OF THIS AGREEMENT.
1.26
"EXCESS GAS" SHALL HAVE THE MEANING SET FORTH IN
SECTION 5.2(F).
1.27
"EXPECTED RECEIPT QUANTITY" MEANS, WITH RESPECT TO A
GIVEN CARGO, CUSTOMER'S REASONABLE ESTIMATE OF THE QUANTITY OF LNG (IN MMBTUS)
EXPECTED TO BE UNLOADED AT THE RECEIPT POINT, AS SET FORTH IN THE NOTICE
DELIVERED PURSUANT TO SECTION 5.1(B)(III), AS SUCH NOTICE MAY BE SUBSEQUENTLY
AMENDED PURSUANT TO SECTION 8.4(A).
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1.28
"EXTENSION TERM" SHALL HAVE THE MEANING SET FORTH IN
SECTION 6.1.
1.29
"FEE" SHALL HAVE THE MEANING SET FORTH IN SECTION
4.1.
1.30
"FERC" MEANS THE FEDERAL ENERGY REGULATORY
COMMISSION OR A SUCCESSOR REGULATORY AGENCY.
1.31
"FERC APPROVAL DATE" SHALL HAVE THE MEANING SET
FORTH IN SECTION 6.2.
1.32
"FIXED COMPONENT" SHALL HAVE THE MEANING SET FORTH
IN SECTION 4.1(A)(I).
1.33
"FOC COMPONENT" SHALL HAVE THE MEANING SET FORTH IN
SECTION 4.1(A)(II).
1.34
"FORCE MAJEURE" SHALL HAVE THE MEANING SET FORTH IN
SECTION 15.1.
1.35
"FOR CUSTOMER", "FOR CUSTOMER'S ACCOUNT", "ON BEHALF
OF CUSTOMER" OR OTHER PHRASES CONTAINING SIMILAR WORDING SHALL INCLUDE LNG
DELIVERED TO THE SABINE PASS FACILITY AT CUSTOMER'S DIRECTION AS WELL AS
CUSTOMER'S INVENTORY DERIVED THEREFROM.
1.36
"GAS" MEANS ANY HYDROCARBON OR MIXTURE OF
HYDROCARBONS CONSISTING PREDOMINANTLY OF METHANE WHICH IS IN A GASEOUS STATE.
1.37
"GAS REDELIVERY RATE" OR "GRR" SHALL HAVE THE
MEANING SET FORTH IN SECTION 3.3(B).
1.38
"GOVERNMENTAL AUTHORITY" MEANS, IN RESPECT OF ANY
COUNTRY, ANY NATIONAL, REGIONAL, STATE, OR LOCAL GOVERNMENT, ANY SUBDIVISION,
AGENCY, COMMISSION OR AUTHORITY THEREOF (INCLUDING ANY MARITIME AUTHORITIES,
PORT AUTHORITY OR ANY QUASI-GOVERNMENTAL AGENCY) HAVING JURISDICTION OVER A
PARTY, THE SABINE PASS FACILITY, CUSTOMER'S INVENTORY, AN LNG VESSEL, A
TRANSPORTER, OR A DOWNSTREAM PIPELINE, AS THE CASE MAY BE, AND ACTING WITHIN ITS
LEGAL AUTHORITY.
1.39
"GPA" SHALL HAVE THE MEANING SET FORTH IN ANNEX I.
1.40
"GROSS HEATING VALUE" MEANS THE QUANTITY OF HEAT
EXPRESSED IN BTUS PRODUCED BY THE COMPLETE COMBUSTION IN AIR OF ONE (1) CUBIC
FOOT OF ANHYDROUS GAS, AT A TEMPERATURE OF 60.0 DEGREES FAHRENHEIT AND AT AN
ABSOLUTE PRESSURE OF 14.696 POUNDS PER SQUARE INCH, WITH THE AIR AT THE SAME
TEMPERATURE AND PRESSURE AS THE GAS, AFTER COOLING THE PRODUCTS OF THE
COMBUSTION TO THE INITIAL TEMPERATURE OF THE GAS AND AIR, AND AFTER CONDENSATION
OF THE WATER FORMED BY COMBUSTION.
1.41
"GUARANTEE" MEANS THE GUARANTEE EXECUTED BY
GUARANTOR IN FAVOR OF SABINE IN THE FORM ATTACHED AS EXHIBIT A, OR ANY OTHER
SUCCESSOR AS ALLOWED PURSUANT TO THE GUARANTEE.
1.42
"GUARANTOR" SHALL HAVE THE MEANING SET FORTH IN THE
RECITALS TO THIS AGREEMENT.
1.43
"HENRY HUB PRICE" SHALL MEAN, WITH RESPECT TO ANY
MONTH, THE FINAL SETTLEMENT PRICE IN DOLLARS PER MMBTU AS PUBLISHED BY THE NEW
YORK MERCANTILE EXCHANGE FOR THE HENRY HUB NATURAL GAS FUTURES CONTRACT FOR GAS
TO BE DELIVERED DURING SUCH MONTH, SUCH FINAL
4
PRICE TO BE BASED UPON THE LAST TRADING DAY FOR THE CONTRACT FOR SUCH MONTH;
PROVIDED, HOWEVER, THAT IF THE HENRY HUB NATURAL GAS FUTURES CONTRACT CEASES TO
BE TRADED, THE