DAY ON WHICH
BANKING INSTITUTIONS CHARTERED BY THE STATE OF TEXAS, OR THE UNITED STATES OF
AMERICA, ARE LEGALLY REQUIRED OR AUTHORIZED TO CLOSE.
1.10
"CARGO" MEANS A QUANTITY OF LNG EXPRESSED IN MMBTU
CARRIED BY AN LNG VESSEL IN RELATION TO WHICH SABINE WILL RENDER SERVICES TO
CUSTOMER HEREUNDER.
1.11
"CENTRAL TIME" MEANS U.S. CENTRAL TIME ZONE, AS
ADJUSTED FOR DAYLIGHT SAVING TIME AND STANDARD TIME.
1.12
"CLAIMS" SHALL HAVE THE MEANING SET FORTH IN SECTION
9.2 OF THIS AGREEMENT.
1.13
"COMMERCIAL START DATE" SHALL HAVE THE MEANING SET
FORTH IN SECTION 6.2.
1.14
"COMMERCIAL OPERATIONS COMPLETION" MEANS COMPLETION
OF THE SABINE PASS FACILITY SO THAT IT IS READY TO BE USED FOR ITS INTENDED
PURPOSE TO PROVIDE THE SERVICES HEREUNDER, WITH THE CONTRACTOR UNDER THE
ENGINEERING, PROCUREMENT AND CONSTRUCTION CONTRACT FOR THE FACILITIES DESCRIBED
IN SECTION 7.1(B) HAVING ACHIEVED ALL MINIMUM ACCEPTANCE REQUIREMENTS UNDER SUCH
CONTRACT SUFFICIENT TO PROVIDE THE SERVICES UNDER THIS AGREEMENT AND ANY
AGREEMENTS WITH OTHER CUSTOMERS.
2
1.15
"CONTRACT YEAR" MEANS EACH ANNUAL PERIOD STARTING ON
JANUARY 1 AND ENDING ON DECEMBER 31 DURING THE TERM OF THIS AGREEMENT; PROVIDED,
HOWEVER, THAT (A) THE FIRST CONTRACT YEAR SHALL COMMENCE ON THE COMMERCIAL START
DATE AND END ON THE FOLLOWING DECEMBER 31, AND (B) THE LAST CONTRACT YEAR SHALL
COMMENCE ON JANUARY 1 IMMEDIATELY PRECEDING THE LAST DAY OF THE TERM AND END ON
THE LAST DAY OF THE TERM AS SET FORTH IN SECTION 6.1.
1.16
"CUBIC METER" MEANS A VOLUME EQUAL TO THE VOLUME OF
A CUBE EACH EDGE OF WHICH IS ONE (1) METER.
1.17
"CUSTOMER" MEANS TOTAL LNG USA, INC., UNLESS AND
UNTIL SUBSTITUTED BY AN ASSIGNEE IN ACCORDANCE WITH ARTICLE 17, WHEREUPON SUCH
ASSIGNEE SHALL BECOME CUSTOMER TO THE EXTENT OF SUCH ASSIGNMENT.
1.18
"CUSTOMER ACTUAL THROUGHPUT" MEANS THE AGGREGATE
QUANTITY OF GAS DELIVERED IN MMBTUS AT THE DELIVERY POINT FOR CUSTOMER'S ACCOUNT
IN THE RELEVANT MONTH.
1.19
"CUSTOMER LNG RECEIPT SCHEDULE" SHALL HAVE THE
MEANING SET FORTH IN SECTION 5.1(B).
1.20
"CUSTOMER'S INVENTORY" MEANS, AT ANY GIVEN TIME, THE
QUANTITY IN MMBTUS THAT REPRESENTS LNG AND GAS HELD FOR CUSTOMER'S ACCOUNT.
FOR
THE AVOIDANCE OF DOUBT, CUSTOMER'S INVENTORY SHALL BE DETERMINED AFTER DEDUCTION
OF RETAINAGE IN ACCORDANCE WITH SECTION 4.2.
1.21
"CUSTOMER'S LNG" MEANS, FOR THE PURPOSES OF
SERVICES, LNG RECEIVED AT THE RECEIPT POINT FOR CUSTOMER'S ACCOUNT.
1.22
"DELIVERY POINT" MEANS THE POINT OF INTERCONNECT
BETWEEN THE TAILGATE OF THE SABINE PASS FACILITY AND A DOWNSTREAM PIPELINE.
1.23
"DISPUTE" MEANS ANY DISPUTE, CONTROVERSY OR CLAIM
(OF ANY AND EVERY KIND OR TYPE, WHETHER BASED ON CONTRACT, TORT, STATUTE,
REGULATION OR OTHERWISE) ARISING OUT OF, RELATING TO OR CONNECTED WITH THIS
AGREEMENT, INCLUDING ANY DISPUTE AS TO THE CONSTRUCTION, VALIDITY,
INTERPRETATION, TERMINATION, ENFORCEABILITY OR BREACH OF THIS AGREEMENT, AS WELL
AS ANY DISPUTE OVER ARBITRABILITY OR JURISDICTION.
1.24
"DOWNSTREAM PIPELINE" MEANS ALL GAS PIPELINES
DOWNSTREAM OF THE DELIVERY POINT WHICH TRANSPORT GAS FROM THE SABINE PASS
FACILITY.
1.25
"EFFECTIVE DATE" MEANS THE DATE SET FORTH IN THE
PREAMBLE