Common use of Programming Information Clause in Contracts

Programming Information. 8.1.1 No later than one hundred eighty (180) Days before the start of each Contract Year, Seller shall provide Buyer with: (a) Seller’s good faith estimate of the Gross Heating Value of LNG to be delivered during such Contract Year; and (b) the Major Scheduled Maintenance Quantity for such Contract Year, if any. 8.1.2 No later than one hundred ten (110) Days before the start of each Contract Year, Buyer shall notify Seller of Buyer’s proposed schedule of receipt of cargoes for each Month of such Contract Year. Such schedule shall identify sufficient proposed cargoes in order to schedule the full AACQ, and such AACQ shall be distributed across the Contract Year in accordance with Section ‎5.3. Buyer’s notice shall include the following information: (a) the LNG Tanker (if known) for each proposed cargo; (b) the Scheduled Cargo Quantity for each proposed cargo; (c) the proposed Delivery Window for each cargo; (d) Buyer’s request (if any) for a Round-Up Quantity for such Contract Year; and (e) any other information that may affect annual scheduling. Buyer shall also inform Seller of any anticipated periods for maintenance to be conducted with respect to the LNG Tankers identified in (a) above. 8.1.3 Seller will then notify Buyer no later than eighty-five (85) Days before the start of such Contract Year of Seller’s proposed schedule of cargoes to be made available in each Month of such Contract Year, exercising reasonable efforts to adopt Buyer’s proposed schedule of receipts requested in accordance with Section ‎8.1.2; provided that (x) if Buyer fails to deliver the notice according to Section ‎8.1.2, Seller may nevertheless propose a schedule according to the terms of this Section ‎8.1.3, and (y) Seller shall have the right to modify Buyer’s proposed schedule to the extent required to ensure that the entire AACQ is scheduled and to comply with the other requirements of this Agreement, including the terms of Section ‎5.3. Such notice shall include the following information: (a) the proposed AACQ for the Contract Year; (b) the proposed Round-Up Quantity (if any) or Round-Down Quantity (if any) for the Contract Year; (c) any Round-Down Quantity not taken in the previous Contract Year and carried forward to the current Contract Year; (d) any Round-Up Quantity taken in the previous Contract Year and carried forward as a deduction in the current Contract Year; (e) the Major Scheduled Maintenance Quantity (if any) for the Contract Year identified by Seller pursuant to Section ‎8.1.1(b); (f) for each cargo: (i) the loading terminal if changed from Driftwood LNG Terminal pursuant to Section ‎3.1.2; (ii) the LNG Tanker (if specified by Buyer); (iii) the Scheduled Cargo Quantity, if any, specified in the notice sent by Buyer pursuant to Section ‎8.1.2; and (iv) the proposed Delivery Window; and (g) any other information that may affect annual scheduling.

Programming Information. 8.1.1 No later than one hundred eighty ninety-five (180195) Days before the start of each Contract Year, Seller shall provide Buyer with: (a) Seller’s good faith estimate of the Gross Heating Value of LNG to be delivered during such Contract Year; and (b) the Major Scheduled Maintenance Quantity for such Contract Year, if any. 8.1.2 No later than one hundred ten twenty-five (110125) Days before the start of each Contract Year, Buyer shall notify Seller of Buyer’s proposed schedule of receipt of cargoes for each Month of such Contract Year. Such schedule shall identify sufficient proposed cargoes in order to schedule the full AACQ, and such AACQ shall be distributed across the Contract Year in accordance with Section ‎5.35.3. Buyer’s notice shall include the following information: (a) the LNG Tanker (if known) for each proposed cargo; (b) the Scheduled Cargo Quantity for each proposed cargo; (c) the proposed Delivery Window for each cargo; (d) Buyer’s request (if any) for a Round-Up Quantity for such Contract Year; and (e) any other information that may affect annual scheduling. Buyer shall also inform Seller of any anticipated periods for maintenance to be conducted with respect to the LNG Tankers identified in (a) above. 