Distrigas Corporation
First Revised Volume No. 1
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Effective Date: 09/17/1992, Docket: RP92-221-000, Status: Effective
First Revised Sheet No. 9 First Revised Sheet No. 9 : Effective
Superseding: ORIGINAL SHEET NO. 9
1. Subject to the terms hereof, Distrigas agrees to
transfer to DOMAC volumes of LNG for sale to DOMAC
customers.
2. For each MMBtu of LNG delivered to DOMAC by
Distrigas, DOMAC shall pay Distrigas a price equal
to 85% of the average unit price per MMBtu which
DOMAC receives from its customers during each
calendar year. Such amount shall be due and
payable ten (10) business days following the
unloading of an LNG tanker at DOMAC's terminal.
3. LNG transferred to DOMAC pursuant hereto shall be
delivered at the unloading flange of DOMAC's
Everett Terminal.
4.1. If either Distrigas or DOMAC is rendered unable,
wholly or in part, by force majeure, to carry out
its obligations hereunder, and if the party so
affected gives notice in writing or by telex or
telecopy to the other party within a reasonable
time after the force majeure event, then the party
giving notice, as long as, so far as and to the
extent that its obligations are affected by such
force majeure, shall be excused from its obligation
to that extent. Notwithstanding the foregoing,
neither Distrigas nor DOMAC shall be excused from
obligations existing at the date of such notice of
force majeure, including DOMAC's obligation to pay
sums owing for LNG delivered and sold prior to such
notice of force majeure. The cause of such
inability shall insofar as possible be remedied
within a reasonable time and performance resumed.
4.2. The term "force majeure" as employed herein shall
mean acts of God, strikes, lockouts, or other
industrial disturbances, acts of the public enemy,
wars, blockades, insurrections, riots, epidemics,
landslides, lightning