CONTRACT FOR ACCESS TO THE FOS-CAVAOU LNG TERMINAL … · FOSMAX LNG DOES NOT ACCEPT LIABILITY FOR THIS DOCUMENT Contract for Access to the Fos-Cavaou LNG Terminal FCXXXX page 1/4

FOSMAX LNG DOES NOT ACCEPT LIABILITY FOR THIS DOCUMENT

Contract for Access to the Fos-Cavaou LNG Terminal FCXXXMMAA version dated 1 April 2019 page 1/2

CONTRACT FOR ACCESS

TO THE FOS-CAVAOU LNG TERMINAL

FCXXXMMAA

English translation for information

Disclaimer

The present translation is not binding and is provided by Fosmax LNG exclusively for information purposes. Fosmax LNG disclaims any warranty of any kind as to the accuracy and completeness of the present translation, the document in French being the sole and unique reference for the execution of the Contract and that would in any case prevail over any translated version. Fosmax LNG reserves the right to update the translation at any time as deemed necessary by Fosmax LNG to improve and/or adjust the quality and/or content of the translation submitted and available on Fosmax LNG’s website. The Shipper is free to use the translated document at its own risk and under its own responsibility, and remains liable to check the latest version available on the website for this purpose. In addition to the translation proposed by Fosmax LNG, the Shipper may use at its own risk and costs, other translated documentation if deemed necessary by the Shipper with the understanding that in any event a translation would not be taken into consideration if a discrepancy were to arise between the translation and the French version.


Contract for Access to the Fos-Cavaou LNG Terminal FCXXXMMAA version dated 1 April 2019 page 2/2

BETWEEN: Fosmax LNG, a Simplified Joint Stock Company with capital of 48,356,960 euros, with its head office located at 11 avenue Michel Ricard, 92270 BOIS-COLOMBES, entered in the Nanterre Trade and Companies Register under number 440 117 653, represented by Mrs Sandra Roche-Vu Quang, acting in her capacity as Chairwoman, duly authorised for the purposes hereof, Hereinafter referred to as the "Operator", Party of the first part, AND: [to be completed], a company incorporated under [to be completed] law with registered office in [to be completed], registered in [to be completed] under number [to be completed], represented by [to be completed], acting in the capacity of [to be completed], duly authorised for the purposes of this agreement, Hereinafter referred to as the "Shipper", Party of the second part, The Operator and the Shipper shall be individually referred to as a "Party" and collectively referred to as the "Parties",

WHEREAS:

The Operator is the owner, at Fos-Cavaou, of a LNG Terminal that may receive Liquefied Natural Gas and shall ensure the commercial operation thereof.

The Shipper aims to subscribe, in an existing contractual framework, to regasification capacities marketed at the Fos Cavaou LNG terminal.

THE FOLLOWING HAS BEEN AGREED:

Article 1

The Operator and the Shipper shall conclude a contract for access to the Fos-Cavaou LNG Terminal (the "Contract"). The Contract shall consist of this document and the Appendices hereinafter, having contractual value:

– Appendix 1: Specific Conditions;

– Appendix 2: General Terms and Conditions;

– Appendix 3: Vessel-Related Procedures;

– Appendix 4: Measuring, Counting and Quality Procedures;

– Appendix 5: Price and Value of the Rate Terms;

– Appendix 6: Calculation Terms and Conditions for Reference Send-Outs;

– Appendix 7: Negative Shared Stock Level and Offsetting Procedures.

Unless expressly mentioned otherwise and except for Appendix 1, which in any case shall take precedence in the application and interpretation thereof over the other Appendices of this Contract, in the event of contradiction or difficulty in interpretation between the various contractual documents, the order of priority of their provisions shall be opposite to that of their citation in the above-mentioned list.

In the event of a request to subscribe to capacity by the Shipper that has been accepted by the Operator in compliance with the regulations concerning requests for capacity and their allocation, the Parties agree to conclude an amendment to the Contract implementing modification of Appendix 1 accordingly. Article 2

The Shipper expressly acknowledges that the Contract shall not prejudice the application of the rules concerning requests to subscribe to capacity and their allocation in effect at the time of the request to subscribe. Signed in Bois-Colombes in two original copies, on . For the Shipper For the Operator


Contract for Access to the Fos-Cavaou LNG Terminal FCXXXX page 1/4 Appendix 1 - Specific Conditions – Version dated 1 April 2019

APPENDIX 1

SPECIFIC CONDITIONS


Disclaimer




1 DESIGNATED CONTACTS

Operator's representatives Shipper's representatives

• Address for correspondence and invoicing:

FOSMAX LNG Bât. EOLE 11 avenue Michel Ricard 92270 Bois Colombes FRANCE

• Address for correspondence and invoicing:

• Contract signatory:

Sandra ROCHE-VU QUANG Chairwoman11 avenue Michel Ricard - TSA 90100 92276 Bois Colombes cedex Tel: +33 (0)1 46 52 34 10 e-mail: [email protected]

• Contract signatory:

• Contacts:

✓ Commercial:

Benoît DUEE Vice President, Market Development and Sales

Tel.: +33 (0)1 46 52 36 05

e-mail: [email protected]

Jean-Luc Lessard Commercial Manager

Tel.: +33 (0)1 46 52 36 04


• Contacts:

➢ Commercial:

✓ Operational:

Operational Stand-by

Tel: +33 (0)6 85 11 28 37


➢ Operational:

• Invoice:

Jean-Luc Lessard Tel: +33 (0)1 46 52 36 04


• Invoice:

mailto:[email protected]







2 SERVICE START DATE AND CONTRACT EXPIRY DATE

Service Start Date:

Contract Expiry Date:

3 SUBSCRIPTION

3.1 Unloading

For the period from XX to XX, the Subscription is for:

Symbol and title Value

NDC Number of Contractual Unloadings

QDC Contractual Unloaded Quantity Gm3 MWh (GCV)

The Subscription in volume is expressed in energy by using a GCV of 11.75 kWh/m3

3.2 Reloading (volume reloaded over 20 000 m3 LNG per operation)

For Year xx, as a full Year, the Subscription is for:

Symbol and title Value

NRC Number of Contractual Reloadings

QRC Contractual Reloaded Quantity Gm3 MWh (GCV)

3.3 Uniform Send-Out Option

Unloaded Quantity subject to Uniform Send-Out Option (QB)

Uniform Send-out Option Time

Window of Arrival

MWh (GCV) (Days)

3.4 Cargo Sharing Service

Shipper share (%PC) Quantity Unloaded (QDCPC) by all Shippers

Number of Shippers (n) Window of Arrival



3.5 Monthly Storage Space

ESM allocated

in MWh (GCV)

Month/Year

3.6 Pooling Service

Window of Arrival Unloaded Quantity linked to the Pooling Service

MWh (PCS)

3.7 Reloading (volume reloaded lower than 20 000 m3LNG per operation)

Symbole et intitulé Valeur Unité

TFRMM Number of Contractual Reloadings -

TQRMM Contractual Reloaded Quantity Gm3 MWh (PCS)

4 TYPE OF SERVICE

The Shipper has subscribed to the following service:

5 LNG STOCK TRANSFER

The Shipper has subscribed to a LNG Stock Transfer:

6 OVERDRAFT AUTHORISATION

The Shipper shall benefit from the following Overdraft Authorisation:


Contract for Access to the Fos-Cavaou LNG Terminal FCXXXX page 1/40 Appendix 2 -General Terms and Conditions - Version dated 1 April 2019

APPENDIX 2

GENERAL TERMS AND CONDITIONS


Disclaimer




TABLE OF CONTENTS

1 DEFINITIONS................................................................................................................................................ 6

2 PURPOSE ................................................................................................................................................... 12

3 PERFORMANCE CONDITIONS ................................................................................................................. 12