8.1.3 Seller will then notify Buyer shall call a one- or two-day scheduling meeting of Seller and all Partnership Buyers to occur no earlier than one hundred twenty-four (124) Days before the start of each Contract Year and no later than eighty-five seventy (8570) Days before the start of such Contract Year of Seller’s proposed schedule of cargoes to be made available in each Month of such Contract Year, exercising by providing at least thirty (30) Days’ advance notice thereof to all Partnership Buyers. Unless otherwise agreed by Seller and all Partnership Buyers, the location of the meeting will be in Houston, Texas. Buyer shall use reasonable efforts to adopt Buyer’s proposed schedule of receipts requested in accordance with Section ‎8.1.2; provided that (x) if Buyer fails to deliver the notice according to Section ‎8.1.2attend any such meeting notified by Seller. Any terms proposed, Seller may nevertheless propose a schedule according to the terms of this Section ‎8.1.3, and (y) Seller discussed or determined at such meeting shall have the right to modify Buyer’s proposed schedule not be binding on either Party except to the extent required to ensure that the entire AACQ is scheduled and to comply with the other requirements of this Agreement, including the terms of Section ‎5.3. Such notice shall include the following information: (a) the proposed AACQ for the Contract Year; (b) the proposed Round-Up Quantity (if any) or Round-Down Quantity (if any) for the Contract Year; (c) any Round-Down Quantity not taken included in the previous Contract Year and carried forward to the current Contract Year; (d) any Round-Up Quantity taken in the previous Contract Year and carried forward as a deduction in the current Contract Year; (e) the Major Scheduled Maintenance Quantity (if any) for the Contract Year identified Annual Delivery Program promulgated by Seller pursuant to Section ‎8.1.1(b); (f) for each cargo: (i) the loading terminal if changed from Driftwood LNG Terminal pursuant to Section ‎3.1.2; (ii) the LNG Tanker (if specified by Buyer); (iii) the Scheduled Cargo Quantity, if any, specified in the notice sent by Buyer pursuant to Section ‎8.1.2; and (iv) the proposed Delivery Window; and (g) any other information that may affect annual scheduling8.2.

Programming Information. 8.1.1 No later than one hundred eighty (180) Days before the start of each Contract Year, Seller shall provide Buyer with: (a) Seller’s good faith estimate of the Gross Heating Value of LNG to be delivered during such the coming Contract Year; and (b) the Major Scheduled Maintenance Quantity for such the Contract Year, if any. 8.1.2 No later less than one hundred ten (110) Days before the start of each Contract Year, Buyer shall notify Seller of Buyer’s proposed schedule of receipt of cargoes for each Month of such Contract Year. Such schedule shall identify sufficient proposed cargoes in order to schedule the full AACQ, be on a reasonably even and such AACQ shall be distributed across the Contract Year ratable basis in accordance with Section ‎5.3. 5.1.3, and Buyer’s notice shall include the following information: (a) the LNG Tanker (if known) for each proposed cargo; (b) the Scheduled Cargo Quantity for each proposed cargo; (c) the proposed Delivery Window for each cargo; (d) Buyer’s request (if any) for a Round-Up Quantity for such Contract Year; (e) the anticipated Discharge Terminal for each proposed cargo, subject to Section 26.1; and (ef) any other information that may affect annual scheduling. Buyer shall also inform Seller of any anticipated periods for maintenance to be conducted with respect to the LNG Tankers identified in (a) above. 8.1.3 Seller will then notify Buyer no later less than eighty-five (85) Days before the start of such Contract Year of Seller’s proposed schedule of cargoes to be made available in each Month of such Contract Year, exercising reasonable efforts to adopt Buyer’s proposed schedule of receipts requested in accordance with Section ‎8.1.28.1.2; provided that (x) if Buyer fails to deliver the notice according to Section ‎8.1.28.1.2, Seller may nevertheless propose a schedule according to the terms of this Section ‎8.1.3, and (y) Seller shall have the right to modify Buyer’s proposed schedule to the extent required to ensure that the entire AACQ is scheduled and to comply with the other requirements of this Agreement, including the terms of Section ‎5.38.1.3. Such notice shall include the following information: (a) the proposed AACQ for the Contract Year; (b) the proposed Round-Up Quantity (if any) or Round-Down Quantity (if any) for the Contract Year; (c) any Round-Down Quantity not taken in the previous Contract Year and carried forward to the current Contract Year; (d) any Round-Up Quantity taken in the previous Contract Year and carried forward as a deduction in the current Contract Year; (e) the Major Scheduled Maintenance Quantity (if any) for the Contract Year identified by Seller pursuant to Section ‎8.1.1(b8.1.1(b); (f) for each cargo: (i) the loading terminal if changed from Driftwood LNG Terminal pursuant to Section ‎3.1.2; (ii) the LNG Tanker (if specified by Buyer); (iiiii) the Scheduled Cargo Quantity, if any, Quantity specified in the notice sent by Buyer pursuant to Section ‎8.1.28.1.2; (iii) the proposed Delivery Window; and (iv) the proposed Delivery WindowDischarge Terminal specified in the notice sent by Buyer pursuant to Section 8.1.2, subject to such Discharge Terminal complying with Section 26.1; and (g) any other information that may affect annual scheduling.

