Common use of Release of Unloading and Regasification Slots Clause in Contracts

Release of Unloading and Regasification Slots. 5.2.1 The User may transfer its right to use an Unloading and Regasification Slot to an Other User (including a Person which meets the requirements to be a Terminal User as published by the Operator from time to time and which becomes an Other User by entering into a terminal use agreement with the Operator prior to the transfer) on or before the date which is twenty (20) days prior to the first day of such Unloading and Regasification Slot. Any transfer of a User’s right to use an Unloading and Regasification Slot shall be subject to the consent of the Operator, who may refuse such consent only for good cause, provided that the User shall not be entitled to transfer its right to use an Unloading and Regasification Slot to any Person which does not meet the requirements to be a Terminal User as published by the Operator from time to time or which has not executed a terminal use agreement with the Operator prior to the transfer and any purported transfer in breach of these requirements shall be deemed to be void and of no force or effect. 5.2.2 If a User wishes to transfer its right to use an Unloading and Regasification Slot, it shall promptly notify the Operator and the Operator shall inform all Other Users. On or before the day which is twenty (20) days prior to the first day of each Unloading and Regasification Slot, the User shall notify the Operator whether it or any Other User will or will not use such Unloading and Regasification Slot, provided that the User shall use all commercially reasonable endeavours to ensure that such Unloading and Regasification Slot is used in the interests of the security of supply of Gas into Germany. If the User does not make a notification to the Operator in accordance with Clause 5.2.1, the User shall be deemed to have notified the Operator that it will not use such Unloading and Regasification Slot. 5.2.3 If the User has notified the Operator that it will not use such Unloading and Regasification Slot, or if the User is deemed to have so notified the Operator, pursuant to Clause 5.2.2 then, on or before the day which is nineteen (19) days prior to the first day of such Unloading and Regasification Slot, the Operator shall make publicly available the details of such Unloading and Regasification Slot and, on and from the day which is eighteen (18) days prior to the first day of such Unloading and Regasification Slot, such Unloading and Regasification Slot shall be made available by the Operator subject to a transparent and non-discriminatory procedure determined by the Operator in accordance with Applicable Law. The User shall not market, or offer to transfer its rights to, such Unloading and Regasification Slot during the period commencing on the day on which the Operator made publicly available the details of such Unloading and Regasification Slot and ending on the day which is three (3) days after the day on which the Operator made publicly available the details of such Unloading and Regasification Slot. 5.2.4 If an Unloading and Regasification Slot: (a) is transferred by the User pursuant to Clause 5.2.1 or is reallocated by the Operator pursuant to Clause 5.2.3, the transferee shall assume the rights and obligations of the User in respect thereof and such Unloading and Regasification Slot shall be deemed to have been deleted from Schedule 1 (Allocated Unloading and Regasification Slots) of this Agreement; or (b) has not been reallocated by the Operator to an Other User on or before the day which is three (3) days after the day on which the Operator made publicly available the details of such Unloading and Regasification Slot, such Unloading and Regasification Slot shall be deemed not to have been transferred and shall be returned to the User and Clause 5.2.6 shall apply. 5.2.5 If such Unloading and Regasification Slot is returned to the User pursuant to Clause 5.2.4(b), the User may transfer its right to use such Unloading and Regasification Slot to an Other User on or before the day which is five (5) days prior to the first day of such Unloading and Regasification Slot. If the User makes such a transfer, the transferee shall assume the rights and obligations of the User in respect thereof and such Unloading and Regasification Slot shall be deemed to have been deleted from Schedule 1 (Allocated Unloading and Regasification Slots) of this Agreement. 5.2.6 If the User does not transfer its rights to use such Unloading and Regasification Slot in accordance with Clause 5.2.1 or Clause 5.2.5 and the Operator is not able to reallocate the relevant Unloading and Regasification Slot pursuant to Clause 5.2.3, the User shall remain liable for all obligations and liabilities arising out of or in connection with such Unloading and Regasification Slot (including the obligation to pay the Gas Throughput Charge pursuant to Clause 4.1.2), and the User shall (in addition to the Gas Throughput Charges) pay to the Operator in accordance with Clause 11 an amount in respect of each such unused Unloading and Regasification Slot calculated as follows: 30% x AQ x GTC Where: ‘AQ’ is the assumed quantity of three million eight hundred thousand (3,800,000) MMBtu (which is approximately equal to an assumed cargo size of one hundred sixty thousand cubic meters (160,000 m3)). ‘GTC’ is the Gas Throughput Charge for such Unloading and Regasification Slot set out in Schedule 1 (Allocated Unloading and Regasification Slots).

