ENERGY,
L.L.C., A TEXAS LIMITED LIABILITY COMPANY, CREST INVESTMENT COMPANY, A TEXAS
CORPORATION, FLT, AND JAMAL DANIEL.
1.27
"CREST INSTALLMENT" SHALL HAVE THE MEANING SET FORTH IN
SECTION 4.1(A)(I)D.
1.28
"CREST PAYMENT" MEANS THE AMOUNT ESTIMATED TO BE PAYABLE BY FLT FOR
THE FOLLOWING MONTH PURSUANT TO SECTION 1.03(A) OF THE CREST CONTRACT.
1.29
"CREST RECONCILIATION" SHALL HAVE THE MEANING SET FORTH IN
SECTION 4.1(A)(I)D.
1.30
"CUBIC METER" MEANS A VOLUME EQUAL TO THE VOLUME OF A CUBE EACH EDGE
OF WHICH IS ONE (1) METER.
1.31
"CUSTOMER" MEANS CONOCOPHILLIPS COMPANY, UNLESS AND UNTIL
SUBSTITUTED IN WHOLE BY AN ASSIGNEE BY NOVATION IN ACCORDANCE WITH ARTICLE 19,
WHEREUPON SUCH ASSIGNEE SHALL BECOME CUSTOMER FOR ALL PURPOSES.
1.32
"CUSTOMER ACTUAL CAPACITY" MEANS THE AGGREGATE QUANTITY OF LNG
RECEIVED AT THE FREEPORT FACILITY FOR THE ACCOUNT OF CUSTOMER IN A CONTRACT
YEAR.
4
1.33
"CUSTOMER CONTRACTED CAPACITY" MEANS THE SUM OF THE MAXIMUM LNG
RECEPTION QUANTITY FOR SUCH CONTRACT YEAR PLUS ANY QUANTITIES OF LNG RECEIVED
UNDER SECTION 3.1(D) IN EXCESS OF THE MAXIMUM LNG RECEPTION QUANTITY.
1.34
"CUSTOMER LNG RECEIPT SCHEDULE" SHALL HAVE THE MEANING SET FORTH IN
SECTION 5.1(F).
1.35
"CUSTOMER'S INVENTORY" MEANS, AT ANY GIVEN TIME, THE QUANTITY IN
MMBTUS THAT REPRESENTS LNG AND GAS (WHETHER OR NOT SUCH GAS IS REGASIFIED LNG OR
GAS DERIVED OR PRODUCED FROM SOURCES OTHER THAN REGASIFIED LNG) HELD FOR
CUSTOMER'S ACCOUNT.
FOR THE AVOIDANCE OF DOUBT, CUSTOMER'S INVENTORY SHALL (I)
BE DETERMINED AFTER DEDUCTION OF RETAINAGE IN ACCORDANCE WITH SECTIONS
3.1(B)(II) AND 4.2 AND (II) INCLUDE TEMPORARY RELEASE INVENTORY.
1.36
"CUSTOMER'S LNG" MEANS, FOR THE PURPOSES OF SERVICES, LNG RECEIVED
AT THE RECEIPT POINT FOR CUSTOMER'S ACCOUNT.
1.37
"***" SHALL HAVE THE MEANING SET FORTH IN SECTION 4.1(A)(I)A.
1.38
"***" SHALL HAVE THE MEANING SET FORTH IN SECTION 4.1(A)(I)A.
1.39
"DELIVERY POINT" MEANS THE POINT OF INTERCONNECT BETWEEN THE
FREEPORT FACILITY PIPELINE AND A DOWNSTREAM PIPELINE AT STRATTON RIDGE, TEXAS.
1.40
"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.
1.41
"DOWNSTREAM PIPELINE" MEANS ALL GAS PIPELINES DOWNSTREAM OF THE
DELIVERY POINT WHICH TRANSPORT GAS FROM THE FREEPORT FACILITY.
1.42
"EFFECTIVE DATE" MEANS THE DATE SET FORTH IN THE PREAMBLE OF THIS
AGREEMENT.
1.43
"EXCESS RECEPTION FEE" SHALL HAVE THE MEANING SET FORTH IN
SECTION 4.1(C).
1.44
"EXCLUDED CREDIT AGREEMENT AMOUNTS" MEANS (A) AMOUNTS ARISING FROM
OR RELATING TO ANY PREPAYMENTS UNDER, OR ANY BREACH OF, OR DEFAULT UNDER, THE
CREDIT AGREEMENT, INCLUDING (I) ANY INTEREST AT THE DEFAULT RATE (AS DEFINED IN
THE CREDIT AGREEMENT) AND (II) ANY AMOUNT DUE BY FLNG IN CONNECTION WITH THE
EXERCISE BY THE INDEMNIFIED PERSONS (AS DEFINED IN THE CREDIT AGREEMENT) OF ANY
OF THEIR RIGHTS OR REMEDIES IN CONNECTION WITH THE CREDIT AGREEMENT OR