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Applicable Law” means any law, subordinate legislation, statute, by-law, regulation, directive, treaty, judgment, decision, injunction, rule, regulation, notice, order or circular of, or made by, any Competent Authority which has the force of law.

Approved Purpose” means any action taken with the intent to: (i) meet any obligation or to exercise, preserve or enforce any right under the Secondary Capacity Documents; (ii) facilitate any other Party in the meeting of any obligation or the exercising, preserving or enforcing of any right under the Secondary Capacity Documents; or (iii) effect any other related or subsidiary purpose.

“Auction” means an auction for Secondary Capacity Access in accordance with, or pursuant to, the Auction User Guide.

Auction User Guide” means the guide for persons interested in Secondary Capacity Access  describing the procedures relating to prequalification and participation in any Auction for Secondary Capacity Access as provided to the Applicant by the Auction Administrator from time to time.

Bid Documents” shall mean the Offer Letter and the signature pages of the Applicant and the Primary Shipper to any documents related to the Auction for Secondary Capacity Access.

Competent Authority” means any court of competent jurisdiction and any local, national or supra national agency, authority, inspectorate, minister, ministry, official or public or statutory person (whether autonomous or not) having jurisdiction over any of the Parties on the subject matter of the Secondary Capacity Documents.

Confidential Information” means in relation to any Party, the terms of the Secondary Capacity Documents and any information disclosed to that Party by another party, at any time, in writing, visual or machine readable form (including by fax and other forms of electronic transmission) or orally in connection with, or arising from Secondary Capacity Access or the Secondary Capacity Documents and includes any information, analyses, compilations, notes, studies, memoranda, or other documents derived from, containing or reflecting such information but excludes information which:

(i)is publicly available at the time of its disclosure;

(ii)becomes publicly available following disclosure (other than as a result of disclosure by the Recipient or any other person contrary to the terms of the Secondary Capacity Documents);

(iii)was lawfully in the Recipient’s possession prior to disclosure under the Secondary Capacity Documents (as can be demonstrated by the Recipient’s written records or other reasonable evidence) free of any restriction as to its use or disclosure prior to its being so disclosed; or

(iv)following disclosure under the Secondary Capacity Documents, becomes available to the Recipient (as can be demonstrated by the Recipient’s written records or other reasonable evidence) from a source other than the Provider, which source is not bound by any obligation of confidentiality to the Provider in relation to such information.

Consequential Loss” means any consequential, indirect, exemplary, special or incidental loss or damage, including (but not limited to) loss of production, loss or deferment of profit or revenue (whether direct or indirect), anticipated profit or revenue (whether direct or indirect), loss of use, loss of contract, loss of goodwill, or any other loss or liability under other agreements or liability to third parties, in each case, whether or not the Party

Version 1.4 –  2 December 20082

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