4 TERM .......................................................................................................................................................... 12

5 RECEPTION AND SEND-OUT OBLIGATIONS AND LIMITATIONS ......................................................... 12

5.1 THE OPERATOR'S OBLIGATIONS RELATING TO RECEPTION AND LIMITATIONS ..................................................... 12

5.2 THE OPERATOR'S OBLIGATIONS RELATING TO SEND-OUT AND LIMITATIONS...................................................... 12

5.3 IMPLEMENTATION OF LIMITATIONS ................................................................................................................ 13

5.4 SHIPPER’S OBLIGATIONS RELATING TO THE SEND-OUT .................................................................................. 13

6 SERVICES CONNECTED WITH THE SUBSCRIPTION ............................................................................ 13

6.1 REGASIFICATION SERVICE .......................................................................................................................... 13

6.1.1 SMART ........................................................................................................................................... 13

6.1.2 SPOT .............................................................................................................................................. 13

6.2 UNIFORM SEND-OUT OPTION ..................................................................................................................... 13

6.3 SUBSCRIPTION ACCOUNT ........................................................................................................................... 14

6.3.1 Credit to the subscription account ................................................................................................... 14

6.3.2 Debit from the subscription account ................................................................................................ 14

6.4 POOLING SERVICE ..................................................................................................................................... 14

6.4.1 Calculation of the Pooling credit ..................................................................................................... 14

6.4.2 Price Calculation ............................................................................................................................. 15

7 SCHEDULING, RESCHEDULING AND NOMINATION ............................................................................. 15

7.1 ANNUAL SCHEDULE ................................................................................................................................... 15

7.1.1 Shipper's Annual Schedule Request for an Unloading ................................................................... 15

7.1.2 Shipper's Annual Schedule Request for a Reloading ..................................................................... 15

7.1.3 Determination and notification of the Annual Schedule by the Operator ........................................ 15

7.1.4 Annual Schedule change request ................................................................................................... 16

7.2 MONTHLY SCHEDULE ................................................................................................................................. 16

7.2.1 Shipper's Monthly Schedule Request ............................................................................................. 16

7.2.2 Allocation of Windows of Arrival by the Operator ............................................................................ 17

7.2.3 Allocation of the Reference Send-Out by the Operator ................................................................... 17

7.2.4 Notification of the Monthly Schedule by the Operator ..................................................................... 17

7.3 INTRA-MONTHLY SCHEDULING AND RESCHEDULING ....................................................................................... 17

7.3.1 Intra-monthly scheduling of a new operation at the Shipper's initiative ........................................... 17

7.3.2 Intra-monthly rescheduling of operations already scheduled at the Shipper's initiative .................. 17

7.3.3 Modification of the Monthly Schedule at the initiative of the Operator ............................................ 18

7.3.4 Use of the Flexibility Service at the initiative of the Shipper ............................................................ 18

7.3.5 Use of the Dedicated Storage Service at the initiative of the Shipper ............................................. 18



7.3.6 Intra-daily rescheduling of the Daily Send-Out by the Operator ...................................................... 18

7.4 PRACTICAL TERMS AND CONDITIONS ............................................................................................................ 18

8 SERVICES CONNECTED WITH THE SEND-OUT ..................................................................................... 19

8.1 SEND-OUT FLEXIBILITY SERVICE ................................................................................................................. 19

8.1.1 Weekly Send-Out Flexibility ............................................................................................................ 19

8.1.2 Daily Send-Out Flexibility ................................................................................................................ 19

8.1.3 Stock Draining ................................................................................................................................ 19

8.1.4 Practical terms and conditions ........................................................................................................ 20

8.2 DEDICATED STORAGE SERVICE................................................................................................................... 20

8.2.1 Rules for allocation of Contractual Storage Space ......................................................................... 20

8.2.2 Rules for allocation of Monthly Storage Space ............................................................................... 20

8.2.3 Rules for using the Dedicated Storage Service .............................................................................. 20

8.2.4 Practical terms and conditions ........................................................................................................ 22

8.3 LNG STOCK TRANSFER FOR SEND-OUT ...................................................................................................... 22

9 SHIPPER'S SHARED STOCK LEVEL ....................................................................................................... 22

9.1 SHARED STOCK LEVEL ............................................................................................................................... 22

9.2 REFERENCE SHARED STOCK LEVEL ............................................................................................................ 22

9.3 ASSESSMENT ............................................................................................................................................ 23

10 RECEPTION CONDITIONS ........................................................................................................................ 23

10.1 VESSEL APPROVAL .................................................................................................................................... 23

10.2 OPERATIONAL CONDITIONS OF RECEPTION ................................................................................................... 23

10.3 MANAGEMENT OF EVAPORATIONS DURING UNLOADING OR RELOADING AND CONSEQUENCES ............................ 23

10.4 PORT CALL DURATION ............................................................................................................................... 24

10.5 SAFETY AND PROPER EXECUTION OF PORT CALLS ........................................................................................ 24

11 PRICES ....................................................................................................................................................... 24

11.1 PRICE STRUCTURE ..................................................................................................................................... 24

11.2 SHIPPER'S MINIMUM PAYMENT OBLIGATIONS ................................................................................................. 24

11.3 REDUCTION OF THE SHIPPER'S MINIMUM PAYMENT OBLIGATIONS .................................................................... 25

11.3.1 Case of Unloading .......................................................................................................................... 25

11.3.2 Case of Reloading .......................................................................................................................... 25

11.4 DEMURRAGE AND OVERRUN OF PORT CALL. ................................................................................................. 25

11.4.1 Overrun of Port Call related to a Specific Service ........................................................................... 25

11.4.2 Demurrage ...................................................................................................................................... 25

11.5 GAS OFFTAKE ........................................................................................................................................... 26

11.6 GAS RESTITUTION ..................................................................................................................................... 26

12 INVOICING AND PAYMENT METHODS ................................................................................................... 26

12.1 PAYMENT GUARANTEE ............................................................................................................................... 26

12.1.1 Amount and conditions for the Payment Guarantee ....................................................................... 26

12.1.2 Derogations .................................................................................................................................... 27

12.1.3 Implementation of the Payment Guarantee .................................................................................... 27

12.2 NEGATIVE STOCK AND OFFSETTING GUARANTEE .......................................................................................... 27



12.3 MONTHLY INVOICING .................................................................................................................................. 27

13 DETERMINATION OF UNLOADED, RELOADED AND SENT OUT QUANTITIES ................................... 28

13.1 DETERMINATION OF UNLOADED QUANTITIES OR RELOADED QUANTITIES ......................................................... 28

13.1.1 Cargo inspection operations ........................................................................................................... 28

13.1.2 Measurement of the characteristics of the unloaded LNG or the reloaded LNG and the return gas ... 29

13.1.3 Determination of the Unloaded/Reloaded Quantity, Cargo Report ................................................. 29

13.2 DETERMINATION OF THE QUANTITIES SENT OUT ............................................................................................. 30

13.3 RECTIFICATION, VERIFICATION AND USE OF THE MEASUREMENTS TAKEN ON THE TERMINAL................................ 30

13.3.1 Reception Measuring System and rectification of measurements by the Operator ........................ 30

13.3.2 Verification and correction of measurements at the request of the Shipper .................................... 30

13.3.3 Use of the measurements by the Operator ..................................................................................... 30

14 GAS QUALITY ............................................................................................................................................ 30

14.1 UNLOADED LNG SPECIFICATIONS ............................................................................................................... 30

14.2 LOADING CERTIFICATE AND MEASURING METHODS ........................................................................................ 31

14.3 CONSEQUENCE OF NON-COMPLIANCE WITH THE SPECIFICATIONS .................................................................... 31

