Commencement of Deliveries. In accordance with the procedure set forth in this Section 6.2, SABINE shall notify Customer of the date on which Services for Customer will commence at the Sabine Pass Facility (the final date so notified being the “Commercial Start Date”). The Commercial Start Date shall be a date within the period that (a) commences on the third anniversary of the date of issuance by FERC of the order granting authorization under Section 3(a) of the Natural Gas Act for SABINE to carry out the construction of the Sabine Pass Facility (such approval date being the “FERC Approval Date”); and (b) ends eighteen (18) months after such anniversary date (such period being the “First Window Period”). The First Window Period shall be narrowed pursuant to the following provisions: (a) No later than sixty (60) days following the FERC Approval Date, SABINE shall notify Customer of a two hundred seventy (270) day window (“Second Window Period”) falling within the First Window Period for the Commercial Start Date; provided that if SABINE fails to give timely notice of same, the Second Window Period shall be the latest possible two hundred seventieth (270th) day window period within the First Window Period; (b) No later than ninety (90) days following the FERC Approval Date, Customer may notify SABINE of a date, which shall be the Commercial Start Date, that shall be no earlier than the last day of the Second Window Period and no later than the later of (x) the last day of the Second Window Period and (y) April 1, 2009; and (c) In the event Customer has not exercised its right, pursuant to Section 6.2(b) above, to specify the Commercial Start Date, then: (i) No later than ninety (90) days in advance of the first day of the Second Window Period, SABINE shall notify Customer of a one hundred eighty (180) day window (“Third Window Period”) falling within the Second Window Period for the Commercial Start Date; provided that if SABINE fails to give timely notice of same, the Third Window Period shall be the latest possible one hundred eighty (180) day window period within the Second Window Period; (ii) No later than sixty (60) days in advance of the first day of the Third Window Period, SABINE shall notify Customer of a ninety (90) day window (“Fourth Window Period”) falling within the Third Window Period for the Commercial Start Date; provided that if SABINE fails to give timely notice of same, the Fourth Window Period shall be latest possible ninety (90) day window period within the Third Window Period; (iii) No later than thirty (30) days in advance of the first day of the Fourth Window Period, SABINE shall notify Customer of a sixty (60) day window (“Fifth Window Period”) falling within the Fourth Window Period for the Commercial Start Date; provided that if SABINE fails to give timely notice of same, the Fifth Window Period shall be the latest possible sixty (60) day period within the Fourth Window Period; (iv) No later than fifteen (15) days in advance of the first day of the Fifth Window Period, SABINE shall notify Customer of a thirty (30) day window (“Sixth Window Period”) falling within the Fifth Window Period for the Commercial Start Date; provided that if SABINE fails to give timely notice of same, the Sixth Window Period shall be the latest possible thirty (30) day period within the Fifth Window Period; (v) No later than seven (7) days in advance of the first day of the Sixth Window Period, SABINE shall notify Customer of a fifteen (15) day window (“Final Window Period”) falling within the Sixth Window Period for the Commercial Start Date; provided that if SABINE fails to give timely notice of same, the Final Window Period shall be the latest possible fifteen (15) day period within the Sixth Window Period; and (vi) No later than three (3) days in advance of the first day of the Final Window Period, SABINE shall notify Customer of the Commercial Start Date falling within the Final Window Period; provided that if SABINE fails to give timely notice of same, the Commercial Start Date shall be the latest possible day in the Final Window Period. The Commercial Start Date shall be the date so notified, regardless of whether any unloading of Customer’s LNG at the Sabine Pass Facility actually occurs on such date.
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Commencement of Deliveries. In accordance with the procedure set forth in this Section 6.27.2, SABINE FLNG shall notify Customer of the date on which Services for Customer will commence at the Sabine Pass Freeport Facility (the final date so notified being the “Commercial Start Date”). The Commercial Start Date shall be a date within the period that (a) commences on the third anniversary of the date of issuance by FERC of the order granting authorization under Section 3(a) of the Natural Gas Act for SABINE from April 1, 2007 to carry out the construction of the Sabine Pass Facility (such approval date being the “FERC Approval Date”); and (b) ends eighteen (18) months after such anniversary date March 31, 2008 (such period being the “First Window Period”). The First Window Period shall be narrowed pursuant to the following provisions:
(a) No later than sixty (60) days following the FERC Approval DateDecember 1, SABINE 2006, FLNG shall notify Customer of a two hundred seventy (270) day window (“Second Window Period”) falling within the First Window Period for the Commercial Start Date; provided that if SABINE FLNG fails to give timely notice of same, the Second Window Period shall be the latest possible two hundred seventieth (270th) day window period within the First Window Period;
(b) No later than ninety (90) days following the FERC Approval Date, Customer may notify SABINE of a date, which shall be the Commercial Start Date, that shall be no earlier than the last day of the Second Window Period and no later than the later of (x) the last day of the Second Window Period and (y) April 1, 2009; and
(c) In the event Customer has not exercised its right, pursuant to Section 6.2(b) above, to specify the Commercial Start Date, then:
(i) No later than ninety (90) days in advance of the first day of the Second Window Period, SABINE FLNG shall notify Customer of a one hundred eighty (180) day window (“Third Window Period”) falling within the Second Window Period for the Commercial Start Date; provided that if SABINE FLNG fails to give timely notice of same, the Third Window Period shall be the latest possible one hundred eighty (180) day window period within the Second Window Period;
(iic) No later than sixty (60) days in advance of the first day of the Third Window Period, SABINE FLNG shall notify Customer of a ninety (90) day window (“Fourth Window Period”) falling within the Third Window Period for the Commercial Start Date; provided that if SABINE FLNG fails to give timely notice of same, the Fourth Window Period shall be the latest possible ninety (90) day window period within the Third Window Period;
