IN SO DOING,
AND IN THE GENERAL CONDUCT OF ITS UNDERTAKING, EXERCISING THAT DEGREE OF SKILL,
DILIGENCE, PRUDENCE AND FORESIGHT WHICH WOULD REASONABLY AND ORDINARILY BE
EXPECTED FROM A SKILLED AND EXPERIENCED OPERATOR ENGAGED IN THE SAME TYPE OF
UNDERTAKING UNDER THE SAME OR SIMILAR CIRCUMSTANCES AND CONDITIONS.
1.74
"RECEIPT POINT" MEANS THE POINT AT THE SABINE PASS
FACILITY AT WHICH THE FLANGE COUPLING OF THE SABINE PASS FACILITY'S RECEIVING
LINE JOINS THE FLANGE COUPLING OF THE LNG UNLOADING MANIFOLD ON BOARD AN LNG
VESSEL.
1.75
"REGASIFIED LNG" MEANS GAS DERIVED FROM THE
CONVERSION OF LNG (RECEIVED BY SABINE AT THE RECEIPT POINT) FROM ITS LIQUID
STATE TO A GASEOUS STATE.
1.76
"RESERVATION FEE" SHALL HAVE THE MEANING SET FORTH
IN SECTION 4.1(A).
1.77
"RETAINAGE" SHALL HAVE THE MEANING SET FORTH IN
SECTION 4.2.
1.78
"ROUND UP QUANTITY" SHALL HAVE THE MEANING SET FORTH
IN SECTION 3.1(B)(I)A.
1.79
"SABINE" MEANS SABINE PASS LNG, L.P., UNLESS AND
UNTIL SUBSTITUTED BY AN ASSIGNEE BY NOVATION IN ACCORDANCE WITH ARTICLE 17,
WHEREUPON SUCH ASSIGNEE SHALL BECOME SABINE FOR ALL PURPOSES.
7
1.80
"SABINE PASS FACILITY" MEANS THE LNG RECEIVING
TERMINAL FACILITY AS FURTHER DESCRIBED IN SECTION 7.1(B) (INCLUDING THE PORT,
BERTHING AND UNLOADING FACILITIES, LNG STORAGE FACILITIES, AND REGASIFICATION
FACILITIES, TOGETHER WITH EQUIPMENT AND FACILITIES RELATED THERETO) USED TO
PROVIDE SERVICES HEREUNDER, AS SUCH FACILITIES WILL BE CONSTRUCTED AND MODIFIED
FROM TIME TO TIME IN ACCORDANCE WITH THIS AGREEMENT.
1.81
"SABINE PASS MARINE OPERATIONS MANUAL" SHALL HAVE
THE MEANING SET FORTH IN SECTION 8.2.
1.82
"SABINE PASS SERVICES MANUAL" SHALL HAVE THE MEANING
SET FORTH IN SECTION 3.6.
1.83
"SABINE PASS WEBSITE" MEANS THE INTERNET BASED
COMPUTER SYSTEM USED BY SABINE TO COMMUNICATE WITH CUSTOMER AND OTHER CUSTOMERS
REGARDING LNG TERMINALLING SERVICES AT THE SABINE PASS FACILITY.
1.84
"SCHEDULED UNLOADING WINDOW" MEANS, FOR ANY
APPLICABLE CONTRACT YEAR, AN UNLOADING WINDOW ALLOCATED EITHER TO CUSTOMER OR
ANY OTHER CUSTOMER PURSUANT TO ARTICLE 5.
1.85
"SCHEDULING REPRESENTATIVE" MEANS THE INDIVIDUAL
APPOINTED BY CUSTOMER IN ACCORDANCE WITH SECTION 5.4.
1.86
"SERVICES" SHALL HAVE THE MEANING SET FORTH IN
SECTION 2.1, AS EXPANDED FROM TIME TO TIME IN ACCORDANCE WITH SECTION 2.2.
1.87
"SERVICES QUANTITY" SHALL HAVE THE MEANING SET FORTH
IN SECTION 3.1(B).
1.88
"STANDARD CUBIC FOOT" MEANS THE QUANTITY OF GAS,
FREE OF WATER VAPOR, OCCUPYING A VOLUME EQUAL TO THE VOLUME OF A CUBE WHOSE EDGE
IS ONE (1) FOOT, AT A TEMPERATURE OF 60.0 DEGREES FAHRENHEIT AND AT AN ABSOLUTE
PRESSURE OF 14.696 POUNDS PER SQUARE INCH.
1.89
"STORAGE" MEANS THE RETENTION BY SABINE OF
CUSTOMER'S INVENTORY FOR A PERIOD OF TIME AT THE SABINE PASS FACILITY.
1.90
"TAXES" MEANS ALL CUSTOMS, TAXES, ROYALTIES,
EXCISES, FEES, DUTIES, LEVIES, SALES AND USE TAXES AND VALUE ADDED TAXES,
CHARGES AND ALL OTHER ASSESSMENTS, WHICH MAY NOW OR HEREAFTER BE ENACTED, LEVIED
OR IMPOSED, DIRECTLY OR INDIRECTLY, BY A GOVERNMENTAL AUTHORITY, EXCEPT PORT
CHARGES.
1.91
"TERM" SHALL HAVE THE MEANING SET FORTH IN SECTION
6.1.
1.92
"TOTAL VAPORIZATION CAPACITY" SHALL HAVE THE MEANING
SET FORTH