DELIVERY TO
THE SABINE PASS FACILITY.
1.45
"LNG VESSEL" MEANS AN OCEAN-GOING VESSEL SUITABLE
FOR TRANSPORTING LNG THAT CUSTOMER OR AN LNG SUPPLIER USES FOR TRANSPORTATION OF
LNG TO THE SABINE PASS FACILITY.
1.46
"LOADING PORT" MEANS THE PORT AT WHICH A CARGO IS
LOADED ON BOARD AN LNG VESSEL.
1.47
"MAXIMUM LNG RECEPTION QUANTITY" HAS THE MEANING SET
FORTH IN CLAUSE B.1.
1.48
"MMBTU" MEANS 1,000,000 BTUS.
1.49
"NOTICE OF READINESS" OR "NOR" SHALL HAVE THE
MEANING SET FORTH IN SECTION 8.5.
1.50
"OPERATING FEE" SHALL HAVE THE MEANING SET FORTH IN
CLAUSE C.2.
1.51
"OTHER CUSTOMERS" MEANS, FROM TIME TO TIME, PERSONS
(OTHER THAN CUSTOMER) PURCHASING LNG TERMINALLING SERVICES FROM SABINE SIMILAR
TO THE SERVICES, REGARDLESS OF THE SHORT-TERM OR LONG-TERM DURATION OF SUCH
TERMINAL USE AGREEMENT.
1.52
"PARTY" AND "PARTIES" MEANS SABINE AND CUSTOMER, AND
THEIR RESPECTIVE SUCCESSORS AND ASSIGNS.
1.53
"PERSON" MEANS ANY INDIVIDUAL, SOLE PROPRIETORSHIP,
CORPORATION, TRUST, COMPANY, VOLUNTARY ASSOCIATION, PARTNERSHIP, JOINT VENTURE,
LIMITED LIABILITY COMPANY, UNINCORPORATED ORGANIZATION, INSTITUTION,
GOVERNMENTAL AUTHORITY OR ANY OTHER LEGAL ENTITY.
1.54
"PILOT" MEANS ANY PERSON ENGAGED BY TRANSPORTER TO
COME ON BOARD AN LNG VESSEL TO ASSIST THE MASTER IN PILOTAGE, MOORING AND
UNMOORING OF SUCH LNG VESSEL.
1.55
"PILOT BOARDING STATION" SHALL HAVE THE MEANING SET
FORTH IN SECTION 8.5(A).
1.56
"PORT CHARGES" MEANS ALL CHARGES OF WHATSOEVER
NATURE (INCLUDING RATES, TOLLS, AND DUES OF EVERY DESCRIPTION) IN RESPECT OF AN
LNG VESSEL ENTERING OR LEAVING THE SABINE PASS FACILITY, INCLUDING CHARGES
IMPOSED BY FIRE BOATS, TUGS AND ESCORT VESSELS, THE U.S. COAST GUARD, A PILOT,
AND ANY OTHER AUTHORIZED PERSON ASSISTING AN LNG VESSEL TO ENTER OR LEAVE THE
SABINE PASS FACILITY.
PORT CHARGES SHALL INCLUDE PORT USE FEES, THROUGHPUT FEES
AND SIMILAR FEES PAYABLE BY USERS OF THE SABINE PASS FACILITY (OR BY SABINE ON
BEHALF OF SUCH USERS) TO THE WEST CAMERON, LOUISIANA PORT COMMISSION AND
JEFFERSON COUNTY, TEXAS WATERWAY AND NAVIGATION DISTRICT.
1.57
"PROPOSED ARRIVAL DATE" MEANS, FOR ANY APPLICABLE
CONTRACT YEAR, AN ARRIVAL DATE PROPOSED BY CUSTOMER PURSUANT TO SECTION 5.1.
1.58
"PSIG" MEANS POUNDS PER SQUARE INCH GAUGE.
1.59
"REASONABLE AND PRUDENT OPERATOR" MEANS A PERSON
SEEKING IN GOOD FAITH TO PERFORM
5
ITS CONTRACTUAL OBLIGATIONS, AND 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.
1.60
"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.
1.61
"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.
1.62
"RESERVATION FEE" SHALL HAVE THE MEANING SET FORTH
IN CLAUSE C.1.
1.63
"RETAINAGE" SHALL HAVE THE MEANING SET FORTH IN
CLAUSE C.3.