AND RECEIPT SERVICES) OF ALL OTHER CUSTOMERS FOR THE
RELEVANT CONTRACT YEAR.
1.4
"AGREEMENT" MEANS THIS AGREEMENT (INCLUDING
PART ONE AND PART TWO HEREOF), TOGETHER WITH THE ANNEXES AND EXHIBITS ATTACHED
HERETO, WHICH ARE HEREBY INCORPORATED INTO AND MADE A PART HEREOF, AS THE SAME
MAY BE HEREAFTER AMENDED.
1.5
"ANNUAL DELIVERY PROGRAM" SHALL HAVE THE
MEANING SET FORTH IN SECTION 5.1(F).
1.6
"APPROVALS" MEANS ALL CONSENTS,
AUTHORIZATIONS, LICENSES, WAIVERS, PERMITS, APPROVALS AND OTHER SIMILAR
DOCUMENTS FROM OR BY A GOVERNMENTAL AUTHORITY.
1.7
"AVAILABLE UNLOADING DATE" MEANS AT ANY TIME
AN UNLOADING DATE AT ONE OF THE TWO (2) BERTHS THAT IS NOT A SCHEDULED ARRIVAL
DATE FOR CUSTOMER OR ONE OF THE OTHER CUSTOMERS AT THAT BERTH.
1.8
"BASE RATE" MEANS: (A) THE INTEREST RATE PER
ANNUM EQUAL TO THE RATE FOR THREE (3) MONTH DEPOSITS IN DOLLARS IN THE LONDON
INTERBANK OFFERED RATE MARKET, AS REPORTED IN THE WALL STREET JOURNAL ON THE
APPLICABLE DATE; PLUS (B) ONE PERCENT (1%).
THE BASE RATE SHALL CHANGE AS AND
WHEN THE UNDERLYING COMPONENTS THEREOF CHANGE, WITHOUT NOTICE TO ANY PERSON.
1.9
"BRITISH THERMAL UNIT" OR "BTU" MEANS THE
AMOUNT OF HEAT REQUIRED TO RAISE THE TEMPERATURE OF ONE (1) AVOIRDUPOIS POUND OF
PURE WATER FROM 59.0 DEGREES FAHRENHEIT TO 60.0 DEGREES FAHRENHEIT AT AN
ABSOLUTE PRESSURE OF 14.696 POUNDS PER SQUARE INCH.
1.10
"BUSINESS DAY" MEANS ANY DAY THAT IS NOT A SATURDAY,
SUNDAY OR LEGAL HOLIDAY IN THE STATE OF TEXAS, OR A DAY ON WHICH BANKING
INSTITUTIONS CHARTERED BY THE STATE OF TEXAS, OR THE UNITED STATES OF AMERICA,
ARE LEGALLY REQUIRED OR AUTHORIZED TO CLOSE.
1.11
"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.
1.12
"CENTRAL TIME" MEANS U.S. CENTRAL TIME, AS ADJUSTED
FOR DAYLIGHT SAVING TIME AND STANDARD TIME.
1.13
"CLAIMS" SHALL HAVE THE MEANING SET FORTH IN SECTION
9.2(A) OF THIS AGREEMENT.
1.14
"COMMERCIAL START DATE" SHALL HAVE THE MEANING SET
FORTH IN SECTION 6.1.
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 CLAUSE A.
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 CHEVRON U.S.A., INC., UNLESS AND
UNTIL SUBSTITUTED IN WHOLE BY AN ASSIGNEE BY NOVATION IN ACCORDANCE WITH SECTION
17.3, WHEREUPON SUCH ASSIGNEE SHALL BECOME CUSTOMER TO THE EXTENT OF SUCH
ASSIGNMENT.
1.18
"CUSTOMER'S INVENTORY" MEANS, AT ANY GIVEN TIME, THE
QUANTITY IN MMBTUS THAT REPRESENTS LNG AND GAS HELD BY SABINE FOR CUSTOMER'S
ACCOUNT.
CUSTOMER'S INVENTORY SHALL BE DETERMINED AFTER