Release of Unloading and Regasification Slots. 5.2.1 5.3.1 The User may transfer its right to use an Unloading and Regasification Slot to an Other User (including a Person which meets the requirements to be a Terminal User as published by the Operator from time to time and which becomes an Other User by entering into a terminal use agreement with the Operator prior to the transfer) on or before the date which is twenty (20) days prior to the first day of such Unloading and Regasification Slot. Any transfer of a User’s right to use an Unloading and Regasification Slot shall be subject to the consent of the Operator, who may refuse such consent only for good cause, provided that the User shall not be entitled to transfer its right to use an Unloading and Regasification Slot to any Person which does not meet the requirements to be a Terminal User as published by the Operator from time to time or which has not executed a terminal use agreement with the Operator prior to the transfer and any purported transfer in breach of these requirements shall be deemed to be void and of no force or effect. 5.2.2 5.3.2 If a User wishes to transfer its right to use an Unloading and Regasification Slot, it shall promptly notify the Operator and the Operator shall inform all Other Users. On or before the day which is twenty (20) days prior to the first day of each Unloading and Regasification Slot, the User shall notify the Operator whether it or any Other User will or will not use such Unloading and Regasification Slot, provided that the User shall use all commercially reasonable endeavours to ensure that such Unloading and Regasification Slot is used in the interests of the security of supply of Gas into Germany. If the User does not make a notification to the Operator in accordance with this Clause 5.2.15.3.2, the User shall be deemed to have notified the Operator that it will not use such Unloading and Regasification Slot. 5.2.3 5.3.3 If the User has notified the Operator that it will not use such Unloading and Regasification Slot, or if the User is deemed to have so notified the Operator, pursuant to Clause 5.2.2 5.3.2 then, on or before the day which is nineteen (19) days prior to the first day of such Unloading and Regasification Slot, the Operator shall make publicly available the details of such Unloading and Regasification Slot and, on and from the day which is eighteen (18) days prior to the first day of such Unloading and Regasification Slot, such Unloading and Regasification Slot shall be made available by the Operator subject to a transparent and non-discriminatory procedure determined by the Operator in accordance with Applicable Law. The User shall not market, or offer to transfer its rights to, such Unloading and Regasification Slot during the period commencing on the day on which the Operator made publicly available the details of such Unloading and Regasification Slot and ending on the day which is three (3) days after the day on which the Operator made publicly available the details of such Unloading and Regasification Slot. 5.2.4 5.3.4 If an Unloading and Regasification Slot: (a) is transferred by the User pursuant to Clause 5.2.1 5.3.1 or is reallocated by the Operator pursuant to Clause 5.2.35.3.3, the transferee shall assume the rights and obligations of the User in respect thereof and such Unloading and Regasification Slot shall be deemed to have been deleted from Schedule 1 (Allocated Unloading and Regasification Slots) of this Agreement; or (b) has not been reallocated by the Operator to an Other User on or before the day which is three (3) days after the day on which the Operator made publicly available the details of such Unloading and Regasification Slot, such Unloading and Regasification Slot shall be deemed not to have been transferred and shall be returned to the User and Clause 5.2.6 5.3.6 shall apply. 5.2.5 5.3.5 If such Unloading and Regasification Slot is returned to the User pursuant to Clause 5.2.4(b5.3.4(b), the User may transfer its right to use such Unloading and Regasification Slot to an Other User on or before the day which is five (5) days prior to the first day of such Unloading and Regasification Slot. If the User makes such a transfer, the transferee shall assume the rights and obligations of the User in respect thereof and such Unloading and Regasification Slot shall be deemed to have been deleted from Schedule 1 (Allocated Unloading and Regasification Slots) of this Agreement. 5.2.6 5.3.6 If the User does not transfer its rights to use such Unloading and Regasification Slot in accordance with Clause 5.2.1 5.3.1 or Clause 5.2.5 5.3.5 and the Operator is not able to reallocate the relevant Unloading and Regasification Slot pursuant to Clause 5.2.35.3.3, the User shall remain liable for all obligations and liabilities arising out of or in connection with such Unloading and Regasification Slot (including the obligation to pay the Gas Throughput Charge pursuant to Clause 4.1.2), and the User shall (in addition to the Gas Throughput Charges) pay to the Operator in accordance with Clause 11 an amount in respect of each such unused Unloading and Regasification Slot calculated as follows: 30% x AQ x GTC Where: ‘AQ’ is the assumed quantity of three million eight six hundred thousand (3,800,0003,600,000) MMBtu (which is approximately equal to an assumed cargo size of one hundred sixty thousand cubic meters (160,000 m3))MMBtu. ‘GTC’ is the Gas Throughput Charge for such Unloading and Regasification Slot set out in Schedule 1 (Allocated Unloading and Regasification Slots).