(iiid) No later than thirty (30) days in advance of the first day of the Fourth Window Period, SABINE FLNG shall notify Customer of a sixty (60) day window (“Fifth Window Period”) falling within the Fourth Window Period for the Commercial Start Date; provided that if SABINE FLNG fails to give timely notice of same, the Fifth Window Period shall be the latest possible sixty (60) day period within the Fourth Window Period;
(ive) No later than fifteen (15) days in advance of the first day of the Fifth Window Period, SABINE FLNG shall notify Customer of a thirty (30) day window (“Sixth Window Period”) falling within the Fifth Window Period for the Commercial Start Date; provided that if SABINE FLNG fails to give timely notice of same, the Sixth Window Period shall be the latest possible thirty (30) day period within the Fifth Window Period;
(vf) No later than seven (7) days in advance of the first day of the Sixth Window Period, SABINE FLNG shall notify Customer of a fifteen (15) day window (“Final Window Period”) falling within the Sixth Window Period for the Commercial Start Date; provided that if SABINE FLNG fails to give timely notice of same, the Final Window Period shall be the latest possible fifteen (15) day period within the Sixth Window Period; and
(vig) No later than three (3) days in advance of the first day of the Final Window Period, SABINE FLNG shall notify Customer of the Commercial Start Date falling within the Final Window Period; provided that if SABINE FLNG fails to give timely notice of same, the Commercial Start Date shall be the latest possible day in the Final Window Period. The Commercial Start Date shall be the date so notified, regardless of whether any unloading of Customer’s LNG at the Sabine Pass Freeport Facility actually occurs on such date.
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Commencement of Deliveries. In accordance with the procedure set forth in this Section 6.26.1, SABINE Customer shall notify Customer SABINE of the date on which Services for Customer will commence at the Sabine Pass Facility (the final date so notified being the “Commercial Start Date”). The Commercial Start Date shall be a date within the period that (a) commences on the third anniversary of the date of issuance by FERC of the order granting authorization under Section 3(a) of the Natural Gas Act for SABINE to carry out the construction of the Sabine Pass Facility (such approval date being the “FERC Approval Date”); February 1, 2009 and (b) ends eighteen (18) months after such anniversary date on July 1, 2009 (such period being the “First Window Period”). The First Window Period shall be narrowed pursuant to the following provisions:
(ai) No later than ninety (90) days in advance of the first day of the First Window Period, Customer shall notify SABINE of a sixty (60) days following the FERC Approval Date, SABINE shall notify Customer of a two hundred seventy (270) day window (“Second Window Period”) falling within the First Window Period for the Commercial Start Date; provided that if SABINE Customer fails to give timely notice of same, the Second Window Period shall be the latest possible two hundred seventieth sixty (270th60) day window period within the First Window Period;
(bii) No later than ninety thirty (90) days following the FERC Approval Date, Customer may notify SABINE of a date, which shall be the Commercial Start Date, that shall be no earlier than the last day of the Second Window Period and no later than the later of (x) the last day of the Second Window Period and (y) April 1, 2009; and
(c) In the event Customer has not exercised its right, pursuant to Section 6.2(b) above, to specify the Commercial Start Date, then:
(i) No later than ninety (9030) days in advance of the first day of the Second Window Period, SABINE Customer shall notify Customer SABINE of a one hundred eighty thirty (18030) day window (“Third Window Period”) falling within the Second Window Period for the Commercial Start Date; provided that if SABINE Customer fails to give timely notice of same, the Third Window Period shall be the latest possible one hundred eighty thirty (18030) day window period within the Second Window Period;
(iiiii) No later than sixty seven (607) days in advance of the first day of the Third Window Period, SABINE Customer shall notify Customer SABINE of a ninety fifteen (9015) day window (“Fourth Final Window Period”) falling within the Third Window Period for the Commercial Start Date; provided that if SABINE fails to give timely notice of same, the Fourth Window Period shall be latest possible ninety (90) day window period within the Third Window Period;
(iii) No later than thirty (30) days in advance of the first day of the Fourth Window Period, SABINE shall notify Customer of a sixty (60) day window (“Fifth Window Period”) falling within the Fourth Window Period for the Commercial Start Date; provided that if SABINE fails to give timely notice of same, the Fifth Window Period shall be the latest possible sixty (60) day period within the Fourth Window Period;
(iv) No later than fifteen (15) days in advance of the first day of the Fifth Window Period, SABINE shall notify Customer of a thirty (30) day window (“Sixth Window Period”) falling within the Fifth Window Period for the Commercial Start Date; provided that if SABINE fails to give timely notice of same, the Sixth Window Period shall be the latest possible thirty (30) day period within the Fifth Window Period;
(v) No later than seven (7) days in advance of the first day of the Sixth Window Period, SABINE shall notify Customer of a fifteen (15) day window (“Final Window Period”) falling within the Sixth Window Period for the Commercial Start Date; provided that if SABINE fails to give timely notice of same, the Final Window Period shall be the latest possible fifteen (15) day period within the Sixth Third Window Period; and
(viiv) No later than three (3) days in advance of the first day of the Final Window Period, SABINE Customer shall notify Customer SABINE of the Commercial Start Date falling within the Final Window Period; provided that if SABINE Customer fails to give timely notice of same, the Commercial Start Date shall be the latest possible day in the Final Window Period. The Commercial Start Date shall be the date so notified, regardless of whether any unloading of Customer’s LNG at the Sabine Pass Facility actually occurs on such datedate unless Customer is unable to unload Cargoes as a result of the Sabine Pass Facility not having become commercially operable by that date in which case, the Commercial Start Date shall be the first date on which the Sabine Pass Facility is commercially operable.
