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