15 RIGHTS CONCERNING THE GAS AND ADMINISTRATIVE AUTHORISATIONS ................................... 32

15.1 CASE OF UNLOADING ................................................................................................................................. 32

15.2 CASE OF RELOADING ................................................................................................................................. 32

16 FORCE MAJEURE AND SUSPENSION OF CONTRACTUAL OBLIGATIONS ........................................ 32

16.1 FORCE MAJEURE EVENTS .......................................................................................................................... 32

16.2 CONSEQUENCES OF A FORCE MAJEURE EVENT ............................................................................................ 32

16.3 OBLIGATIONS OF THE PARTY INVOKING A FORCE MAJEURE EVENT ................................................................. 33

17 MAINTENANCE OF THE TERMINAL AND OTHER WORK ...................................................................... 33

17.1 SCHEDULED WORK .................................................................................................................................... 33

17.2 UNSCHEDULED WORK ................................................................................................................................ 33

18 SAFETY AND OPERATIONAL INSTRUCTIONS ....................................................................................... 34

19 MANAGEMENT OF SEND-OUT SHUTDOWN PERIODS DUE TO SHORTAGE OF LNG ....................... 34

20 LIABILITY AND INSURANCE .................................................................................................................... 34

20.1 LIABILITY WITH REGARD TO THIRD PARTIES ................................................................................................... 34

20.2 LIABILITY BETWEEN THE PARTIES ................................................................................................................ 35

20.2.1 Bodily injury .................................................................................................................................... 35

20.2.2 Material damage ............................................................................................................................. 35

20.2.3 Consequential damage ................................................................................................................... 35

20.2.4 Limits .............................................................................................................................................. 35

20.3 INSURANCE ............................................................................................................................................... 35

21 CONTRACT REVISION .............................................................................................................................. 36

21.1 REVISION RELATED TO LEGAL OR REGULATORY PROVISIONS ........................................................................... 36

21.2 OTHER REVISION SITUATIONS ...................................................................................................................... 36

22 TAXES AND DUTIES ................................................................................................................................. 36

23 IMPORTS, EXPORTS AND ADMINISTRATIVE FORMALITIES................................................................ 36

24 INFORMATION ........................................................................................................................................... 37



25 CONFIDENTIALITY .................................................................................................................................... 37

26 TERMINATION OF CONTRACTS .............................................................................................................. 37

27 TERMINATION ........................................................................................................................................... 37

27.1 TERMINATION FOR BREACH ......................................................................................................................... 37

27.2 TERMINATION FOR FORCE MAJEURE ............................................................................................................ 38

28 ASSIGNMENT ............................................................................................................................................ 38

29 SUB-LEASING............................................................................................................................................ 38

30 UNUSED CAPACITIES: "USE IT OR LOSE IT" CLAUSE ........................................................................ 38

31 MISCELLANEOUS ..................................................................................................................................... 39

31.1 DIVISIBILITY .............................................................................................................................................. 39

31.2 TOLERANCE .............................................................................................................................................. 39

32 DISPUTES AND APPLICABLE LAW ......................................................................................................... 39



1 DEFINITIONS

For the purposes of the Contract, the terms hereafter are defined as follows, in the singular and plural forms.

Unless otherwise specifically indicated, the time reference is statutory French time.

Adjusted Arrival Slot: period rescheduled by the Operator for the arrival of the Vessel at the Pilot Boarding Station in accordance with the provisions of Paragraph 3.2 of Appendix 3.

Affected Shipper: shipper for which the Reference Send-Out is changed following a modification, a cancellation or a postponement of a Window of Arrival or a change in the size of the Cargo of another shipper.

Annual Schedule Request: request sent by the Shipper to the Operator in accordance with Paragraph 7.1 of the General Terms and Conditions.

Annual Schedule: schedule drawn up by the Operator that stipulates the Window of Arrival for each Cargo to be transferred over a Year.

Approval Procedure: procedure for acceptance of an LNG vessel by the Operator, for the purpose of checking the compatibility of a Vessel with the Operator's facilities in terms of design, operating mode, communication and safety, in order to make it possible to carry out the Cargo Transfer operations in complete safety and in accordance with the Operator's requirements as set out in Appendix 3.

Approval: acceptance of an LNG vessel by the Operator according to the Approval Procedure for the said vessel. The list of Vessels approved at the Terminal is published on the Operator's website.

Bunkering: fuelling of the Vessel during the Port Call in accordance with the provisions of Appendix 3.

Captain: commander of the Vessel.

Cargo Report: document referred to in Paragraph 13.1.3 of the General Terms and Conditions including all of the information listed in Appendix 4.

Cargo Sharing Service: service that allows multiple shippers to unload from one Vessel a Cargo shared between them. The subscription of this service is performed by each shipper sending a Cargo Sharing Service subscription letter available on the Operator's website.

Cargo Transfer: corresponds to Unloading or Reloading.

Cargo: Natural Gas in liquid or gas phase contained within the tanks and manifolds of a Vessel.

Charterer: time-charter of the Vessel.

Classification Company: inspection company that monitors vessels during their construction and their operation.

Commercial Operations: operations defined in Paragraph 3.6 of Appendix 3 and that are carried out when the Vessel is alongside the dock.

Contract Expiry Date: date indicated in Appendix 1 (Specific Conditions).

Contract: refers to all of the contractual documents making up the contract for access to the LNG terminal entered into between the Shipper and the Operator.

Contractual Reloaded Quantity (QRC): total quantity of energy, expressed in MWh (GCV) per year that the Shipper plans to reload at the Terminal during the Period of Validity; the value of the QDC is defined in the Specific Conditions.

Contractual Storage Space (ESC): total energy space, expressed in MWh (GCV), allocated each Year to the Shipper under the Dedicated Storage Service according to the allocation rules defined in paragraph 8.2.1 of the General Terms and Conditions.

Contractual Unloaded Quantity (QDC): total quantity of energy, expressed in MWh (GCV) per year that the Shipper plans to unload at the Terminal during the Period of Validity; the value of the QDC is defined in the Specific Conditions.

Daily Send-Out: quantity of energy, expressed in MWh (GCV), delivered on a given Day by the Operator to the PITTM.

Day (D): period starting at 6 (six) am on a given day and finishing at 6 (six) am on the next day.

Dedicated Stock Level: state of the quantity of LNG, expressed in MWh (GCV), property of the Shipper on a given Day, under the Dedicated Storage Service.

Dedicated Storage Service: service allowing each Shipper to benefit from a storage space expressed in MWh (GCV), which is dedicated to it, in accordance with the rules defined in paragraph 8.2. of the General Terms and



Conditions.

Dedicated Storage Space (ESD): total energy space, expressed in MWh (GCV), allocated to the Shipper under the Dedicated Storage Service according to the allocation rules defined in paragraph 8.2 of the General Terms and Conditions and corresponding to the sum of the Contractual Storage Space and the Monthly Storage Space.

Effective Port Call Duration: actual time spent during the Vessel's Port Call as defined in Paragraph 10.4 of the General Terms and Conditions and Paragraph 3.6 of Appendix 3.

Effective Time of Arrival: Time of receipt by the Operator of the Notice of Arrival of the Vessel at the Pilot Boarding Station defined in Appendix 3.

End of unberthing: release of the Vessel's last anchor and departure from the Terminal's dock.

Energy Content: quantity of energy, expressed in MWh (GCV), contained in a given quantity of Natural Gas.

Estimated Time of Arrival (ETA): estimated time of arrival of the Vessel at the PBS of the GPMM.

Flexibility Service: a service allowing Shippers to benefit from Daily Send-Out flexibility around the Reference Send-Out, in accordance with paragraph 8.1 of the General Terms and Conditions.

Flexibility: range of possible Daily Send-Outs determined in accordance with paragraph 8.1 of the General Terms and Conditions.

