DEDUCTION OF RETAINAGE
IN ACCORDANCE WITH CLAUSE C.3.
1.19
"CUSTOMER'S LNG" MEANS, FOR THE PURPOSES OF THE
SERVICES, LNG RECEIVED AT THE RECEIPT POINT FOR CUSTOMER'S ACCOUNT.
1.20
"DELIVERY POINT" MEANS THE POINT OF INTERCONNECT
BETWEEN THE TAILGATE OF THE SABINE PASS FACILITY AND A DOWNSTREAM PIPELINE.
1.21
"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.
2
1.22
"DOWNSTREAM PIPELINE" MEANS ALL GAS PIPELINES WITH A
CONNECTION AT THE DELIVERY POINT WHICH TRANSPORT GAS FROM THE SABINE PASS
FACILITY.
1.23
"EFFECTIVE DATE" MEANS THE DATE SET FORTH IN THE
PREAMBLE OF THIS AGREEMENT.
1.24
"EXPECTED RECEIPT QUANTITY" MEANS, WITH RESPECT TO A
GIVEN CARGO, CUSTOMER'S REASONABLE ESTIMATE OF THE QUANTITY OF LNG (IN MMBTUS)
EXPECTED TO BE UNLOADED AT THE RECEIPT POINT, AS SET FORTH IN THE NOTICE
DELIVERED PURSUANT TO SECTIONS 5.1(B)(II) AND 5.2(A), AS SUCH NOTICE MAY BE
SUBSEQUENTLY AMENDED PURSUANT TO SECTION 8.4(A).
1.25
"EXTENSION TERM" SHALL HAVE THE MEANING SET FORTH IN
CLAUSE A.3.
1.26
"FEE" SHALL HAVE THE MEANING SET FORTH IN SECTION
4.1.
1.27
"FORCE MAJEURE" SHALL HAVE THE MEANING SET FORTH IN
SECTION 15.1.
1.28
"FOR CUSTOMER", "FOR CUSTOMER'S ACCOUNT", "ON BEHALF
OF CUSTOMER" OR OTHER PHRASES CONTAINING SIMILAR WORDING SHALL INCLUDE LNG
DELIVERED TO THE SABINE PASS FACILITY AT CUSTOMER'S DIRECTION AS WELL AS
CUSTOMER'S INVENTORY DERIVED THEREFROM.
1.29
"GAS" MEANS ANY HYDROCARBON OR MIXTURE OF
HYDROCARBONS CONSISTING PREDOMINANTLY OF METHANE WHICH IS IN A GASEOUS STATE.
1.30
"GAS REDELIVERY RATE" SHALL HAVE THE MEANING SET
FORTH IN CLAUSE B.2.
1.31
"GOVERNMENTAL AUTHORITY" MEANS, IN RESPECT OF ANY
COUNTRY, ANY NATIONAL, REGIONAL, STATE, OR LOCAL GOVERNMENT, ANY SUBDIVISION,
AGENCY, COMMISSION OR AUTHORITY THEREOF (INCLUDING ANY MARITIME AUTHORITIES,
PORT AUTHORITY OR ANY QUASI-GOVERNMENTAL AGENCY) HAVING JURISDICTION OVER A
PARTY, THE SABINE PASS FACILITY, CUSTOMER'S INVENTORY, AN LNG VESSEL, A
TRANSPORTER, OR A DOWNSTREAM PIPELINE, AS THE CASE MAY BE, AND ACTING WITHIN ITS
LEGAL AUTHORITY.
1.32
"GPA" SHALL HAVE THE MEANING SET FORTH IN ANNEX I.
1.33
"GROSS HEATING VALUE" MEANS THE QUANTITY OF HEAT
EXPRESSED IN BTUS PRODUCED BY THE COMPLETE COMBUSTION IN AIR OF ONE (1) CUBIC
FOOT OF ANHYDROUS GAS, AT A TEMPERATURE OF 60.0 DEGREES FAHRENHEIT AND AT AN
ABSOLUTE PRESSURE OF 14.696 POUNDS PER SQUARE INCH, WITH THE AIR AT THE SAME
TEMPERATURE AND PRESSURE AS THE GAS, AFTER COOLING THE PRODUCTS OF THE
COMBUSTION TO THE INITIAL TEMPERATURE OF THE GAS AND AIR, AND AFTER CONDENSATION
OF THE WATER FORMED BY COMBUSTION.
1.34
"GUARANTEE" MEANS THE GUARANTY AGREMENT TO BE
EXECUTED BY GUARANTOR IN FAVOR OF SABINE IN THE FORM ATTACHED AS EXHIBIT C.
1.35
"GUARANTOR" SHALL HAVE THE MEANING SET FORTH IN
CLAUSE D.
1.36
"HENRY HUB PRICE" SHALL MEAN, WITH RESPECT TO ANY
MONTH,