Release of Unloading and Regasification Slots. 5.2.1 5.3.1 The User may transfer its right to use an Unloading and Regasification Slot to an Other User (including a Person which meets the requirements to be a Terminal User as published by the Operator from time to time and which becomes an Other User by entering into a terminal use agreement with the Operator prior to the transfer) on or before the date which is twenty (20) days prior to the first day of such Unloading and Regasification Slot. Any transfer of a User’s right to use an Unloading and Regasification Slot shall be subject to the consent of the Operator, who may refuse such consent only for good cause, provided that the User shall not be entitled to transfer its right to use an Unloading and Regasification Slot to any Person which does not meet the requirements to be a Terminal User as published by the Operator from time to time or which has not executed a terminal use agreement with the Operator prior to the transfer and any purported transfer in breach of these requirements shall be deemed to be void and of no force or effect. 5.2.2 5.3.2 If a User wishes to transfer its right to use an Unloading and Regasification Slot, it shall promptly notify the Operator and the Operator shall inform all Other Users. On or before the day which is twenty (20) days prior to the first day of each Unloading and Regasification Slot, the User shall notify the Operator whether it or any Other User will or will not use such Unloading and Regasification Slot, provided that the User shall use all commercially reasonable endeavours to ensure that such Unloading and Regasification Slot is used in the interests of the security of supply of Gas into Germany. If the User does not make a notification to the Operator in accordance with this Clause 5.2.15.3.2, the User shall be deemed to have notified the Operator that it will not use such Unloading and Regasification Slot. 5.2.3 5.3.3 If the User has notified the Operator that it will not use such Unloading and Regasification Slot, or if the User is deemed to have so notified the Operator, pursuant to Clause 5.2.2 5.3.2 then, on or before the day which is nineteen (19) days prior to the first day of such Unloading and Regasification Slot, the Operator shall make publicly available the details of such Unloading and Regasification Slot and, on and from the day which is eighteen (18) days prior to the first day of such Unloading and Regasification Slot, such Unloading and Regasification Slot shall be made available by the Operator subject to a transparent and non-discriminatory procedure determined by the Operator in accordance with Applicable Law. The User shall not market, or offer to transfer its rights to, such Unloading and Regasification Slot during the period commencing on the day on which the Operator made publicly available the details of such Unloading and Regasification Slot and ending on the day which is three (3) days after the day on which the Operator made publicly available the details of such Unloading and Regasification Slot. 5.2.4 5.3.4 If an Unloading and Regasification Slot: (a) is transferred by the User pursuant to Clause 5.2.1 5.3.1 or is reallocated by the Operator pursuant to Clause 5.2.35.3.3, the transferee shall assume the rights and obligations of the User in respect thereof and such Unloading and Regasification Slot shall be deemed to have been deleted from Schedule 1 (Allocated Unloading and Regasification Slots) of this Agreement; or (b) has not been reallocated by the Operator to an Other User on or before the day which is three (3) days after the day on which the Operator made publicly available the details of such Unloading and Regasification Slot, such Unloading and Regasification Slot shall be deemed not to have been transferred and shall be returned to the User and Clause 5.2.6 5.3.6 shall apply. 5.2.5 5.3.5 If such Unloading and Regasification Slot is returned to the User pursuant to Clause 5.2.4(b5.3.4(b), the User may transfer its right to use such Unloading and Regasification Slot to an Other User on or before the day which is five (5) days prior to the first day of such Unloading and Regasification Slot. If the User makes such a transfer, the transferee shall assume the rights and obligations of the User in respect thereof and such Unloading and Regasification Slot shall be deemed to have been deleted from Schedule 1 (Allocated Unloading and Regasification Slots) of this Agreement. 