French Energy Regulation Commission (CRE): independent administrative authority organised in particular by Title III of Book I of the French Energy Code.

Gas Offtake: offtake in kind referred to in Paragraph 11.5 of the General Terms and Conditions.

Gas Restitution: restitution in kind referred to in Paragraph 11.6 of the General Terms and Conditions.

GPMM: Grand Port Maritime de Marseille, where the Terminal is located

Gross Calorific Value (GCV): quantity of heat, expressed in kWh, that would be released by complete combustion at the pressure of 1.01325 bar of one m³(n) of dry gas under real conditions (volumetric GCV) or one kilogram of dry gas (mass GCV) in the air, with all of the combustion products being considered at the same temperature of 25 °C and at the same pressure of 1.01325 bar as those of the reacting bodies (the dry gas and the air) both in gaseous state, with the exception of the combustion water, which is considered in liquid state.

Hour: a period of 60 (sixty) consecutive minutes beginning and ending on the hour.

IGC Code (International Gas Code): international compendium of rules relating to the construction and equipment of vessels that carry liquefied gases in bulk and its amendments in force.

International Maritime Organization (IMO): specialised agency of the United Nations responsible for the safety and security of transportation, and the prevention of marine pollution by ships.

Invoicing Period: designates the Period of Validity, when this is less than one year. When the Period of Validity is greater than or equal to one year, it designates a period of one year starting on the Service Start Date, or its anniversary date, except for the last year of the Period of Validity when it refers to the period between the anniversary of the Service Start Date and the Contract Expiry Date.

kWh (GCV): quantity of dry natural gas for which the complete combustion at the pressure of 1.01325 bar in dry air would produce a quantity of heat of one kWh, with all of the combustion products being returned to the same temperature of 25 °C and to the same pressure of 1.01325 bar as that of the reacting bodies (the dry gas and the air), both in gaseous state, with the exception of the combustion water, which is returned to liquid state.

List of Approved Vessels: list of Vessels authorised to have access to the Terminal following the Approval Procedure, published on the Operator's website.

LNG (Liquefied Natural Gas): Natural Gas in liquid state.

LNG Seller: counterpart of the Shipper for the supply of LNG delivered to the Terminal.

LNG Stock Transfer Quantity: quantity of energy, expressed in MWh (GCV), delivered or received by the Shipper under an LNG Stock Transfer, as described in paragraph 8.3 of the General Terms and Conditions.

LNG Stock Transfer: exchange of LNG quantities stored in the Terminal between Shippers, in accordance with the rules described in Article 8.3 of the General Terms and Conditions.

Loading Certificate: document referred to in Paragraph 14.2 of the General Terms and Conditions including all of the information listed in Appendix 4.

Loading Port: port in which the Cargo is loaded onto the Vessel.

Loading: operation that involves transferring LNG from a liquefaction plant or LNG terminal to the Vessel's tanks



for delivery to the terminal.

Maritime Safety Rules: set of international regulations (IMO Conventions; European Commission regulations and directives in particular), national regulations (State laws and regulations on Shipping and coastal States) and local regulations (rules laid down by the maritime authorities and the GPMM) that govern the safety of maritime transportation as well as all of the recommendations established by the independent professional organisations (SIGTTO and OCIMF).

Methane Terminal Transport Interface Point (PITTM): point located at the flange connecting the Terminal to the Transmission System, and corresponding to the point of delivery of the Transmission Contract.

Metrology Organisation: organisation authorised to draw up and validate vessel measurement scales and certify instrumentation (levels, temperature sensors, chromatographs) used for Cargo inspection.

Month (M): the period starting at six (6) am on the first day of a given calendar month and ending at six (6) am on the first day of the following calendar month.

Monthly Schedule Request: request sent by the Shipper to the Operator in accordance with Paragraph 7.2 of the General Terms and Conditions.

Monthly Schedule: schedule drawn up by the Operator that determines the Window of Arrival for each Cargo and the Reference Send-Out over a Month.

Monthly Storage Space (ESM): total energy space, expressed in MWh (GCV), allocated to the Shipper under the Dedicated Storage Service for a given Month according to the allocation rules defined in paragraph 8.2.2 of the General Terms and Conditions.

Natural Gas: inflammable, colourless gas made up primarily of methane, which may contain low quantities of ethane, propane and nitrogen.

Negative Stock and Offsetting Guarantee: guarantee provided by the Shipper to the Operator pursuant to Appendix 7.

Nominal Terminal Flow Rate: designates the value expressed in MWh(GCV)/d, as will result from the division of the annual LNG input capacity published on the Operator's website, of around 8.25 Gm³/year, multiplied by the average provisional GCV for gas delivered by the Terminal published on the Operator's website for the current calendar year, by 365.

Normal Cubic Meter (m³(n)): quantity of gas which, at zero (0) degrees Celsius and below an absolute pressure of 1.01325 bar, occupies a volume of one (1) cubic meter.

Notice of Arrival: document issued by the Captain of the Vessel once the Vessel on the harbour is ready for berthing, the model of which appears in Appendix 3.

Notice of Force Majeure: notification by a Party to the other Party pursuant to Article 16 of the General Terms and Conditions.

Number of Contractual Reloadings (NRC): number of Reloadings that the Shipper plans to make over an Invoicing Period; the value of the NRC is defined in the Specific Conditions for each of the Contract's Invoicing Periods.

Number of Contractual Unloadings (NDC): number of Unloadings that the Shipper plans to make over an Invoicing Period; the value of the NDC is defined in the Specific Conditions for each of the Contract's Invoicing Periods.

Offset Quantity: quantity of energy, expressed in MWh (GCV) or equivalent sum of money, delivered or received by the Shipper to offset all or part of the Daily Send-Out specified in accordance with the provisions of Appendix 7.

Oil Companies International Marine Forum (OCIMF): association of oil companies involved in shipping and the operation of oil (crude oil or petroleum products), petrochemical and gas terminals. Its mission is to be the most advanced organisation in terms of safety and environmental responsibility for the operation of ships, terminals and vessels for offshore support in the field of hydrocarbons, and working continuously to improve standards applied to their design and operation.

Operating Record: form used to define the Port Call parameters and the chronology for Port Call operations, for which the template is given in Appendix 3.

Operational Instruction: instruction given by the Operator to the Shipper pursuant to Article 18 of the General Terms and Conditions.

Operational Procedures: part of the Contract made up of its Appendices 3 and 4, which describe the respective obligations of the Parties with regard to the operational aspects of fulfilment of the Contract and, in particular, the Unloading, Reloading and the measurements of the Quantities Unloaded or Reloaded.



Operator: designates the owner and manager of the Terminal and its subcontractors.

Operator's website: the Operator's website accessible at the following address: http://www.fosmax-lng.com.

Overdraft Authorisation: minimum permissible values of the Shared Stock Level.

Parent Company: means (i) any company listed on a regulated market controlling the Shipper directly or indirectly, (ii) and if no listed company controls the Shipper, any unlisted company or entity ultimately controlling the Shipper, without this company or entity itself being controlled by a company or entity. For the needs of this definition, control shall mean as defined in Article L. 233-3 of the French Commercial Code (Code de commerce) or, for shares held by foreign companies, any equivalent standard by virtue of the legislation applicable to these companies. In any case, a company shall be deemed to be controlled by another entity whenever the latter directly or indirectly holds more than 50% of the total shares in the said company, on the understanding that to calculate the shareholding in the Shipper's company capital, the percentage of the shareholding in the Shipper's company must be adjusted by the fraction of each intermediate shareholding of each company having a direct or indirect interest in the Shipper's capital.

Party: any of the signatories of the Contract.

Payment Guarantee: guarantee provided by the Shipper to the Operator pursuant to Paragraph 12.1 of the General Terms and Conditions.

