, A COPY OF THE SABINE PASS MARINE OPERATIONS
MANUAL AND ANY AMENDMENTS THERETO PROMPTLY AFTER THEY HAVE BEEN FINALIZED OR
AMENDED, AS THE CASE MAY BE.
CUSTOMER SHALL COMPLY WITH SUCH SABINE PASS MARINE
OPERATIONS MANUAL IN ALL RESPECTS.
THE PARTIES WILL UNDERTAKE TO DEVELOP A
SABINE PASS MARINE OPERATIONS MANUAL THAT IS CONSISTENT WITH THIS AGREEMENT;
HOWEVER, IN THE EVENT OF A CONFLICT BETWEEN THE TERMS OF THIS AGREEMENT AND THE
SABINE PASS MARINE OPERATIONS MANUAL, THE TERMS OF THIS AGREEMENT SHALL CONTROL.
8.3
LNG VESSEL INSPECTIONS; RIGHT TO REJECT LNG
VESSEL
(A)
INSPECTIONS.
DURING THE TERM, ON PRIOR
REASONABLE NOTICE TO CUSTOMER, SABINE, ACTING AS A REASONABLE AND PRUDENT
OPERATOR, MAY AT ITS SOLE RISK SEND ITS REPRESENTATIVES (INCLUDING AN
INDEPENDENT INTERNATIONALLY RECOGNIZED MARITIME CONSULTANT) TO INSPECT DURING
NORMAL WORKING HOURS ANY LNG VESSEL AS SABINE MAY CONSIDER NECESSARY TO
ASCERTAIN WHETHER THE LNG VESSEL COMPLIES WITH THE PROVISIONS OF THIS
AGREEMENT.
SABINE SHALL BEAR THE COSTS AND EXPENSES IN CONNECTION WITH ANY
INSPECTION CONDUCTED HEREUNDER.
ANY SUCH INSPECTION MAY INCLUDE, AS FAR AS IS
PRACTICABLE HAVING REGARD TO THE LNG VESSEL'S OPERATIONAL SCHEDULE, EXAMINATION
OF THE LNG VESSEL'S HULL, CARGO AND BALLAST TANKS, MACHINERY, BOILERS,
AUXILIARIES AND EQUIPMENT; EXAMINATION OF THE LNG VESSEL'S DECK AND ENGINE
SCRAP/ROUGH AND FAIR COPY/OFFICIAL LOG BOOKS; REVIEW OF RECORDS OF SURVEYS BY
THE LNG VESSEL'S CLASSIFICATION SOCIETY AND RELEVANT GOVERNMENTAL AUTHORITIES;
AND REVIEW OF THE LNG VESSEL'S OPERATING PROCEDURES AND PERFORMANCE OF SURVEYS,
BOTH IN PORT AND AT SEA.
ANY INSPECTION CARRIED OUT PURSUANT TO THIS SECTION
8.3(A): (I) SHALL NOT INTERFERE WITH, OR HINDER, ANY LNG VESSEL'S SAFE AND
EFFICIENT CONSTRUCTION OR OPERATION; AND (II) SHALL NOT ENTITLE SABINE OR ANY OF
ITS REPRESENTATIVES TO MAKE ANY REQUEST OR RECOMMENDATION DIRECTLY TO
TRANSPORTER EXCEPT THROUGH CUSTOMER.
NO INSPECTION (OR LACK THEREOF) OF AN LNG
VESSEL HEREUNDER SHALL (I) MODIFY OR AMEND CUSTOMER'S OBLIGATIONS,
REPRESENTATIONS, WARRANTIES AND COVENANTS UNDER THIS AGREEMENT OR UNDER ANY
AGREEMENT OR INSTRUMENT CONTEMPLATED BY THIS AGREEMENT; OR (II) CONSTITUTE AN
ACCEPTANCE OR WAIVER BY SABINE OF CUSTOMER'S OBLIGATIONS UNDER THIS AGREEMENT.
(B)
RIGHT TO REJECT LNG VESSEL.
SABINE SHALL
HAVE THE RIGHT TO REJECT ANY LNG VESSEL THAT CUSTOMER INTENDS TO USE TO DELIVER
LNG TO THE SABINE PASS FACILITY IF SUCH LNG VESSEL DOES NOT COMPLY MATERIALLY
WITH THE PROVISIONS OF THIS AGREEMENT, PROVIDED THAT:
(I)
NEITHER THE EXERCISE NOR THE
NON-EXERCISE OF SUCH RIGHT SHALL REDUCE THE RESPONSIBILITY OF CUSTOMER TO SABINE
IN RESPECT OF SUCH VESSEL AND HER OPERATION, NOR INCREASE SABINE'S
RESPONSIBILITIES TO CUSTOMER OR THIRD PARTIES FOR THE SAME; AND
30
(II)
CUSTOMER'S OBLIGATIONS UNDER THIS
AGREEMENT SHALL NOT BE EXCUSED OR SUSPENDED BY REASON OF CUSTOMER'S INABILITY
(PURSUANT TO THE FOREGOING) TO USE A VESSEL AS AN LNG VESSEL.
8.4
ADVANCE NOTICES RE LNG VESSEL AND CARGOES
(A)
CHANGE IN EXPECTED RECEIPT QUANTITY.
IF,
SUBSEQUENT TO ISSUING THE NOTICE REQUIRED UNDER SECTION