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Commencement of Deliveries. In accordance with the procedure set forth in this Section 6.27.2, SABINE FLNG shall notify Customer of the date on which Services for Customer will commence at the Sabine Pass Freeport Facility (the final date so notified being the “"Commercial Start Date”"). The Commercial Start Date shall be a date within the period that (a) commences on the third anniversary of the date of issuance by FERC of the order granting authorization under Section 3(a) of the Natural Gas Act for SABINE from April 1, 2007 to carry out the construction of the Sabine Pass Facility (such approval date being the “FERC Approval Date”); and (b) ends eighteen (18) months after such anniversary date March 31, 2008 (such period being the “"First Window Period”"). The First Window Period shall be narrowed pursuant to the following provisions:
(a) No later than sixty (60) days following the FERC Approval DateDecember 1, SABINE 2006, FLNG shall notify Customer of a two hundred seventy (270) day window (“"Second Window Period”") falling within the First Window Period for the Commercial Start Date; provided that if SABINE FLNG fails to give timely notice of same, the Second Window Period shall be the latest possible two hundred seventieth (270th270/th/) day window period within the First Window Period;
(b) No later than ninety (90) days following the FERC Approval Date, Customer may notify SABINE of a date, which shall be the Commercial Start Date, that shall be no earlier than the last day of the Second Window Period and no later than the later of (x) the last day of the Second Window Period and (y) April 1, 2009; and
(c) In the event Customer has not exercised its right, pursuant to Section 6.2(b) above, to specify the Commercial Start Date, then:
(i) No later than ninety (90) days in advance of the first day of the Second Window Period, SABINE FLNG shall notify Customer of a one hundred eighty (180) day window (“"Third Window Period”") falling within the Second Window Period for the Commercial Start Date; provided that if SABINE FLNG fails to give timely notice of same, the Third Window Period shall be the latest possible one hundred eighty (180) day window period within the Second Window Period;
(iic) No later than sixty (60) days in advance of the first day of the Third Window Period, SABINE FLNG shall notify Customer of a ninety (90) day window (“"Fourth Window Period”") falling within the Third Window Period for the Commercial Start Date; provided that if SABINE FLNG fails to give timely notice of same, the Fourth Window Period shall be latest possible ninety (90) day window period within the Third Window Period;
(iiid) No later than thirty (30) days in advance of the first day of the Fourth Window Period, SABINE FLNG shall notify Customer of a sixty (60) day window (“"Fifth Window Period”") falling within the Fourth Window Period for the Commercial Start Date; provided that if SABINE FLNG fails to give timely notice of same, the Fifth Window Period shall be the latest possible sixty (60) day period within the Fourth Window Period;
(ive) No later than fifteen (15) days in advance of the first day of the Fifth Window Period, SABINE FLNG shall notify Customer of a thirty (30) day window (“"Sixth Window Period”") falling within the Fifth Window Period for the Commercial Start Date; provided that if SABINE FLNG fails to give timely notice of same, the Sixth Window Period shall be the latest possible thirty (30) day period within the Fifth Window Period;
(vf) No later than seven (7) days in advance of the first day of the Sixth Window Period, SABINE FLNG shall notify Customer of a fifteen (15) day window (“"Final Window Period”") falling within the Sixth Window Period for the Commercial Start Date; provided that if SABINE FLNG fails to give timely notice of same, the Final Window Period shall be the latest possible fifteen (15) day period within the Sixth Fifth Window Period; and
(vig) No later than three (3) days in advance of the first day of the Final Window Period, SABINE FLNG shall notify Customer of the Commercial Start Date falling within the Final Window Period; provided that if SABINE FLNG fails to give timely notice of same, the Commercial Start Date shall be the latest possible day in the Final Window Period. The Commercial Start Date shall be the date so notified, regardless of whether any unloading of Customer’s 's LNG at the Sabine Pass Freeport Facility actually occurs on such date.
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