Common use of REIMBURSEMENT OF FUEL GAS Clause in Contracts

REIMBURSEMENT OF FUEL GAS. The estimated quantity of Fuel Gas expressed in kWh for each Month M, FGm, shall be determined as a percentage of the Natural Gas redelivered by Terminal Operator to Shipper, the Other Shippers and the Other Users at the Redelivery Point. Before the end of each Month M-1, Terminal Operator shall notify Shipper, for Month M, the value of FGm which shall not exceed the Maximum Fuel Gas Reimbursement Percentage The Maximum Fuel Gas Reimbursement Percentage shall be one decimal three zero percent (1.30 %). However if the actual monthly average aggregate of Shipper's and Other Shippers' Send Out in a given Month M is less than two decimal five three (2.53) GWh/hour and is not due to Terminal Operator's fault or due to Force Majeure, then the Maximum Fuel Gas Reimbursement Percentage shall be calculated as follows: Maximum Fuel Gas Reimbursement Percentage = 1.30% + 1.3%*(2.53 -actual monthly average aggregate of Shipper's and Other Shippers' Send Out (in GWh/hour)), calculated to two significant digits. The Maximum Fuel Gas Reimbursement Percentage shall not exceed three decimal four zero percent (3.40%). In the course of Month M+1, Terminal Operator shall determine the Actual Fuel Gas Consumption during the Month M. Actual Fuel Gas Consumption means the Quantity of Fuel Gas used by Terminal as measured in accordance with the rules set out in GC 5.3. If the Actual Fuel Gas Consumption during the Month M exceeds the Maximum Fuel Gas Reimbursement Percentage of the Natural Gas redelivered by Terminal Operator at the Redelivery Point during said Month M, the Actual Fuel Gas Consumption shall be deemed to be equal to the Maximum Fuel Gas Reimbursement Percentage multiplied by the Natural Gas redelivered by Terminal Operator at the Redelivery Point. Terminal Operator will use reasonable endeavours to minimize Actual Fuel Gas Consumption at the LNG Terminal, which shall include using the heat of the CHP unit at the Terminal much as reasonably possible, so long as it is operated (whereby the Shipper acknowledges that Terminal Operator does not control nor cannot guarantee continued operation of said CHP). The difference between: (i) the quantity, expressed in kWh, resulting from applying FGm, to the Natural Gas redelivered at the Redelivery Point by Terminal Operator, and (ii) the Actual Fuel Gas Consumption (or Deemed Fuel Gas Consumption, if applicable according to the following paragraph) determined for the Month M, taking into account the Maximum Fuel Gas Reimbursement Percentage, shall be credited or debited, as applicable, to Shipper's and Other Shippers' Gas In Storage pro rata the Natural Gas redelivered at the Redelivery Point by Terminal Operator to Shipper and Other Shippers during the Month M. Such credit or debit shall be applied after Shipper or Other Shipper has unloaded its first LNG Ship in Month M+2 or in any later Month. If Terminal Operator makes any capital investment decision which results in reducing the Actual Fuel Gas Consumption at the LNG Terminal, including the open rack vaporizer commissioned mid-2013, then Shipper shall pay the Deemed Fuel Gas Consumption in lieu of the Actual Fuel Gas Consumption. The Deemed Fuel Gas Consumption shall be calculated as the Actual Fuel Gas Consumption plus energy savings resulting from such new capital investment. When calculating such energy savings Terminal Operator shall take into account the highest rate of use as is reasonably possible of the CHP unit at the Terminal, so long as it is operated, if the new capital investment resulted in a reduced utilisation of such CHP. Any other actions taken by Terminal Operator which result in reducing the Actual Fuel Gas Consumption at the LNG Terminal shall be for the benefit of Shipper and Other Shippers and not be credited back to Terminal Operator when calculating the Actual or Deemed Fuel Gas Consumption.

