OF THE SABINE
PASS FACILITY SO LONG AS SUCH INSPECTION OCCURS FROM 8:00 A.M. CENTRAL TIME TO
5:00 P.M. CENTRAL TIME ON A BUSINESS DAY.
ANY SUCH INSPECTION SHALL BE AT
CUSTOMER'S SOLE RISK AND EXPENSE.
CUSTOMER (AND ITS DESIGNEES) SHALL CARRY OUT
ANY SUCH INSPECTION WITHOUT ANY INTERFERENCE WITH OR HINDRANCE TO THE SAFE AND
EFFICIENT OPERATION OF THE SABINE PASS FACILITY.
CUSTOMER'S RIGHT TO INSPECT
AND EXAMINE THE SABINE PASS FACILITY SHALL BE LIMITED TO VERIFYING SABINE'S
COMPLIANCE WITH SABINE'S OBLIGATIONS UNDER THIS AGREEMENT AND SHALL NOT ENTITLE
CUSTOMER TO MAKE DIRECT REQUESTS TO SABINE REGARDING ANY ASPECT OF THE SABINE
PASS FACILITY.
NO INSPECTION (OR LACK THEREOF) OF THE SABINE PASS FACILITY BY
CUSTOMER HEREUNDER, OR ANY REQUESTS OR OBSERVATIONS MADE TO SABINE OR ITS
REPRESENTATIVES BY OR ON BEHALF OF CUSTOMER IN CONNECTION WITH ANY SUCH
INSPECTION, SHALL (A) MODIFY OR AMEND SABINE'S OBLIGATIONS, REPRESENTATIONS,
WARRANTIES AND COVENANTS
26
UNDER THIS AGREEMENT OR UNDER ANY AGREEMENT OR INSTRUMENT CONTEMPLATED BY THIS
AGREEMENT; OR (B) CONSTITUTE AN ACCEPTANCE OR WAIVER BY CUSTOMER OF SABINE'S
OBLIGATIONS UNDER THIS AGREEMENT.
ARTICLE 8
TRANSPORTATION AND UNLOADING
8.1
LNG VESSELS
(A)
CUSTOMER TO CAUSE LNG VESSELS TO COMPLY.
CUSTOMER SHALL BE RESPONSIBLE FOR THE TRANSPORTATION OF LNG FROM THE LOADING
PORT TO THE RECEIPT POINT.
IN THIS REGARD, CUSTOMER SHALL CAUSE EACH LNG VESSEL
TO COMPLY WITH THE REQUIREMENTS OF THIS ARTICLE 8 IN ALL RESPECTS.
(B)
APPROVALS AND DOCUMENTATION.
EACH LNG
VESSEL SHALL COMPLY WITH THE REGULATIONS OF, AND OBTAIN ALL APPROVALS REQUIRED
BY, GOVERNMENTAL AUTHORITIES TO ENABLE SUCH LNG VESSEL TO ENTER, LEAVE AND CARRY
OUT ALL REQUIRED OPERATIONS AT THE SABINE PASS FACILITY.
EACH LNG VESSEL SHALL
AT ALL TIMES HAVE ON BOARD VALID DOCUMENTATION EVIDENCING ALL SUCH APPROVALS.
EACH LNG VESSEL SHALL COMPLY FULLY WITH THE INTERNATIONAL SAFETY MANAGEMENT CODE
FOR THE SAFE OPERATION OF SHIPS AND POLLUTION PREVENTION EFFECTIVE JULY 1, 1998,
AND AT ALL TIMES BE IN POSSESSION OF A VALID SAFETY MANAGEMENT CERTIFICATE.
(C)
FIREBOATS, ESCORT VESSELS AND PORT
CHARGES.
CUSTOMER SHALL ARRANGE FOR, OR CAUSE THE APPROPRIATE PERSON TO ARRANGE
FOR, SUCH NUMBER AND TYPES OF FIREBOATS AND ESCORT VESSELS AS ARE REQUIRED BY
GOVERNMENTAL AUTHORITIES TO ATTEND THE LNG VESSEL SO AS TO PERMIT SAFE AND
EFFICIENT MOVEMENT OF THE LNG VESSEL WITHIN THE MARITIME SAFETY AREAS LOCATED IN
THE APPROACHES TO AND FROM THE SABINE PASS FACILITY.
CUSTOMER SHALL PAY ALL
PORT CHARGES DIRECTLY TO THE APPROPRIATE PERSON.
(D)
REQUIREMENTS.
EACH LNG VESSEL MUST SATISFY
THE FOLLOWING REQUIREMENTS:
(I)
SPECIFICATIONS.
EXCEPT AS OTHERWISE
MUTUALLY AGREED IN WRITING BY THE PARTIES, EACH LNG VESSEL SHALL BE COMPATIBLE
WITH THE SPECIFICATIONS OF THE SABINE PASS FACILITY IDENTIFIED IN SECTION
7.1(B).
NOTWITHSTANDING THE FOREGOING, IN THE EVENT AN LNG VESSEL IS COMPATIBLE
WITH THE SPECIFICATIONS SET FORTH IN SECTION 7.1(B) OR OTHERWISE ACCEPTABLE TO
SABINE, BUT A GOVERNMENTAL AUTHORITY OR PILOT PROHIBITS OR OTHERWISE HINDERS THE
UTILIZATION OF SUCH LNG VESSEL, CUSTOMER'S OBLIGATIONS UNDER THIS AGREEMENT
SHALL NOT BE EXCUSED OR SUSPENDED BY