Common use of Annual Program Clause in Contracts

Annual Program. (a) On or before June 15 preceding each Fixed Quantity Period Seller shall notify Buyer of the current estimate of the BTU content of each Cargo to be delivered in such Fixed Quantity Period based to the extent practicable on recent operating experience. Not later than ninety (90) days prior to the beginning of each calendar year, Seller shall give written notice to Buyer of the anticipated quantities of LNG to be available for delivery hereunder from Seller's Facilities in each calendar quarter of the next calendar year, taking into consideration the projected capacity of Seller's Facilities. On or before October 15 of each year in which such notice is given, Buyer shall advise Seller in writing of the quantities Buyer wishes to take during each calendar quarter of the following year, specifying the amount of any Make-Up LNG requested pursuant to Section 7.5, and any Restoration Quantities in excess of Fixed Quantities requested pursuant to Section 7.6(a), and, if known by Buyer, any Allowance it intends to exercise. In addition, by October 15 of each year, Buyer shall request any Make-Good LNG pursuant to Section 7.3(d)(iv). The Parties shall thereupon consult together regarding a programming schedule of quantities to be delivered to Buyer's Facilities during each calendar month during the following year. Thereafter, Seller shall issue by December 1 of the same year a programming schedule ("Annual Program"), which shall take into consideration the anticipated capacity of the Parties' respective facilities, the Coordinated Maintenance Schedule and the shipping schedules. Such Annual Program and the Ninety-Day Schedules referred to below (and any revisions thereof) are intended to assist the Parties in planning their respective operations during the periods involved. The content of the Annual Program and Ninety-Day Schedules shall not reduce the entitlement of any Party during any Fixed Quantity Period to sell, deliver and be paid for, or to purchase and receive, as the case may be, the quantities of LNG required under Article 7 to be sold, delivered and paid for during such Fixed Quantity Period. The Parties will each take all appropriate steps to carry out each Annual Program and Ninety-Day Schedule. 45 (b) An Annual Program shall be amended to reflect a request for: (i) Make-Up LNG relating to a Take-or-Pay Quantity paid for in respect of the immediately preceding year; (ii) Make-Good LNG relating to an Allowance exercised in respect of the immediately preceding year; or (iii) Restoration Quantities relating to a Force Majeure Deficiency arising in respect of the immediately preceding year; provided that the requested LNG and the necessary transportation are available and such request is received by Seller not later than January 15 of the year to which such Annual Program relates.

Annual Program. (a) On or before June 15 preceding each Fixed Quantity Period Seller shall notify Buyer of the current estimate of the BTU content of each Cargo to be delivered in such Fixed Quantity Period based to the extent practicable on recent operating experience. Not later than ninety (90) days prior to the beginning of each calendar year, Seller shall give written notice to Buyer Buyers of the anticipated quantities of LNG to be available for delivery hereunder from Seller's Facilities the Badak Facility in each calendar quarter of the next calendar year, taking into consideration the projected capacity of Seller's Facilitiesthe Badak Facility. On or before October 15 of each year in which such notice is given, each Buyer shall advise Seller in writing of the quantities such Buyer wishes to take during each calendar quarter of the following year, specifying the amount of any Make-Up LNG requested pursuant to Section 7.5, 7.5 and any Restoration Quantities in excess of Fixed Quantities requested pursuant to Section 7.6(a), and, if known by Buyer, any Allowance it intends to exercise. In addition, by October 15 of each year, Buyer Buyers' Coordinator shall request any Make-Good LNG pursuant to Section 7.3(d)(iv7.3(d). The Parties Seller and Buyers shall thereupon consult together regarding and agree by December 1 of the same year upon a programming schedule of quantities to be delivered to Buyer's Facilities each Receiving Facility during each calendar month during the following year. Thereafter, Seller shall issue by December 1 of year (the same year a programming schedule ("Annual Program"), which shall take into consideration the anticipated capacity of the Partiesparties' respective facilities, the Coordinated Maintenance Schedule and the shipping schedules. Such Annual Program and the Ninety-Day Schedules referred to below (and any revisions thereof) are intended to assist the Parties parties in planning their respective operations during the periods involved. The content of the Annual Program and Ninety-Day Schedules shall not reduce the entitlement of any Party party during any Fixed Quantity Period to sell, deliver and be paid for, or to purchase and receive, as the case may be, the quantities of LNG required under Article 7 to be sold, delivered and paid for during such Fixed Quantity Period. The Parties Seller and Buyers will each take all appropriate steps to carry out each Annual Program and Ninety-Day Schedule. 45. (b) An Annual Program shall be amended to reflect a request forfor : (i) Make-Good LNG relating to an Allowance exercised in respect of the immediately preceding year; (ii) Make-Up LNG relating to a Take-or-Pay Quantity paid for in respect of the immediately preceding year; (ii) Make-Good LNG relating to an Allowance exercised in respect of the immediately preceding year; or (iii) Restoration Quantities relating to a Force Majeure Deficiency arising in respect of the immediately preceding year; provided that the requested LNG and the necessary transportation are available and such request is received by Seller not later than January 15 of the year to which such Annual Program relates.