REIMBURSEMENT OF FUEL GAS.  The estimated quantity of Fuel Gas expressed in kWh for each Month M, FGm, shall be determined as a percentage of the Natural Gas redelivered by Terminal Operator to Shipper, the Other Shippers and the Other Users at the Redelivery Point. Before the end of each Month M-1, Terminal Operator shall notify Shipper, for Month M, the value of FGm which shall not exceed the Maximum Fuel Gas Reimbursement Percentage  The Maximum Fuel Gas Reimbursement Percentage shall be one decimal three zero percent (1.30 %). However if the actual monthly average aggregate of Shipper's and Other Shippers' Send Out in a given Month M is less than two decimal five three (2.53) GWh/hour and is not due to Terminal Operator's fault or due to Force Majeure, then the Maximum Fuel Gas Reimbursement Percentage shall be calculated as follows: Maximum Fuel Gas Reimbursement Percentage = 1.30% + 1.3%*(2.53 -actual monthly average aggregate of Shipper's and Other Shippers' Send Out (in GWh/hour)), calculated to two significant digits. The Maximum Fuel Gas Reimbursement Percentage shall not exceed three decimal four zero percent (3.40%).  In the course of Month M+1, Terminal Operator shall determine the Actual Fuel Gas Consumption during the Month M. Actual Fuel Gas Consumption means the Quantity of Fuel Gas used by Terminal as measured in accordance with the rules set out in GC 5.34.3. If the Actual Fuel Gas Consumption during the Month M exceeds the Maximum Fuel Gas Reimbursement Percentage of the Natural Gas redelivered by Terminal Operator at the Redelivery Point during said Month M, the Actual Fuel Gas Consumption shall be deemed to be equal to the Maximum Fuel Gas Reimbursement Percentage multiplied by the Natural Gas redelivered by Terminal Operator at the Redelivery Point. Terminal Operator will use reasonable endeavours to minimize Actual Fuel Gas Consumption at the LNG Terminal, which shall include using the heat of the CHP unit at existing on the Terminal Effective Date much as reasonably possible, so long as it is operated possible (whereby the Shipper acknowledges that Terminal Operator does not control nor cannot guarantee continued operation of said CHP).  The difference between: (i) the quantity, expressed in kWh, resulting from applying FGm, to the Natural Gas redelivered at the Redelivery Point by Terminal Operator, and (ii) the Actual Fuel Gas Consumption (or Deemed Fuel Gas Consumption, if applicable according to the following paragraph) determined for the Month M, taking into account the Maximum Fuel Gas Reimbursement Percentage, shall be credited or debited, as applicable, to Shipper's and Other Shippers' Gas In Storage pro rata the Natural Gas redelivered at the Redelivery Point by Terminal Operator to Shipper and Other Shippers during the Month M. Such credit or debit shall be applied after Shipper or Other Shipper has unloaded its first LNG Ship in Month M+2 or in any later Month.  If Terminal Operator makes any capital investment decision which results in reducing the Actual Fuel Gas Consumption at the LNG Terminal, including the open rack vaporizer commissioned mid-2013, then Shipper shall pay the Deemed Fuel Gas Consumption in lieu of the Actual Fuel Gas Consumption. The Deemed Fuel Gas Consumption shall be calculated as the Actual Fuel Gas Consumption plus energy savings resulting from such new capital investment. When calculating such energy savings Terminal Operator shall take into account the highest rate of use as is reasonably possible of the CHP unit existing at the Terminal, so long as it is operatedEffective Date, if the new capital investment resulted in a reduced utilisation of such CHP.  Any other actions taken by Terminal Operator which result in reducing the Actual Fuel Gas Consumption at the LNG Terminal shall be for the benefit of Shipper and Other Shippers and not be credited back to Terminal Operator when calculating the Actual or Deemed Fuel Gas Consumption.

REIMBURSEMENT OF FUEL GAS. The estimated quantity of Fuel Gas expressed in kWh for each Month M, FGm, shall be determined as a asa percentage of the Natural Gas redelivered by Terminal Operator to Shipper. The Terminal Operator shall be entitled to deduct FGm (as defined in the LNG Access Code) from Shipper’s Gas in Storage in accordance with the provisions of the LNG Access Code., the Other Shippers and the Other Users at the Redelivery Point. Before the end of each Month M-1, Terminal Operator shall notify Shipper, for Month M, the value of FGm which shall not exceed the Maximum Fuel Gas Reimbursement Percentage The Maximum Fuel Gas Reimbursement Percentage shall be one decimal three zero percent (1.30 %). However if the actual monthly average aggregate of Shipper's and Other Shippers' Send Out in a given Month M is less than two decimal five three (2.53) GWh/hour and is not due to Terminal Operator's fault or due to Force Majeure, then the Maximum Fuel Gas Reimbursement Percentage shall be calculated as follows: Maximum Fuel Gas Reimbursement Percentage = 1.30% + 1.3%*(2.53 -actual monthly average aggregate of Shipper's and Other Shippers' Send Out (in GWh/hour)), calculated to two significant digits. The Maximum Fuel Gas Reimbursement Percentage shall not exceed three decimal four zero percent (3.40%). In the course of Month M+1, Terminal Operator shall determine the Actual Fuel Gas Consumption during the Month M. Actual Fuel Gas Consumption means the Quantity of Fuel Gas used by Terminal as measured in accordance with the rules set out in GC 5.3. If the Actual Fuel Gas Consumption during the Month M exceeds the Maximum Fuel Gas Reimbursement Percentage of the Natural Gas redelivered by Terminal Operator at the Redelivery Point during said Month M, the Actual Fuel Gas Consumption shall be deemed to be equal to the Maximum Fuel Gas Reimbursement Percentage multiplied by the Natural Gas redelivered by Terminal Operator at the Redelivery Point. Terminal Operator will use reasonable endeavours to minimize Actual Fuel Gas Consumption at the LNG Terminal, which shall include using the heat of the CHP unit at the Terminal much as reasonably possible, so long as it is operated (whereby the Shipper acknowledges that Terminal Operator does not control nor cannot guarantee continued operation of said CHP). The difference between: (i) the quantity, expressed in kWh, resulting from applying FGm, to the Natural Gas redelivered at the Redelivery Point by Terminal Operator, and (ii) the Actual Fuel Gas Consumption (or Deemed Fuel Gas Consumption, if applicable according to the following paragraph) determined for the Month M, taking into account the Maximum Fuel Gas Reimbursement Percentage, shall be credited or debited, as applicable, to Shipper's and Other Shippers' Gas In Storage pro rata the Natural Gas redelivered at the Redelivery Point by Terminal Operator to Shipper and Other Shippers during the Month M. Such credit or debit shall be applied after Shipper or Other Shipper has unloaded its first LNG Ship in Month M+2 or in any later Month. If Terminal Operator makes any capital investment decision which results in reducing the Actual Fuel Gas Consumption at the LNG Terminal, including the open rack vaporizer commissioned mid-2013, then Shipper shall pay the Deemed Fuel Gas Consumption in lieu of the Actual Fuel Gas Consumption. The Deemed Fuel Gas Consumption shall be calculated as the Actual Fuel Gas Consumption plus energy savings resulting from such new capital investment. When calculating such energy savings Terminal Operator shall take into account the highest rate of use as is reasonably possible of the CHP unit at the Terminal, so long as it is operated, if the new capital investment resulted in a reduced utilisation of such CHP. Any other actions taken by Terminal Operator which result in reducing the Actual Fuel Gas Consumption at the LNG Terminal shall be for the benefit of Shipper and Other Shippers and not be credited back to Terminal Operator when calculating the Actual or Deemed Fuel Gas Consumption.

