COORDINATING THE UNLOADING OF LNG AT THE FREEPORT
FACILITY.
1.99
"PIPELINE STANDARDS" MEANS, TO THE EXTENT NOT INCONSISTENT WITH THE
EXPRESS REQUIREMENTS OF THIS AGREEMENT, THE STANDARDS AND PRACTICES APPLICABLE
TO THE DESIGN, EQUIPMENT, OPERATION OR MAINTENANCE OF GAS PIPELINES, ESTABLISHED
BY THE FOLLOWING (SUCH STANDARDS TO APPLY IN THE FOLLOWING ORDER OF PRIORITY):
(I) A GOVERNMENTAL AUTHORITY HAVING JURISDICTION OVER FLNG; AND (II) ANY
NATIONALLY RECOGNIZED NON-GOVERNMENTAL AGENCY OR ORGANIZATION WITH WHOSE
STANDARDS AND PRACTICES IT IS CUSTOMARY FOR REASONABLE AND PRUDENT OPERATORS OF
U.S. GAS PIPELINES TO COMPLY.
IN THE EVENT OF A CONFLICT BETWEEN ANY OF THE
PRIORITIES NOTED ABOVE, THE PRIORITY WITH THE LOWEST ROMAN NUMERAL NOTED ABOVE
SHALL PREVAIL.
1.100
"PLATEAU INCEPTION DATE" MEANS OCTOBER 1, 2009.
1.101
"PORT CHARGES" MEANS ALL THIRD-PARTY CHARGES OF WHATSOEVER NATURE
(INCLUDING RATES, TOLLS, AND DUES OF EVERY DESCRIPTION) IN RESPECT OF AN LNG
VESSEL ENTERING OR LEAVING THE FREEPORT FACILITY, INCLUDING CHARGES IMPOSED BY
FIRE BOATS, TUGS AND ESCORT VESSELS, THE U.S. COAST GUARD, A PILOT, AND ANY
OTHER PERSON ASSISTING AN LNG VESSEL TO ENTER OR LEAVE THE FREEPORT FACILITY.
FOR PURPOSES OF THIS AGREEMENT, THE TERM "PORT CHARGES" SHALL INCLUDE, TO THE
EXTENT APPLICABLE TO LNG VESSELS, PORT USE FEES (EXCLUDING RENT) AND THRU-PUT
FEES (AS SUCH TERMS ARE DEFINED UNDER THE FREEPORT FACILITY LEASES) BUT SHALL
EXCLUDE ALL OTHER FEES UNDER THE FREEPORT FACILITY LEASES.
1.102
"PSIG" MEANS POUNDS PER SQUARE INCH GAUGE.
1.103
"REASONABLE AND PRUDENT OPERATOR" MEANS A PERSON SEEKING IN GOOD
FAITH TO PERFORM 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.
1.104
"RECEIPT POINT" MEANS THE POINT AT THE FREEPORT FACILITY AT WHICH THE
FLANGE COUPLING OF THE FREEPORT FACILITY'S RECEIVING LINE JOINS THE FLANGE
COUPLING OF THE LNG UNLOADING MANIFOLD ON BOARD AN LNG VESSEL.
1.105
"REGASIFIED LNG" MEANS GAS DERIVED FROM THE CONVERSION OF LNG
(RECEIVED BY FLNG AT THE RECEIPT POINT) FROM ITS LIQUID STATE TO A GASEOUS
STATE.
1.106
"RELEASE NOTICE" SHALL HAVE THE MEANING SET FORTH IN
SECTION 6.2(B)(I)C.
1.107
"RESERVATION FEE" SHALL HAVE THE MEANING SET FORTH IN SECTION 4.1(A).
1.108
"RETAINAGE" SHALL HAVE THE MEANING SET FORTH IN SECTION 4.2.
1.109
"SCHEDULED UNLOADING WINDOW" MEANS, FOR ANY APPLICABLE CONTRACT YEAR,
AN UNLOADING WINDOW ALLOCATED EITHER TO CUSTOMER OR ANY OTHER CUSTOMER PURSUANT
TO ARTICLE 5.
10
1.110
"SCHEDULING PERIOD" MEANS A CONTRACT YEAR PLUS THE THREE (3) MONTH
PERIOD IMMEDIATELY FOLLOWING SUCH CONTRACT YEAR.
1.111
"SCHEDULING REPRESENTATIVE" MEANS THE INDIVIDUAL APPOINTED BY
CUSTOMER IN ACCORDANCE WITH SECTION 5.4.
1.112
"SERVICES" SHALL HAVE THE MEANING SET FORTH IN SECTION 2.1, AS
EXPANDED FROM TIME TO TIME IN ACCORDANCE WITH SECTION 2.2.
1.113
"SERVICES QUANTITY" SHALL HAVE THE MEANING SET FORTH IN
SECTION 3.1(B).
1.114
"SERVICES UNAVAILABILITY" SHALL HAVE THE MEANING