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committing the breach knew, or ought to have known, that such loss would be likely to arise.

Escrow” has the meaning set forth in Section 4.3.

General Terms and Conditions” or “GTCs” means the general terms and conditions for the use of the Terminal, as established by the Terminal Operator amended from time to time in accordance with the provisions thereof.

Offer Letter” means the offer letter required to be submitted by the Applicant in relation to that Applicant’s bid for Secondary Capacity Access at the Terminal, in the form set out in the Auction User Guide.

Party” means any of BP, Sonatrach, the Auction Administrator or the Applicant, as the context requires and ”Parties” shall mean all of them, collectively.

Primary Shipper” means BP Gas Marketing Ltd and La Société Sonatrach, acting jointly.

Provider” in relation to a Party, means the relevant Party providing Confidential Information to another Party pursuant to or in connection with the Secondary Capacity Documents.

Recipient” in relation to a Party, means the relevant Party receiving Confidential Information from another Party pursuant to or in connection with the Secondary Capacity Documents.

Secondary Capacity Access” or ”SCA” means a berthing slot, together with a daily declining amount of the Primary Shipper’s storage capacity and delivery capacity at the Terminal (as specified in each Auction), in each case, in relation to phase 1 of the Terminal only,  for a limited  period.

Secondary Capacity Documents” means any agreement, document, certificate, opinion, standard terms and conditions or guide governing the terms and conditions of the Auction or  the Secondary Capacity Access, including this Agreement.

Secondary Shipper” means the legal entity who has won the Auction for Secondary Capacity Access in accordance with the Auction User Guide, and with whom the Primary Shipper and the Terminal Operator have entered into the Secondary Capacity Documents which remain for the time being in force.

Term” has the definition set out in Section 2.1.

Terminal” means the receiving terminal for liquefied natural gas owned and operated by Terminal Operator and situated at Isle of Grain, Kent.

Terminal Operator” means National Grid Grain LNG Limited of 1-3 Strand, London WC2N 5EH, being the operator of the Terminal.

1.2

Unless otherwise specified, a reference to a “Section” or “Schedule” in this Agreement is to a section or schedule of this Agreement and a reference to “this Agreement” is a reference to this Agreement including the Schedules.

1.3

In this Agreement, unless otherwise specified:

Version 1.4 –  2 December 20083

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