REIMBURSEMENT OF FUEL GAS.  The estimated quantity of Fuel Gas expressed in kWh for each Month M, FGm, shall be determined as a percentage of the Natural Gas redelivered by Terminal Operator to Shipper, the Other Shippers and the Other Users at the Redelivery Point. Before the end of each Month M-1, Terminal Operator shall notify Shipper, for Month M, the value of FGm which shall not exceed the Maximum Fuel Gas Reimbursement Percentage  The Maximum Fuel Gas Reimbursement Percentage shall be one decimal three zero percent (1.30 %). However if the actual monthly average aggregate of Shipper's and Other Shippers' Send Out in a given Month M is less than two decimal five three (2.53) GWh/hour and is not due to Terminal Operator's fault or due to Force Majeure, then the Maximum Fuel Gas Reimbursement Percentage shall be calculated as follows: Maximum Fuel Gas Reimbursement Percentage = 1.30% + 1.3%*(2.53 -actual monthly average aggregate of Shipper's and Other Shippers' Send Out (in GWh/hour)), calculated to two significant digits. The Maximum Fuel Gas Reimbursement Percentage shall not exceed three decimal four zero percent (3.40%).  In the course of Month M+1, Terminal Operator shall determine the Actual Fuel Gas Consumption during the Month M. Actual Fuel Gas Consumption means the Quantity of Fuel Gas used by Terminal as measured in accordance with the rules set out in GC 5.34.3. If the Actual Fuel Gas Consumption during the Month M exceeds the Maximum Fuel Gas Reimbursement Percentage of the Natural Gas redelivered by Terminal Operator at the Redelivery Point during said Month M, the Actual Fuel Gas Consumption shall be deemed to be equal to the Maximum Fuel Gas Reimbursement Percentage multiplied by the Natural Gas redelivered by Terminal Operator at the Redelivery Point. Terminal Operator will use reasonable endeavours to minimize Actual Fuel Gas Consumption at the LNG Terminal, which shall include using the heat of the CHP unit at existing on the Terminal Effective Date much as reasonably possible, so long as it is operated possible (whereby the Shipper acknowledges that Terminal Operator does not control nor cannot guarantee continued operation of said CHP).  The difference between: (i) the quantity, expressed in kWh, resulting from applying FGm, to the Natural Gas redelivered at the Redelivery Point by Terminal Operator, and (ii) the Actual Fuel Gas Consumption (or Deemed Fuel Gas Consumption, if applicable according to the following paragraph) determined for the Month M, taking into account the Maximum Fuel Gas Reimbursement Percentage, shall be credited or debited, as applicable, to Shipper's and Other Shippers' Gas In Storage pro rata the Natural Gas redelivered at the Redelivery Point by Terminal Operator to Shipper and Other Shippers during the Month M. Such credit or debit shall be applied after Shipper or Other Shipper has unloaded its first LNG Ship in Month M+2 or in any later Month.  If Terminal Operator makes any capital investment decision which results in reducing the Actual Fuel Gas Consumption at the LNG Terminal, including the open rack vaporizer commissioned mid-2013in [2013], then Shipper shall pay the Deemed Fuel Gas Consumption in lieu of the Actual Fuel Gas Consumption. The Deemed Fuel Gas Consumption shall be calculated as the Actual Fuel Gas Consumption plus energy savings resulting from such new capital investment. When calculating such energy savings Terminal Operator shall take into account the highest rate of use as is reasonably possible of the CHP unit existing at the Terminal, so long as it is operatedEffective Date, if the new capital investment resulted in a reduced utilisation of such CHP.  Any other actions taken by Terminal Operator which result in reducing the Actual Fuel Gas Consumption at the LNG Terminal shall be for the benefit of Shipper and Other Shippers and not be credited back to Terminal Operator when calculating the Actual or Deemed Fuel Gas Consumption.