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(F)

the entry into and the performance by it of this Agreement does not breach any contract or arrangement with any other person to which it is a party which may result in any claim by a third party against any Party to this Agreement (other than the Applicant);

(G)

it is not relying upon any representations of the Primary Shipper, the Auction Administrator or the Terminal Operator whether express or implied;

(H)

it has entered into and executed this Agreement as principal (and not as agent or in any other capacity, fiduciary or otherwise);

(I)

no corporate action, legal proceedings or other procedure or step has been taken against the Applicant in relation to :

(1)

the suspension of payments, a moratorium of any indebtedness, winding-up, dissolution, administration or reorganisation (by way of voluntary arrangement, scheme of arrangement or otherwise) of the Applicant other than a solvent liquidation or reorganisation of the same;

(2)

a composition, assignment or arrangement with any creditor of the Applicant;

(3)

the appointment of a liquidator (other than in respect of a solvent liquidation of such person), receiver, administrator, administrative receiver, compulsory manager or other similar officer in respect of the Applicant or any of its assets; or

(4)

enforcement of any security over any of the Applicant’s assets, or any analogous procedure or step is taken in any jurisdiction;

(J)

the opinions in any information provided in writing by or on behalf of the Applicant to the Auction Administrator or the Primary Shipper and the assumptions on which such opinions are based were, to the extent provided by, or expressed to be those of, the Applicant, expressed and made in good faith, arrived at after due and careful consideration and enquiry and genuinely represent its views as at the date they were given or made.  To any other extent, they are, to the best of Applicant’s knowledge and belief after due and careful consideration and enquiry, fair and reasonable, unless otherwise stated;

(K)

any factual information provided in writing by or on behalf of the Applicant to the Auction Administrator or the Primary Shipper, as the case may be, in connection with the proposed use by the Applicant of the Secondary Capacity Access, is, was, and will have been true and accurate in all material respects (to the best of the Applicant’s knowledge and belief after making due and careful consideration and enquiry in respect of any such information provided) as at the date it was provided or as at the date (if any) at which it is stated;

(L)

the Applicant has delivered to the Auction Administrator and the Primary Shipper an authorised officer’s certificate in the form attached hereto as Annex A (the Authorised Officer Certificate”).

6. Covenants

The Applicant hereby covenants and agrees as follows:

Version 1.4 –  2 December 20088

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