5.2.6 5.3.6 If the User does not transfer its rights to use such Unloading and Regasification Slot in accordance with Clause 5.2.1 5.3.1 or Clause 5.2.5 5.3.5 and the Operator is not able to reallocate the relevant Unloading and Regasification Slot pursuant to Clause 5.2.35.3.3, the User shall remain liable for all obligations and liabilities arising out of or in connection with such Unloading and Regasification Slot (including the obligation to pay the Gas Throughput Charge pursuant to Clause 4.1.2), and the User shall (in addition to the Gas Throughput Charges) pay to the Operator in accordance with Clause 11 an amount in respect of each such unused Unloading and Regasification Slot calculated as follows: 30% x AQ x GTC Where: ‘AQ’ is the assumed quantity of three million eight hundred thousand (3,800,000) MMBtu (which is approximately equal to an assumed cargo size of one hundred sixty thousand cubic meters (160,000 m3)). ‘GTC’ is the Gas Throughput Charge for such Unloading and Regasification Slot set out in Schedule 1 (Allocated Unloading and Regasification Slots).

Release of Unloading and Regasification Slots. 5.2.1 5.3.1 The User may transfer its right to use an Unloading and Regasification Slot to an Other User (including a Person which meets the requirements to be a Terminal User as published by the Operator from time to time and which becomes an Other User by entering into a terminal use agreement with the Operator prior to the transfer) on or before the date which is twenty (20) days prior to the first day of such Unloading and Regasification Slot. Any transfer of a the User’s right to use an Unloading and Regasification Slot shall be subject to the consent of the Operator, who may refuse such consent only for good cause, provided that the User shall not be entitled to transfer its right to use an Unloading and Regasification Slot to any Person which does not meet the requirements to be a Terminal User as published by the Operator from time to time or which has not executed a terminal use agreement with the Operator prior to the transfer and any purported transfer in breach of these requirements shall be deemed to be void and of no force or effect. 5.2.2 5.3.2 If a the User wishes to transfer its right to use an Unloading and Regasification Slot, it shall promptly notify the Operator and the Operator shall inform all Other Users. On or before the day which is twenty (20) days prior to the first day of each Unloading and Regasification Slot, the User shall notify the Operator whether it or any Other User will or will not use such Unloading and Regasification Slot, provided that the User shall use all commercially reasonable endeavours to ensure that such Unloading and Regasification Slot is used in the interests of the security of supply of Gas into Germany. If the User does not make a notification to the Operator in accordance with this Clause 5.2.15.3.2, the User shall be deemed to have notified the Operator that it will not use such Unloading and Regasification Slot.Slot.‌ 5.2.3 5.3.3 If the User has notified the Operator that it will not use such Unloading and Regasification Slot on or before the day which is twenty (20) days prior to the first day of such Unloading and Regasification Slot, or if the User is deemed to have so notified the Operator, pursuant to Clause 5.2.2 5.3.2, then, on or before the day which is nineteen (19) days prior to the first day of such Unloading and Regasification Slot, the Operator shall make publicly available the details of such Unloading and Regasification Slot and, on and from the day which is eighteen (18) days prior to the first day of such Unloading and Regasification Slot, such Unloading and Regasification Slot shall be made available by the Operator subject to a transparent and non-discriminatory procedure determined by the Operator in accordance with Applicable Law. The User shall not market, or offer to transfer its rights to, such Unloading and Regasification Slot during