SET FORTH IN
SECTION 4.3.
1.115
"SHARED FACILITIES EXPANSION" SHALL HAVE THE MEANING SET FORTH IN
SECTION 3.7(A).
1.116
"SOLE OPINION" MEANS AN OPINION, JUDGMENT OR DISCRETION OF A PARTY
THAT IS NOT INTENDED TO BE CAPABLE OF BEING CHALLENGED IN ANY LEGAL OR ARBITRAL
PROCEEDING WHATSOEVER.
1.117
"STANDARD CUBIC FOOT" MEANS THE QUANTITY OF GAS, FREE OF WATER VAPOR,
OCCUPYING A VOLUME OF ONE (1) ACTUAL CUBIC FOOT AT A TEMPERATURE OF 60.0 DEGREES
FAHRENHEIT AND AT AN ABSOLUTE PRESSURE OF 14.696 POUNDS PER SQUARE INCH.
FOR
PURPOSES OF THIS SECTION 1.117, "ACTUAL CUBIC FOOT" MEANS A VOLUME EQUAL TO THE
VOLUME OF A CUBE WHOSE EDGE IS ONE (1) FOOT.
1.118
"STORAGE" MEANS THE RETENTION BY FLNG OF CUSTOMER'S INVENTORY FOR A
PERIOD OF TIME IN TANKS OR OTHER FACILITIES AT THE FREEPORT FACILITY (INCLUDING
THE FREEPORT FACILITY PIPELINE) OR IN A GAS STORAGE FACILITY.
1.119
"STORAGE 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 STORAGE FACILITIES,
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
GAS STORAGE FACILITIES 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.
1.120
"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.
1.121
"TEMPORARY CUSTOMER" SHALL HAVE THE MEANING SET FORTH IN
SECTION 6.2(A).
1.122
"TEMPORARY RELEASE" SHALL HAVE THE MEANING SET FORTH IN
SECTION 6.2(A).
1.123
"TEMPORARY RELEASE INVENTORY" MEANS, AT ANY GIVEN TIME, THE QUANTITY
IN MMBTUS THAT REPRESENTS (A) THE LNG RECEIVED AT THE RECEIPT POINT FOR
TEMPORARY CUSTOMER'S ACCOUNT; AND (B) GAS, WHETHER OR NOT SUCH GAS IS REGASIFIED
LNG OR GAS DERIVED OR PRODUCED FROM SOURCES OTHER THAN REGASIFIED LNG, HELD FOR
TEMPORARY CUSTOMER'S ACCOUNT.
1.124
"TERM" SHALL HAVE THE MEANING SET FORTH IN SECTION 7.1.
11
1.125
"TRANSPORTER" MEANS ANY PERSON WHO OWNS OR OPERATES AN LNG VESSEL.
1.126
"UNLOADING WINDOW" MEANS A FORTY-EIGHT (48) HOUR WINDOW STARTING AT
6:00 A.M., CENTRAL TIME ON A SPECIFIED DAY AND ENDING FORTY-EIGHT (48)
CONSECUTIVE HOURS THEREAFTER DURING WHICH FLNG WOULD MAKE AVAILABLE BERTHING AND
LNG UNLOADING SERVICES AT THE FREEPORT FACILITY TO EITHER CUSTOMER OR ONE OF THE
OTHER CUSTOMERS.
ARTICLE 2
SERVICES AND SCOPE
2.1
SERVICES TO BE PROVIDED BY FLNG
During the Term, FLNG shall, acting as a Reasonable and Prudent Operator, make
available the following services to Customer (such available services being
herein referred to as the "Services") in the manner set forth in Article 3:
(a)