PEG : Gas exchange point in France.

Period of Validity: period between the Service Start Date and the Contract Expiry Date, indicated in the Specific Conditions.

Personal data: any information relating to an identified or identifiable natural person (hereinafter referred to as

"Individual Concerned"). An “identifiable natural person” is a natural person who can be identified, directly or indirectly, in particular by reference to an identifier, such as a name, an identification number, location data, an online identifier, or one or more specific elements specific to its physical, physiological, genetic, psychic, economic, cultural or social identity.Pilot Boarding Station (PBS): place where the pilot takes control of the Vessel in the GPMM.

Point of Interface Transport Terminal Méthanier (PITTM): point located at the terminal’s connection flange with the Transport Network, and corresponding to the point of entry of the Routing Contract.

Pooling Credit: value of the subscriptions for Month M not used on a regulated French terminal and able to be used, during this same Month M, on another regulated French terminal in the context of the Pooling Service in accordance with the provisions of paragraph 6.4 of these General Terms and Conditions.

Pooling Service: service offered to Shippers having Subscriptions in at least one of the regulated French terminals enabling them to use part of these Subscriptions in one of the other regulated terminals, in accordance with the provisions detailed in paragraph 6.4 of the General Terms and Conditions.

Port Authorities: the public authorities that are responsible for, in particular, management of the GPMM and Vessel movements.

Port Call Duration: contractual time allocated to each Vessel in accordance with Paragraph 10.4 of the General Terms and Conditions and Paragraph 3.6 of Appendix 3 for carrying out all of the Port Call operations.

Port Call: all of the operations mentioned in Paragraph 3.6 of Appendix 3.

Port Services: all of the services used by the Vessel at the GPMM, in particular the Vessel's shipping agent, boatage company, piloting station, towing company, harbourmaster’s office, port officer, guard company, crane company, and the gangway installation agent, etc.

Preliminary Meeting: meeting organised between the representatives of the Vessel and those of the Operator before Unloading or Reloading, referred to in Appendix 3.

Program of Work: annual schedule determined by the Operator that shows the unavailability (periods and level) caused by work to be carried out on the Terminal.

Prudent and Reasonable Operator: a person seeking in good faith to perform its contractual obligations and who, in so doing, exercises the skill, diligence, prudence and foresight which would reasonably and usually be expected from a skilled and experienced operator acting in accordance with laws and regulations under similar circumstances and conditions.

Reception Measuring System: all of the equipment and procedures for sampling, measuring, component analysis, calculation and electronic transmission used by the Operator in order to determine the Quantities Unloaded and the



quality of the gas, in accordance with Article 14 of the General Terms and Conditions and Appendix 4.

Reception: all of the operations carried out by the Operator with a view to accommodating the Vessel in the Terminal.

Reference Shared Stock Level: state of the quantity of LNG, expressed in MWh (GCV), scheduled to be the property of the Shipper on a given Day, as shared stock.

Reference Send-Out: quantity of energy, expressed in MWh (GCV), that the Operator schedules to deliver for a certain period to the PITTM, in accordance with the provisions of Appendix 6.

Regasification: operation involving the conversion of LNG into gas in the gaseous state in order to make it available for the Shipper at the entry of the Transmission System.

Reloaded Quantity: quantity of energy, expressed in MWh (GCV), which is equal to the Energy Content of the LNG transferred from the Terminal to the Vessel during a Reloading. This quantity is determined pursuant to the provisions defined in Paragraph 13.1 of the General Terms and Conditions.

Reloading Request: request sent by the Shipper to the Operator for the implementation of a Reloading service.

Reloading: operation involving the transfer of LNG from the Terminal to the Vessel.

Scheduling: procedure pursuant to Article 7 of the General Terms and Conditions.

Send-Out Measuring System: all of the measuring and calculation equipment, electronic transmission equipment and calculation procedures or systems used by the Operator to determine the quantities of Natural Gas delivered to the PITTM and their Energy Content.

Send-Out Ratio: percentage for distributing the global send-out of the Shippers that have subscribed to the SMART service between them, as described in Appendix 6.

Send-Out: operation involving delivery of the quantities of Natural Gas from Regasification to the PITTM.

Service Start Date: date indicated in the Specific Conditions.

Shared Stock Level: state of the quantity of LNG, expressed in MWh (GCV), property of the Shipper on a given Day, as Shared stock.

Ship Owner: owner and/or operator of the Vessel.

Shipper Responsible: shipper for which the modification, cancellation or postponement of the Window of Arrival or change in the size of the Cargo results in changes to the Reference Send-Out of another shipper.

Shipper: shipper that has signed this Contract with the Operator.

Shippers: all shippers that have signed a Contract with the Operator.

Ship-Shore Checklist: regulatory document completed by the Captain and the Operator before starting any operation in accordance with Appendix 3.

Ship-Shore Safety Plan (SSSP): document drawn up jointly by the Operator, the Ship Owner and the Shipper as described in Appendix 3.

SMART: basic Regasification service accessible to any Shipper from the first Unloading as described in paragraph 6.1.1 of the General Terms and Conditions.

Society of International Gas Tanker & Terminal Operators (SIGTTO): international organisation of gas terminal and tanker operators, allowing them to share their feedback, address common issues and jointly develop best practices and acceptable standards. Its mission is to promote shipping and terminal operations for liquefied gases which are safe, environmentally responsible and reliable.

Specific Services: all of the services and related rates described in the catalogue of services published on the Operator's website.

SPOT: Regasification service, reserved for subscribed Unloadings, for a Given Month M, after the twentieth (20th) Day of Month M-1 as described in paragraph 6.1.2 of the General Terms and Conditions.

Stock Draining: service as described in Paragraph 8.1.3 of the General Terms and Conditions.

Subscription Account: account accessible to any Shipper that has subscribed to the SMART service and able to be credited for any unscheduled or cancelled Unloadings (in Number of Contractual Unloadings and Contractual Quantities Unloaded), in accordance with the provisions of paragraph 6.3 of the General Terms and Conditions.

Subscription: defined in Article 3 of Appendix 1 (Specific Conditions).

Terminal: all of the installations and equipment of the Fos-Cavaou LNG Terminal.



Trading Regional France (TRF): single gas balancing zone in France.

Transmission Contract: contract between the Shipper and the Transmission System Operator that enables the routing of quantities of Natural Gas on the Transmission System starting from the PITTM (LNG Terminal Transmission Interface Point).

Transmission System Operator: natural or legal person that operates the Transmission System to which the Terminal is connected and that is party to the Transmission Contract.

Transmission System: all of the structures, facilities and systems operated by or under the responsibility of the Transmission System Operator.

Uniform Send-Out Option: Option accessible to any Shipper, in accordance with paragraph 6.2 of the General Terms and Conditions allowing constant send-out for a period from twenty (20) to forty (40) Days, in accordance with Appendix 6.

Unloaded Quantity: quantity of energy, expressed in MWh (GCV), which is equal to the Energy Content of the quantity of gas transferred to the Terminal during an Unloading. This quantity is determined pursuant to the provisions defined in Paragraph 13.1 of the General Terms and Conditions.

Unloading: an operation consisting of transferring all or part of the Cargo to the Terminal.

Vessel Capacity: volume of LNG at –160 °C measured in m³ that can be contained in the tanks of the Vessel if these are 100% full.

Vessel: any LNG vessel or tanker suitable for bulk LNG transfer.

Week (W): a period of seven (7) consecutive Days, starting on Monday at six (6) am and ending at six (6) am the following Monday.

Window of Arrival: Day scheduled, in accordance with the provisions of Article 7 of the General Terms and Conditions, for the arrival of the Vessel at the Pilot Boarding Station.

Wobbe Index: quotient of the Gross Calorific Value by the square root of the relative density under the reference conditions specified in Appendix 4.