the period commencing on the day on which the Operator made publicly available the details of such Unloading and Regasification Slot and ending on the day which is three (3) days after the day on which the Operator made publicly available the details of such Unloading and Regasification Slot. 5.2.4 5.3.4 If an Unloading and Regasification Slot: (a) is transferred by the User pursuant to Clause 5.2.1 5.3.1 or is reallocated by the Operator pursuant to Clause 5.2.35.3.3, the transferee shall assume the rights and obligations of the User in respect thereof and such Unloading and Regasification Slot shall be deemed to have been deleted from Schedule 1 (Allocated Unloading and Regasification Slots) of this Agreement; or (b) has not been reallocated by the Operator to an Other User on or before the day which is three (3) days after the day on which the Operator made publicly available the details of such Unloading and Regasification Slot, such Unloading and Regasification Slot shall be deemed not to have been transferred and shall be returned to the User and Clause 5.2.6 5.3.6 shall apply. 5.2.5 5.3.5 If such Unloading and Regasification Slot is returned to the User pursuant to Clause 5.2.4(b5.3.4(b), the User may transfer its right to use such Unloading and Regasification Slot to an Other User on or before the day which is five (5) days prior to the first day of such Unloading and Regasification Slot. If the User makes such a transfer, the transferee shall assume the rights and obligations of the User in respect thereof and such Unloading and Regasification Slot shall be deemed to have been deleted from Schedule 1 (Allocated Unloading and Regasification Slots) of this Agreement. 5.2.6 5.3.6 If the User does not transfer its rights to use such Unloading and Regasification Slot in accordance with Clause 5.2.1 5.3.1 or Clause 5.2.5 5.3.5 and the Operator is not able to reallocate the relevant Unloading and Regasification Slot pursuant to Clause 5.2.35.3.3, the User shall remain liable for all obligations and liabilities arising out of or in connection with such Unloading and Regasification Slot (including the obligation to pay the Gas Throughput Charge pursuant to Clause 4.1.2), and the User shall (in addition to the Gas Throughput Charges) pay to the Operator in accordance with Clause 11 an amount in respect of each such unused Unloading and Regasification Slot calculated as follows: 30% x AQ x GTC Where: ‘AQ’ is the assumed quantity of three million eight hundred thousand (3,800,000) MMBtu (which is approximately equal to an assumed cargo size of one hundred sixty thousand cubic meters (160,000 m3)). ‘GTC’ is the Gas Throughput Charge for such Unloading and Regasification Slot set out in Schedule 1 (Allocated Unloading and Regasification Slots).

Release of Unloading and Regasification Slots. 5.2.1 5.3.1 The User may transfer its right to use an Unloading and Regasification Slot to an Other User (including a Person which meets the requirements to be a Terminal User as published by the Operator from time to time and which becomes an Other User by entering into a terminal use agreement with the Operator prior to the transfer) on or before the date which is twenty (20) days prior to the first day of such Unloading and Regasification Slot. Any transfer of a the User’s right to use an Unloading and Regasification Slot shall be subject to the consent of the Operator, who may refuse such consent only for good cause, provided that the User shall not be entitled to transfer its right to use an Unloading and Regasification Slot to any Person which does not meet the requirements to be a Terminal User as published by the Operator from time to time or which has not executed a terminal use agreement with the Operator prior to the transfer and any purported transfer in breach of these requirements shall be deemed to be void and of no force or effect. 