Programming Information. 8.1.1 No later than one hundred eighty (180) Days before the start of each Contract Year, Seller shall provide Buyer with: (a) Seller’s good faith estimate of the Gross Heating Value of LNG to be delivered during such Contract Year; and (b) the Major Scheduled Maintenance Quantity for such Contract Year, if any. 8.1.2 No later than one hundred ten (110) Days before the start of each Contract Year, Buyer shall notify Seller of Buyer’s proposed schedule of receipt of LNG cargoes for each Month of such Contract Year. Such schedule shall identify sufficient proposed LNG cargoes in order to schedule the full AACQ, and such AACQ shall be distributed across the Contract Year in accordance with Section ‎5.3. Buyer’s notice shall include the following information: (a) the LNG Tanker (if known) for each proposed LNG cargo; (b) the Scheduled Cargo Quantity for each proposed LNG cargo; (c) the proposed Delivery Window for each LNG cargo; (d) Buyer’s request (if any) for a Round-Up Quantity for such Contract Year; and (e) any other information that may affect annual scheduling. Buyer shall also inform Seller of any anticipated periods for maintenance to be conducted with respect to the LNG Tankers identified in (a) above. 8.1.3 Seller shall call a scheduling meeting of Seller and Buyer and, at Seller’s election, other Driftwood buyers to occur no earlier than one hundred (100) Days before the start of each Contract Year and no later than ninety (90) Days before the start of such Contract Year, by providing at least ten (10) Days’ advance notice thereof. During such meeting, Seller and Buyer shall discuss in good faith Buyer’s proposed schedule of receipt of LNG cargoes notified by Buyer to Seller pursuant to Section ‎‎8.1.2 and, as applicable, other Driftwood buyers’ proposed schedules. Unless otherwise agreed by Seller and Buyer, the meeting will be held by videoconference. Any terms proposed, discussed or determined at such meeting shall not be binding on either Party except to the extent included in the Annual Delivery Program promulgated by Seller pursuant to Section ‎8.2. 8.1.4 Seller will then notify Buyer no later than eighty-five (85) Days before the start of such Contract Year of Seller’s proposed schedule of LNG cargoes to be made available in each Month of such Contract Year, exercising reasonable efforts to adopt Buyer’s proposed schedule of receipts requested in accordance with Section ‎8.1.2; provided that (x) if Buyer fails to deliver the notice according to Section ‎8.1.2, Seller may nevertheless propose a schedule according to the terms of this Section ‎8.1.3‎8.1.4, and (y) Seller shall have the right to modify Buyer’s proposed schedule to the extent required to ensure that the entire AACQ is scheduled and to comply with the other requirements of this Agreement, including the terms of Section ‎5.3. Such notice shall include the following information: (a) the proposed AACQ for the Contract Year; (b) the proposed Round-Up Quantity (if any) or Round-Down Quantity (if any) for the Contract Year; (c) any Round-Down Quantity not taken in the previous Contract Year and carried forward to the current Contract Year; (d) any Round-Up Quantity taken in the previous Contract Year and carried forward as a deduction in the current Contract Year; (e) the Major Scheduled Maintenance Quantity (if any) for the Contract Year identified by Seller pursuant to Section ‎8.1.1(b); (f) for each LNG cargo: (i) the loading terminal if changed from Driftwood LNG Terminal pursuant to Section ‎3.1.2; (ii) the LNG Tanker (if specified by Buyer); (iii) the Scheduled Cargo Quantity, if any, specified in the notice sent by Buyer pursuant to Section ‎8.1.2; and (iv) the proposed Delivery Window; and (g) any other information that may affect annual scheduling.