HEREIN TO THE CONTRARY,
CUSTOMER SHALL USE *** TO KEEP TO A MINIMUM THE NUMBER OF CHANGE REQUESTS IT
SUBMITS TO FLNG, AND FLNG SHALL USE ITS REASONABLE EFFORTS TO ACCOMMODATE
CUSTOMER'S CHANGE REQUESTS.
(j)
Other Modifications Due to Services Unavailability.
If, for any
Scheduled Unloading Window, Customer is unable, due to a Services
Unavailability, to berth and unload an LNG Vessel, each affected Scheduled
Unloading Window allocated to Customer during such period shall be ***, to the
extent affected.
In the event a Scheduled Unloading Window is so ***, such ***
shall be without prejudice to Customer's rights and remedies hereunder.
Except
as otherwise provided in Section 5.1(i), the Customer LNG Receipt Schedule shall
be considered firm and shall not be subject to change by FLNG; provided,
however, that FLNG ***, with preference to Major Customers, if such Services
Unavailability caused the *** of one or more Scheduled Unloading Windows
allocated to Customer and/or Other Customers, in order to maximize efficient
usage of the Freeport Facility to assist Customer and Other Customers to unload
quantities of LNG which would otherwise have been unloaded at the Freeport
Facility during such cancelled Scheduled Unloading Windows.
Moreover, in the
event of a Services Unavailability, FLNG shall make reasonable efforts to *** of
redelivery of Gas for Customer and Other Customers to maximize efficient usage
of the Freeport Facility to assist Customer and Other Customers to *** which
would otherwise have been received at the Delivery Point during such Services
Unavailability.
5.2
GAS DELIVERY PROCEDURE
(a)
Preliminary Nomination Schedule.
Not later than the fifteenth
(15th) day of each month, commencing the month immediately prior to the
Commercial Start Date,
25
FLNG shall provide to the Scheduling Representative a nomination schedule (the
"Preliminary Nomination Schedule") that sets forth, for each day of the ensuing
month, the following:
(I)
THE *** AND THE ***; AND
(II)
ALL *** WHICH, AT THE TIME OF NOTIFICATION OF THE PRELIMINARY
NOMINATION SCHEDULE, FLNG ACTING AS A REASONABLE AND PRUDENT OPERATOR *** FROM
THE FREEPORT FACILITY; PROVIDED, HOWEVER, THAT FLNG SHALL NOT BE OBLIGATED TO
OFFER OR DELIVER *** TO CUSTOMER OR OTHER CUSTOMERS TO THE EXTENT THAT A
REASONABLE AND PRUDENT OPERATOR WOULD NOT OBLIGATE ITSELF TO DO SO UNDER SIMILAR
CIRCUMSTANCES AND CONDITIONS.
FOR THE AVOIDANCE OF DOUBT, FLNG SHALL BE OBLIGATED TO MAKE AVAILABLE TO
CUSTOMER THE QUANTITIES OF *** NOTIFIED IN THE PRELIMINARY NOMINATION SCHEDULE,
AS ALLOCATED PURSUANT TO SECTION ***.
(b)
Daily Records.
Commencing on the Commercial Start Date, FLNG
shall, on each Business Day by the time specified in the Freeport Services
Manual, post on the *** for access by Customer certain daily records (the "Daily
Records"), including the following:
(I)
THE *** AND THE *** FOR THE NEXT BUSINESS DAY (AND, IF
APPLICABLE, FOR EACH NON-BUSINESS DAY OCCURRING BETWEEN THE NEXT BUSINESS DAY
AND THE BUSINESS DAY FOLLOWING THE NEXT BUSINESS DAY), TAKING INTO ACCOUNT
ADJUSTMENTS THERETO SINCE ISSUANCE OF THE PRELIMINARY NOMINATION SCHEDULE;
(II)
CUSTOMER'S INVENTORY HELD AS OF 11:59