Year (N): the period starting at six (6) am on the first day of a given calendar year and ending at six (6) am on the first day of the following calendar year.



2 PURPOSE

The purpose of the Contract is to determine the conditions under which the Operator shall:

o Receive the Vessels sent by the Shipper to the Terminal berth; o Unload the Cargoes of said Vessels; o Store the unloaded quantities of LNG; o Regasify these quantities of LNG into quantities of Natural Gas having the same Energy Content and make

them available to the Shipper at the entry of the Transmission System for collection in view of Gas Offtake; o Allow the Shippers that so wish to assign or receive stored quantities of LNG; o Reload LNG quantities from the Terminal to the Vessel.

3 PERFORMANCE CONDITIONS

The Operator shall not be required to fulfil its obligations under the Contract or one of its addenda as long as:

o the Shipper has not provided the Operator with a copy of its authorisation to supply natural gas in France, if such authorisation is required by the regulations in force;

o the Shipper has not met the requirements related to the guarantees defined in Paragraph 12.1 of the General Terms and Conditions;

o the Shipper has not complied with Appendix 7 or fulfilled its obligations under said appendix; o the Shipper or its agent has not provided the Operator with the reference for its Transmission Contract.

The Operator shall be released from its obligations under the Contract in the event of the absence, total or partial termination, total or partial suspension or non-renewal of the authorisation, of the guarantees and/or the contract referred to in the previous subparagraphs, where applicable for the portion of the quantities affected by this absence, this termination or this suspension.

4 TERM

The Contract shall enter into force on the date it is signed, except as otherwise expressly indicated in the Specific Conditions.

The Operator's service shall begin on the Service Start Date.

The Contract Expiry Date and the conditions governing the renewal thereof are specified in the Specific Conditions. Any service reductions or interruptions shall have no effect on the Contract Expiry Date.

5 RECEPTION AND SEND-OUT OBLIGATIONS AND LIMITATIONS

5.1 The Operator's obligations relating to Reception and limitations

For each Invoicing Period, the Operator shall undertake, pursuant to the procedure described in Article 7 of the General Terms and Conditions, to schedule Unloaded Quantities of LNG equal to the Contractual Unloaded Quantity.

The Operator shall not be required to schedule, for a given Invoicing Period, Unloaded Quantities of LNG with an Energy Content of more than one hundred and five percent (105%) of the Contractual Unloaded Quantity. This method also applies to each of the Cargoes scheduled in the Invoicing Period.

The Operator shall not be required to schedule, for a given Invoicing Period, a number of Cargoes greater than the Number of Contractual Unloadings.

Subject to Articles 3, 16, 17 and 18 of the General Terms and Conditions, the Operator shall undertake to receive the Cargoes mentioned in the Annual and Monthly Schedule.

5.2 The Operator's obligations relating to Send-Out and limitations

Subject to Articles 3, 16, 17 and 18 and paragraph 11.5 of the General Terms and Conditions, the Operator shall undertake to store, regasify and deliver the Unloaded Quantities to the PITTM so that they can be routed into the Transmission System. The Operator shall undertake to deliver to the Shipper at the PITTM, on any Day, a quantity equal to the Daily Send-Out scheduled for that Day.



The Daily Send-Out scheduled for each Day shall be determined in accordance with Article 7 of the General Terms and Conditions.

5.3 Implementation of limitations

The Operator shall be under no Reception or Send-Out obligation, on any Day, if one of the conditions referred to in this article is not complied with and without the Shipper being entitled to invoke any prejudice due to this fact.

5.4 Shipper’s Obligations relating to the Send-Out

The Shipper shall undertake to subscribe to the transmission capacity corresponding to its Subscription in accordance with the regulatory provisions in force. The Shipper shall undertake to nominate the Daily Send-Out scheduled by the Operator to the Transmission System Operator, in accordance with the provisions of Article 7 of the General Terms and Conditions, within the limit of the transmission capacities proposed by the Transmission System Operator on a given Day.

6 SERVICES CONNECTED WITH THE SUBSCRIPTION

6.1 Regasification Service

Any feasibility and/or reservation request can be sent on any day of the Year by email to the addresses indicated in Appendix 1. The Operator will reply to this request as soon as possible.

6.1.1 SMART

Any Shipper that has subscribed to the SMART service benefits from the services and options described in paragraphs 6.2, 6.3, 6.4, 8.1, 8.2 and 8.3.

As part of this service, the Operator calculates the Shipper's Send-Outs in accordance with the rules described in Appendix 6, article 1 in order to guarantee a Daily Send-out that is as regular as possible.

6.1.2 SPOT

This SPOT service can only be subscribed to after the twentieth (20th) day of Month M-1 for the end of Month M-1 or M.

For any Shipper that has subscribed to the SPOT service, the Send-Out profile for Month M (and where appropriate M-1) is determined by the Operator so as to correspond to the request from the Shipper subject to its impact on the Send-Outs from other Shippers complying with the rules described in Appendix 6, article 2.

For Month M+1 and for the quantities remaining at the end of Month M (Shared Stock Level), the Shipper benefits from the services and options defined in paragraphs 6.2and 8 and said quantities will be issued in Month M+1 according to the SMART rules described in Appendix 6, article 1.


The Operator allocates a Uniform Send-Out Option to Shippers who request it, on a "first come, first served" basis.

The Shipper may not subscribe to a Uniform Send-Out Option plus one Unloading per month or to an annual quantity higher than 12 TWh. In the event that the sum of the Quantities Unloaded or issued as a Uniform Send-Out Option in a given Month is greater than twenty per cent (20%) of the total monthly regasification capacity of the Terminal, the Operator may refuse the request for a Uniform Send-Out Option from the Shipper.

The request from the Shipper should also specify the duration of the Uniform Send-Out Option, which will be a whole number between twenty (20) and forty (40) Days. The Operator shall determine the characteristics of the Shipper's Uniform Send-Out Option, taking into account the technical possibilities of the Terminal for the Month concerned. The Send-Out is defined in Appendix 6, article 3.

A SMART Shipper can request subscription to the Uniform Send-Out Option for a Cargo after publication of the Annual Unloading Schedule for the calendar year concerned and until the Monthly Schedule Request for the Unloading Month concerned.

A SPOT Shipper can request subscription to the Uniform Send-Out Option for the quantities still to be sent out in the Month after the Month of its Unloading Date. This request can be made until the Monthly Schedule Request for the Month after the Month of its Unloading Date.



6.3 Subscription Account

The Subscription Account is credited with the Unloadings not scheduled or cancelled with sufficient notice, as detailed below. This account can then be debited to schedule short term operations.

The following methods apply:

o The use of the Subscription Account does not lead to modification of the Shipper's minimum payment

obligations;

o The Subscription Account can never be negative;

o The Subscription Account is automatically reset to zero at the end of each calendar year;

o The numbers of Unloadings and the quantities contained in the Subscription Account may be assigned in

accordance with article 28 of the General Terms and Conditions.

6.3.1 Credit to the subscription account

When the Annual Schedule is drawn up, the Shipper's Subscription Account is credited with:

o The difference between the Number of Contractual Unloadings and the number of Unloadings scheduled by the Shipper, and

o The difference between the Contractual Quantity Unloaded and the sum of the quantities scheduled for Unloading by the Shipper.

At any time between the publication of the Annual Schedule for year N by the Operator and the twentieth (20th) day of a given Month M-2, the Shipper may remove from the Annual schedule all or part of its number of scheduled Unloadings and/or quantities scheduled for Unloading in Month M. These quantities and/or this number of Unloadings removed from the Annual Schedule will then be credited to the Shipper's Subscription Account.

