Common use of Use It Or Lose It Clause in Contracts

Use It Or Lose It. (a) The Spot Capacity Fees under this Agreement are applicable irrespective of whether or not Spot Cargo User utilizes the Spot Cargo Service to the full extent set out in clause 5.1(b). (b) If the Spot Cargo User elects not to use its Spot LNG Cargo Slot then its Spot Daily Planned Sendout will be released as well. (c) If the Spot Cargo User elects to use its Spot LNG Cargo Slot, but not all of its Spot Daily Planned Sendout then the Spot Cargo User shall release its rights to the unused portion of the Spot Daily Planned Sendout. (d) Spot Cargo User has the right to assign part or all of its Spot Daily Planned Sendout. Such assignment of Spot Daily Planned ▇▇▇▇▇▇▇ will be pursuant to a Capacity Exchange Agreement entered into in accordance with clause 11.3. (e) Terminal Operator is entitled to market any unused capacity pursuant to the Terminal Access Code. Terminal Operator will be paid an administrative service fee by the Spot Cargo User for reselling of unused capacity, such fee (“Administrative Fee”) to be deducted from any reimbursement of fees due to Spot Cargo User under clause 6.3(g). (f) If Terminal Operator is able to resell the portion of the released Spot LNG Cargo Slot, as per clause 6.3(b), then Terminal Operator will reimburse accordingly the Spot Cargo User for the pro rata portion of the Spot LNG Cargo Slot sourced to another User, less the Administrative Fee, by providing an invoice setting out the gross amount of reimbursed Spot Capacity Fees (less the gross amount of the Administrative Fee). (g) If, with regard to any Day, after selling all Unreserved Capacity and the Long-Term Users’ Unused Capacity, if any, Terminal Operator is able to resell any unused portion of the Spot Daily Planned Sendout, as per clause 6.3(c), then Terminal Operator will reimburse accordingly the Spot Cargo User for the pro rata portion of such unused portion of the Spot Daily Planned Sendout sold to another User, less the Administrative Fee, by providing an invoice setting out the gross amount of reimbursed Spot Capacity Fees (less the gross amount of the Administrative Fee).