THREE (3) CONSECUTIVE OR TEN (10)
CUMULATIVE DAYS DURING A CONTRACT YEAR AS A RESULT OF AN EVENT THAT CONSTITUTES
FORCE MAJEURE, AS A RESULT OF SABINE'S BREACH OF THIS AGREEMENT OR AS A RESULT
OF SCHEDULED MAINTENANCE (WHICH SUCH SCHEDULED MAINTENANCE SHALL NOT EXCEED TEN
(10) DAYS PER CONTRACT YEAR), UNSCHEDULED MAINTENANCE OR CURTAILMENT OR
DISCONTINUATION OR SERVICES PER ARTICLE 16 (A "SERVICES UNAVAILABILITY"), SABINE
SHALL, TO THE EXTENT OPERATIONALLY FEASIBLE AND NOT DISPROPORTIONATELY
DETRIMENTAL TO OTHER CUSTOMERS, USE ITS REASONABLE EFFORTS TO RESTORE CUSTOMER'S
SERVICES IN ACCORDANCE WITH SECTION 4.3(B) AND ALLOW CUSTOMER THE ABILITY TO
MAKE-UP ANY SERVICES THAT HAVE BEEN LOST AS A RESULT OF THE INTERRUPTION OF
SERVICES TO THE SABINE PASS FACILITY.
(B)
IF AS A RESULT OF SERVICES UNAVAILABILITY,
THE QUANTITY OF CUSTOMER'S GAS THAT IS DELIVERED BY SABINE HEREUNDER AT THE
DELIVERY POINT (OR THE QUANTITY OF CUSTOMER'S LNG THAT IS RECEIVED AT THE
RECEIPT POINT, AS THE CASE MAY BE) IS LESS THAN THE QUANTITY THAT CUSTOMER
SCHEDULED OR WOULD HAVE SCHEDULED BUT FOR SUCH UNAVAILABILITY OF SERVICES, THEN
THE PORTION OF THE SERVICES NOT MADE AVAILABLE SHALL CONSTITUTE A "MAKE-UP
QUANTITY".
AT ANY TIME THERE IS AN OUTSTANDING BALANCE OF MAKE-UP QUANTITY,
CUSTOMER SHALL HAVE THE RIGHT, WITHIN TWENTY FOUR (24) MONTHS OF SUCH SERVICES
UNAVAILABILITY, TO SCHEDULE ANY OF THE SERVICES NECESSARY TO MAKE UP THE MAKE-UP
QUANTITY TO THE EXTENT OF UNCOMMITTED AVAILABLE CAPACITY OF THE SABINE PASS
FACILITY.
SUCH MAKE-UP QUANTITY MAY BE SCHEDULED FROM TIME TO TIME, EXCEPT
DURING AN EVENT THAT CONSTITUTES FORCE MAJEURE.
CAPACITY SHALL BE DEEMED TO BE
AVAILABLE AND UNCOMMITTED FOR PURPOSES OF THIS SECTION 4.3(B) IF SUCH CAPACITY
IS AVAILABLE AFTER SABINE HAS FULFILLED ANY CONTRACTUAL OBLIGATIONS TO OTHER
CUSTOMERS UNDER FIRM AGREEMENTS IN EXISTENCE AT THE TIME OF THE CIRCUMSTANCES
GIVING RISE TO THE MAKE-UP QUANTITY.
ALL SERVICES RELATED TO THE MAKE-UP
QUANTITY SHALL BE PROVIDED WITHOUT ADDITIONAL
12
COMPENSATION TO SABINE, INCLUDING THE UNLOADING OF LNG, THE STORAGE OF
CUSTOMER'S LNG, AND THE REDELIVERY OF CUSTOMER'S GAS.
(C)
FOR THE AVOIDANCE OF DOUBT, IN NO EVENT
SHALL THE FEE BE ADJUSTED AS A RESULT OF ANY SERVICES UNAVAILABILITY.
4.4
Services Provided to Other Customers
CUSTOMER ACKNOWLEDGES THAT: (I) THE COMPENSATION PAID BY CUSTOMER FROM TIME TO
TIME FOR SERVICES MAY BE LESS THAN, OR MORE THAN, THE PRICE PAID BY OTHER
CUSTOMERS FOR THE SAME OR SIMILAR LNG TERMINALLING SERVICES; AND (II) SABINE
MAKES NO REPRESENTATIONS OR WARRANTIES TO CUSTOMER IN THIS REGARD.
ARTICLE 5
SCHEDULING
5.1
Annual Delivery Program
Procedures for the receipt of LNG at the Receipt Point and redelivery of Gas at
the Delivery Point will be detailed in the Sabine Pass Services Manual, as
modified from time to time, in accordance with Section 3.5 but substantially in
accordance with the following:
(A)
SABINE DELIVERABLES.
NOT LATER THAN ONE
HUNDRED AND TWENTY (120) DAYS PRIOR TO THE BEGINNING OF EACH CONTRACT YEAR,
SABINE SHALL PROVIDE TO THE SCHEDULING REPRESENTATIVE A NON-BINDING WRITTEN
ASSESSMENT OF THE