6.3.2 Debit from the subscription account

When the Monthly Scheduling Request is made or in the context of an intra-monthly scheduling or rescheduling request, the Shipper may use its Subscription Account to increase the number of Unloadings scheduled and/or the quantities scheduled for Unloading for Month M.

This quantity and/or this number of Unloadings will then be debited from the Shipper's Subscription Account, subject to acceptance of the request by the Operator, which will then be implemented in the Monthly Schedule notified to the Shipper or used for the calculation of the Pooling credit.

The Send-Outs will be calculated in accordance with the rules described in Appendix 6.

Any request for reservation of primary capacity will be processed as a priority on the requests to use the Subscription Account.

6.4 Pooling Service

The Pooling Service enables any Shipper that has a subscription in at least one of the three French regulated terminals and not having planned to use it in full in Month M, to use part of this subscription for Unloadings in one of the other French regulated terminals by accessing, based on a specific rate, the capacity still available after the twentieth (20th) day of Month M-1 in this other terminal.

The Shipper may ask, on making a request for intra-monthly scheduling, for an Unloading to benefit from the Pooling Service. The operator of the terminal where the Unloading operation will be scheduled will calculate the price of the Pooling operation based on the Shipper's Pooling credit.

The Send-Outs related to this service will be calculated in accordance with the rules described in Appendix 6.

6.4.1 Calculation of the Pooling credit

Any Shipper having a subscription for Unloadings for Month M or credited in its subscription account on the twentieth (20th) day of Month M-2, and not expecting to use them in full, has a Pooling credit (C), which can be used in the other French regulated terminals during the Month M.

The Shipper's Pooling credit for Month M is determined from the 1st Day of Month M+1 by the operator of the terminal where the subscription has not been used in Month M, according to the following formula:

C = (NDCm – NDm)*TNA + (QDCm – QDm)*TQD, where:



o NDCm is the number of Unloadings for Month M, as set out in the Shipper's Annual Schedule in use on the twentieth(20th) day of M-2 increased by the number of Unloadings credited in its subscription account on the twentieth (20th) day of Month M-2 that the Shipper wants to use for the calculation of the Pooling credit, this number being debited from its subscription account.

o NDm, the Number of Unloadings carried out by the Shipper during Month M o QDCm, the Contractual Quantity Unloaded for Month M, as set out in the Shipper's Annual Schedule in

use on the twentieth(20th) day of M-2, increased by the Unloaded Quantity credited in its subscription account on the twentieth (20th) day of Month M-2 that the Shipper wants to use for the calculation of the Pooling credit, this Unloaded Quantity being debited from its subscription account

o QDm, the Quantity Unloaded by the Shipper during Month M

This credit is expressed in euros.

6.4.2 Price Calculation

The price of the Pooling Service is calculated in accordance with Appendix 5, article 3.7, based on the Shipper's Pooling credit for the Month in question. This credit will have been communicated by the operator of the terminal where the subscription was not used.

7 SCHEDULING, RESCHEDULING AND NOMINATION

7.1 Annual Schedule

7.1.1 Shipper's Annual Schedule Request for an Unloading

On 15 October of Year N-1 at the latest, the Shipper shall notify the Operator of an Annual Schedule Request for Year N.

The Shipper's Annual Schedule Request shall contain the following information for each Cargo:

o the required Window of Arrival for the Vessel, o the estimated Energy Content, o the planned Loading Port.

This last data item is purely for information.

The request shall take into account the unavailability notified by the Operator in its Program of Work. The sum of the volumes requested by the Shipper must be compatible with the Contractual Unloaded Quantity adjusted by the rounding-off of figures.

The Shipper shall establish its Annual Schedule Request taking care to ensure regularity in the arrival of the Vessels.

7.1.2 Shipper's Annual Schedule Request for a Reloading

On 15 October of Year N-1 at the latest, the Shipper shall notify the Operator of an Annual Schedule Request for Year N.

The Shipper's Annual Schedule Request shall contain the following information for each Reloading:

o the required Window of Arrival for the Vessel, o the estimated Energy Content.

The Operator shall specify the technical conditions of use of the service and/or the conditions related to the Scheduling of the Shipper and/or the Reception of the Shipper's Vessels, which will have been notified beforehand to the Shipper. The Operator also informs the Shipper of the maximum reloadable quantities as calculated.

7.1.3 Determination and notification of the Annual Schedule by the Operator

The Operator shall analyse, in a non-discriminatory manner, the compatibility of the requests of all of the Shippers. In the event of incompatibility between requests, the Operator shall propose adjustments to the Shippers concerned. The Operator cannot draw up an Annual Schedule that would result in a global send-out level that is higher than 113% of the Nominal Terminal Flow Rate.

The Operator shall draw up the Annual Schedule by arbitrating the requests in a non-discriminatory manner and by endeavouring to ensure the regularity between the Windows of Arrival allocated, which is required for the smooth



running of the long-term supply chains, and avoiding any waiting for Vessels.

Finally, the Operator shall determine the Annual Schedule, ensuring:

o that a minimum period of forty-eight (48) Hours is maintained between the end of one Window of Arrival and the start of the next Window of Arrival.

o that any Reloading is preceded by Unloading from the Shipper and that a minimum period of twenty-four (24) Hours has lapsed between said Unloading and Reloading operations by the Shipper.

On setting the Annual Schedule, Unloadings take priority over Reloadings in the event of requests for the same date.

The Operator shall provide the Shipper:

o by 15 November of Year N-1 at the latest: with the month of January of the definitive Annual Schedule for Year N,

o by 15 December of Year N-1 at the latest: with the months from February to December of the definitive Annual Schedule for Year N,

7.1.4 Annual Schedule change request

Between the notification of the Annual Schedule by the Operator and the 19th of M-1, the Shipper may send a request to change its Annual Schedule for Month M and the following Months.

The Operator shall process these requests on a first-come, first-served basis.

In the event of acceptance, the Operator shall provide the Shipper with a new Annual Schedule.

7.2 Monthly Schedule

7.2.1 Shipper's Monthly Schedule Request

The Monthly Schedule Requests for a Month M should be provided by the Shipper to the Operator by the twentieth (20th) day of Month M-1 at the latest.

All Monthly Schedule Requests from Shippers will be processed by the Operator without any order of priority.

7.2.1.1 Shipper's Monthly Schedule Request for an Unloading

The Shipper shall provide the Operator with a Monthly Schedule Request that shall include the following information for each of the Cargoes that the Shipper wishes to unload at the Terminal during Month M:

o the required Window of Arrival for the Vessel, o the estimated Energy Content, o the Loading Port, o the name of the Vessel transporting the Cargo, o the name of the shipping agent.

The SMART Shipper may provide , for each Day of Month M, with the Reference Send-Out that it wishes to leave the Terminal to the PITTM. The Shipper may also express a requirement regarding its forecast Shared Stock Level for the end of Month M.

7.2.1.2 Shipper's Monthly Schedule Request for an Reloading

The Shipper shall provide the Operator with a Monthly Schedule Request that shall include the following information for each Reloading that the Shipper wishes to carry out at the Terminal during Month M:

o the required Reloading Window of Arrival for the Vessel, o the estimated Energy Content to be reloaded, o the estimated volume of LNG to be reloaded, o the estimated Energy Content of the Vessel upon its arrival at the Terminal, o the name of the Vessel concerned by the Reloading operation, o the name of the shipping agent, o if applicable, any technical condition related to the planned Reloading operation, o the supporting elements certifying that the Shipper will hold a sufficient Shared Stock Level for the planned

Reloading operation.

The Shipper should be in a position to have a Shared Stock Level that is sufficient for the planned Reloading, according to one of the following scenarios:

o Scheduling of Unloading prior to Reloading within the framework of the Monthly Schedule, o Conclusion with a Shipper holding a sufficient Shared Stock Level of an agreement concerning a sufficient



Stock Transfer Quantity for the planned Reloading operation.