5.2.2 5.3.2 If a the User wishes to transfer its right to use an Unloading and Regasification Slot, it shall promptly notify the Operator and the Operator shall inform all Other Users. On or before the day which is twenty (20) days prior to the first day of each Unloading and Regasification Slot, the User shall notify the Operator whether it or any Other User will or will not use such Unloading and Regasification Slot, provided that the User shall use all commercially reasonable endeavours to ensure that such Unloading and Regasification Slot is used in the interests of the security of supply of Gas into Germany. If the User does not make a notification to the Operator in accordance with this Clause 5.2.15.3.2, the User shall be deemed to have notified the Operator that it will not use such Unloading and Regasification Slot. 5.2.3 5.3.3 If the User has notified the Operator that it will not use such Unloading and Regasification Slot on or before the day which is twenty (20) days prior to the first day of such Unloading and Regasification Slot, or if the User is deemed to have so notified the Operator, pursuant to Clause 5.2.2 5.3.2, then, on or before the day which is nineteen (19) days prior to the first day of such Unloading and Regasification Slot, the Operator shall make publicly available the details of such Unloading and Regasification Slot and, on and from the day which is eighteen (18) days prior to the first day of such Unloading and Regasification Slot, such Unloading and Regasification Slot shall be made available by the Operator subject to a transparent and non-discriminatory procedure determined by the Operator in accordance with Applicable Law. The User shall not market, or offer to transfer its rights to, such Unloading and Regasification Slot during the period commencing on the day on which the Operator made publicly available the details of such Unloading and Regasification Slot and ending on the day which is three (3) days after the day on which the Operator made publicly available the details of such Unloading and Regasification Slot. 5.2.4 5.3.4 If an Unloading and Regasification Slot: (a) is transferred by the User pursuant to Clause 5.2.1 5.3.1 or is reallocated by the Operator pursuant to Clause 5.2.35.3.3, the transferee shall assume the rights and obligations of the User in respect thereof and such Unloading and Regasification Slot shall be deemed to have been deleted from Schedule 1 (Allocated Unloading and Regasification Slots) of this Agreement; or (b) has not been reallocated by the Operator to an Other User on or before the day which is three (3) days after the day on which the Operator made publicly available the details of such Unloading and Regasification Slot, such Unloading and Regasification Slot shall be deemed not to have been transferred and shall be returned to the User and Clause 5.2.6 5.3.6 shall apply. 5.2.5 5.3.5 If such Unloading and Regasification Slot is returned to the User pursuant to Clause 5.2.4(b5.3.4(b), the User may transfer its right to use such Unloading and Regasification Slot to an Other User on or before the day which is five (5) days prior to the first day of such Unloading and Regasification Slot. If the User makes such a transfer, the transferee shall assume the rights and obligations of the User in respect thereof and such Unloading and Regasification Slot shall be deemed to have been deleted from Schedule 1 (Allocated Unloading and Regasification Slots) of this Agreement. 5.2.6 5.3.6 If the User does not transfer its rights to use such Unloading and Regasification Slot in accordance with Clause 5.2.1 5.3.1 or Clause 5.2.5 5.3.5 and the Operator is not able to reallocate the relevant Unloading and Regasification Slot pursuant to Clause 5.2.35.3.3, the User shall remain liable for all obligations and liabilities arising out of or in connection with such Unloading and Regasification Slot (including the obligation to pay the Gas Throughput Charge pursuant to Clause 4.1.2), and the User shall (in addition to the Gas Throughput Charges) pay to the Operator in accordance with Clause 11 an amount in respect of each such unused Unloading and Regasification Slot calculated as follows: 30% x AQ x GTC Where: ‘AQ’ is the assumed quantity of three million eight hundred thousand (3,800,000) MMBtu (which is approximately equal to an assumed cargo size of one hundred sixty thousand cubic meters (160,000 m3)). ‘GTC’ is the Gas Throughput Charge for such Unloading and Regasification Slot set out in Schedule 1 (Allocated Unloading and Regasification Slots).

