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:
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(I)
NEITHER THE EXERCISE NOR THE NON-EXERCISE OF SUCH
RIGHT SHALL REDUCE THE RESPONSIBILITY OF CUSTOMER TO SABINE IN RESPECT OF SUCH
LNG VESSEL AND HER OPERATION, NOR INCREASE SABINE'S RESPONSIBILITIES TO CUSTOMER
OR THIRD PARTIES FOR THE SAME; AND
(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 Regarding LNG Vessel and
Cargoes
(A)
CHANGE IN EXPECTED RECEIPT QUANTITY.
IF,
SUBSEQUENT TO ISSUING THE NOTICE REQUIRED UNDER SECTION 5.1(B)(II) AND SECTION
5.2(A), CUSTOMER ANTICIPATES A MATERIAL CHANGE IN THE EXPECTED RECEIPT QUANTITY
FOR A PARTICULAR CARGO, CUSTOMER SHALL PROMPTLY PROVIDE NOTICE THEREOF TO SABINE
AND INCLUDE IN SUCH NOTICE CUSTOMER'S NEW ESTIMATE OF THE EXPECTED RECEIPT
QUANTITY.
SABINE SHALL USE REASONABLE ENDEAVORS TO ACCEPT SUCH CHANGED QUANTITY
BUT SHALL AT ALL TIMES RETAIN THE RIGHT NOT TO ACCEPT ANY INCREASED QUANTITY IF,
IN ITS REASONABLE
DISCRETION, SUCH INCREASED QUANTITY WOULD CONFLICT WITH ANY
OTHER CUSTOMER'S UNLOADING SCHEDULE OR ENTITLEMENT TO SERVICES OR EXCEED
CUSTOMER'S SERVICE ENTITLEMENTS AT THE SABINE PASS FACILITY.
(B)
LNG VESSEL NOMINATION.
AS SOON AS
PRACTICABLE BUT NO LATER THAN FIVE (5) DAYS PRIOR TO THE SCHEDULED LOADING DATE
FOR A CARGO, CUSTOMER SHALL NOTIFY SABINE OF THE INFORMATION SPECIFIED BELOW:
(I)
NAME OF LNG VESSEL AND, IN REASONABLE DETAIL, THE
DIMENSIONS, SPECIFICATIONS, OPERATOR,
AND OWNER OF SUCH LNG VESSEL;
(II)
NAME OF LOADING PORT;
(III)
EXPECTED DEPARTURE DATE OF LNG VESSEL FROM LOADING PORT;
(IV)
ESTIMATED ARRIVAL DATE AT THE SABINE PASS FACILITY; AND
(V)
ANY CHANGES IN THE EXPECTED RECEIPT QUANTITY SINCE
CUSTOMER'S PRIOR NOTICE.
Moreover, if the vessel that Customer proposes to use as an LNG Vessel has not,
within the immediately preceding Contract Year, delivered LNG to the Sabine Pass
Facility, Customer shall notify SABINE thereof at least sixty (60) days prior to
the applicable Scheduled Arrival Date.
(C)
LNG VESSEL MOVEMENTS.
WITH RESPECT TO EACH
CARGO OF LNG TO BE DELIVERED HEREUNDER, CUSTOMER SHALL GIVE, OR CAUSE THE MASTER
OF THE LNG VESSEL TO GIVE, TO SABINE THE FOLLOWING NOTICES:
(I)
A FIRST NOTICE ("FIRST NOTICE"), WHICH SHALL BE SENT
UPON THE DEPARTURE OF THE LNG VESSEL FROM THE LOADING PORT AND WHICH SHALL SET
FORTH THE TIME AND
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DATE THAT LOADING WAS COMPLETED, THE VOLUME (EXPRESSED IN CUBIC METERS) OF LNG
LOADED ON BOARD THE LNG VESSEL, THE ESTIMATED TIME OF ARRIVAL OF THE LNG VESSEL
AT THE PILOT BOARDING STATION ("ETA"),