Release of Unloading and Regasification Slots. 5.2.1 ‌ 5.3.1 The User may transfer its right to use an Unloading and Regasification Slot to an Other User (including a Person which meets the requirements to be a Terminal User as published by the Operator from time to time and which becomes an Other User by entering into a terminal use agreement with the Operator prior to the transfer) on or before the date which is twenty (20) days prior to the first day of such Unloading and Regasification Slot. Any transfer of a the User’s right to use an Unloading and Regasification Slot shall be subject to the consent of the Operator, who may refuse such consent only for good cause, provided that the User shall not be entitled to transfer its right to use an Unloading and Regasification Slot to any Person which does not meet the requirements to be a Terminal User as published by the Operator from time to time or which has not executed a terminal use agreement with the Operator prior to the transfer and any purported transfer in breach of these requirements shall be deemed to be void and of no force or effect. 5.2.2 5.3.2 If a the User wishes to transfer its right to use an Unloading and Regasification Slot, it shall promptly notify the Operator and the Operator shall inform all Other Users. On or before the day which is twenty (20) days prior to the first day of each Unloading and Regasification Slot, the User shall notify the Operator whether it or any Other User will or will not use such Unloading and Regasification Slot, provided that the User shall use all commercially reasonable endeavours to ensure that such Unloading and Regasification Slot is used in the interests of the security of supply of Gas into Germany. If the User does not make a notification to the Operator in accordance with this Clause 5.2.15.3.2, the User shall be deemed to have notified the Operator that it will not use such Unloading and Regasification Slot. 5.2.3 5.3.3 If the User has notified the Operator that it will not use such Unloading and Regasification Slot on or before the day which is twenty (20) days prior to the first day of such Unloading and Regasification Slot, or if the User is deemed to have so notified the Operator, pursuant to Clause 5.2.2 5.3.2, then, on or before the day which is nineteen (19) days prior to the first day of such Unloading and Regasification Slot, the Operator shall make publicly available the details of such Unloading and Regasification Slot and, on and from the day which is eighteen (18) days prior to the first day of such Unloading and Regasification Slot, such Unloading and Regasification Slot shall be made available by the Operator subject to a transparent and non-discriminatory procedure determined by the Operator in accordance with Applicable Law. The User shall not market, or offer to transfer its rights to, such Unloading and Regasification Slot during the period commencing on the day on which the Operator made publicly available the details of such Unloading and Regasification Slot and ending on the day which is three (3) days after the day on which the Operator made publicly available the details of such Unloading and Regasification Slot. 5.2.4 5.3.4 If an Unloading and Regasification Slot: (a) is transferred by the User pursuant to Clause 5.2.1 5.3.1 or is reallocated by the Operator pursuant to Clause 5.2.35.3.3, the transferee shall assume the rights and obligations of the User in respect thereof and such Unloading and Regasification Slot shall be deemed to have been deleted from Schedule 1 (Allocated Unloading and Regasification Slots) of this Agreement; or (b) has not been reallocated by the Operator to an Other User on or before the day which is three (3) days after the day on which the Operator made publicly available the details of such Unloading and Regasification Slot, such Unloading and Regasification Slot shall be deemed not to have been transferred and shall be returned to the User and Clause 5.2.6 5.3.6 shall apply. 5.2.5 5.3.5 If such Unloading and Regasification Slot is returned to the User pursuant to Clause 5.2.4(b5.3.4(b), the User may transfer its right to use such Unloading and Regasification Slot to an Other User on or before the day which is five (5) days prior to the first day of such Unloading and Regasification Slot. If the User makes such a transfer, the transferee shall assume the rights and obligations of the User in respect thereof and such Unloading and Regasification Slot shall be deemed to have been deleted from Schedule 1 (Allocated Unloading and Regasification Slots) of this Agreement. 5.2.6 5.3.6 If the User does not transfer its rights to use such Unloading and Regasification Slot in accordance with Clause 5.2.1 5.3.1 or Clause 5.2.5 5.3.5 and the Operator is not able to reallocate the relevant Unloading and Regasification Slot pursuant to Clause 5.2.35.3.3, the User shall remain liable for all obligations and liabilities arising out of or in connection with such Unloading and Regasification Slot (including the obligation to pay the Gas Throughput Charge pursuant to Clause 4.1.2), and the User shall (in addition to the Gas Throughput Charges) pay to the Operator in accordance with Clause 11 an amount in respect of each such unused Unloading and Regasification Slot calculated as follows: 30% x AQ x GTC Where: ‘AQ’ is the assumed quantity of three million eight hundred thousand (3,800,000) MMBtu (which is approximately equal to an assumed cargo size of one hundred sixty thousand cubic meters (160,000 m3)). ‘GTC’ is the Gas Throughput Charge for such Unloading and Regasification Slot set out in Schedule 1 (Allocated Unloading and Regasification Slots).