7.2.1.3 Provisions relating to notification failure

In the absence of notification by the Shipper of a full Monthly Scheduling Request within the time frame indicated, the information appearing in the last Annual Schedule provided by the Operator shall apply for Month M.

7.2.2 Allocation of Windows of Arrival by the Operator

The Operator shall analyse, in a non-discriminatory manner, the compatibility of the requests of all of the Shippers. In the event of incompatibility between requests, the Operator shall propose adjustments to the Shippers concerned, it being understood that priority shall be given to Unloading operations. The Operator cannot draw up a Monthly Schedule that would result in a global send-out level that is higher than 113% of the Nominal Terminal Flow Rate. The Operator has the possibility but not the obligation of reducing the minimum time between two (2) Unloading operations as stated in paragraph 7.1.3 of the General Terms and Conditions.

A Window of Arrival request will not be accepted by the Operator if this Window of Arrival has already been allocated to another Shipper under the previous Annual Schedule.

Finally, the Operator shall determine the Monthly Schedule:

7.2.3 Allocation of the Reference Send-Out by the Operator

The Operator shall define a Shipper's Reference Send-Out for each Day of the Month, in accordance with Appendix 6.

The Operator shall also be able to offer the Shippers an adjustment of the Send-Outs for Month M-1, so that the sum of the Shippers Shared Stock Levels for Month M-1 is compatible with all of the Shippers’ Monthly Schedules for Month M.

7.2.4 Notification of the Monthly Schedule by the Operator

At the latest on the twenty-fifth (25th) calendar day of Month M-1, the Operator shall provide the Shipper with its Monthly Schedule, which shall include all of the Monthly Schedule Request information and shall indicate:

o the Windows of Arrival allocated and any specific associated issues, o the Reference Send-Out for each Day of the Month,

For a Reloading, the Operator shall specify the conditions of use of the service, related to a technical matter and/or the Scheduling of the Shipper and/or the Reception of the Shipper's Vessels, which will have been notified beforehand to the Shipper.

7.3 Intra-monthly Scheduling and rescheduling

7.3.1 Intra-monthly scheduling of a new operation at the Shipper's initiative

The Shipper may, at any time between notification of the Monthly Schedule for Month M and the last day of Month M, ask to book an Unloading and/or Reloading operation for the period still to be covered until the last day of Month M. The request shall contain the information mentioned in paragraphs 7.2.1.1. and/or 7.2.1.2. of the General Terms and Conditions. In the event of acceptance of the request, the Operator shall specify the conditions of use of the service, related to a technical matter and/or the Scheduling of the Shipper and/or the Reception of the Shipper's Vessels, which will have been notified beforehand to the Shipper.

The Operator shall process these requests on a first-come, first-served basis.

The Operator shall make reasonable efforts to accept the change request from the Shipper, without being allowed to modify the Windows of Arrival that are already scheduled for another shipper.

7.3.2 Intra-monthly rescheduling of operations already scheduled at the Shipper's initiative

(i) The Shipper may, at any time between notification of the Monthly Schedule for Month M and the last day of Month M, ask to change Windows of Arrival and/or Quantities Unloaded or Reloaded scheduled for the period still to be covered until the last day of Month M. The change request shall contain the information mentioned in paragraphs 7.2.1.1. and/or 7.2.1.2. of the General Terms and Conditions and shall state the reasons why it is being made.

The Operator shall process the above-mentioned change requests on a first-come, first-served basis.



The Operator shall make every reasonable effort to accept the Shipper's change request. However, the Operator should refuse it in the event that this change would lead to the technical capacity of the Terminal being exceeded or the Windows of Arrival already scheduled for another Shipper have to be changed.

If the global Send-Out from the Terminal is affected by this change request, the Operator may propose the following adjustments:

o as a priority, it shall change the Reference Send-Out of the Shipper that made the request, in accordance with the provisions of Appendix 6.

o if this measure is not sufficient, the Operator may reduce or withdraw the Stock Draining of the other shippers in order to accommodate the rescheduling request.

o If these measures are still found to be insufficient, and after informing the Shipper in advance, the Operator may also modify the Reference Send-Out of the other Shippers. In this case, the Shipper Responsible shall compensate the Shippers Affected under the conditions described in Appendix 7.

In the event of refusal by the Shipper of the adjustments offered by the Operator, the Monthly Schedule provided by the Operator shall therefore remain unchanged.

If the Operator accepts the Shipper's change request, one (or more) new Monthly Schedule(s) for the Month in question shall be allocated to the Shipper as a result. The new Monthly Schedule(s) shall apply as from the notification thereof by the Operator and shall replace the Schedule(s) initially allocated.

(ii) In the event of pure and simple cancellation of the Window of Arrival of an Unloading or a Reloading by the Shipper, the Shipper Responsible shall, where applicable, compensate the Shippers Affected under the conditions described in Appendix 7.

7.3.3 Modification of the Monthly Schedule at the initiative of the Operator

For the period left to run until the last day of month M, the Operator may change the details of the Monthly Schedule for Month M between the notification of the Monthly Schedule for Month M and the last day of Month M under the circumstances described in Articles 16, 17 and 18 of the General Terms and Conditions.

The Operator may change the Shipper's Reference Send-Out if events occur that are beyond the Operator's control such as, but not limited to, changes to or postponements of the Window of Arrival for other shippers.

The new Monthly Schedule(s) shall be notified to the Shipper as soon as possible, and at the latest two (2) Days before its (their) implementation. It (or they) shall contain the information listed in Paragraph 7.2.1 of the General Terms and Conditions and shall also specify the reasons that led to the change as well as the Terminal's Natural Gas send-out volume and any volume that might be offset in accordance with the terms and conditions described in Appendix 7.

7.3.4 Use of the Flexibility Service at the initiative of the Shipper

The weekly and daily scheduling of the Flexibility Service is described in paragraph 8.1 of the General Terms and Conditions.

7.3.5 Use of the Dedicated Storage Service at the initiative of the Shipper

The weekly and daily scheduling of the Dedicated Storage Service is described in paragraph 8.2 of the General Terms and Conditions.

7.3.6 Intra-daily rescheduling of the Daily Send-Out by the Operator

In the event of modification or postponement of a Window of Arrival, suspension of Unloading or Reloading under the circumstances provided for pursuant to Article 10, Force Majeure provided for in Article 16, unscheduled work provided for in Paragraph 17.2 or in Article 18 of the General Terms and Conditions, the Operator may modify the Daily Send-Out Schedule with effect as from the time at which the triggering event takes place. The intra-daily rescheduling notification shall specify the reasons for the rescheduling.

7.4 Practical terms and conditions

The practical terms and conditions relating to the Scheduling, rescheduling and nomination are subject to an operational procedure.



8 SERVICES CONNECTED WITH THE SEND-OUT

8.1 Send-Out Flexibility Service

The Shipper may ask for its Reference Send-Out to be changed, both weekly and daily (in D for D+1) via the Flexibility Service.

It is only granted for Send-Outs calculated according to the rules of the SMART service. Therefore, a Send-Out according to the SPOT rules will not be able to be changed at the initiative of the Shipper via the Send-Out Flexibility Service.

8.1.1 Weekly Send-Out Flexibility

On Friday of Week W-1, the Operator shall send each Shipper concerned a Send-Out range and a Shared Stock Level range for each of the seven (7) Days after the Friday of Week W-1.

The Operator, acting as a Prudent and Reasonable Operator, shall make its best efforts to offer as much Flexibility as possible to the Shippers, in view of the Terminal's operational constraints and within the limit of 123% of the Nominal Send-Out Flow Rate. The Flexibility available for all of the Shippers concerned shall be allocated pro rata to the send-out of each of them calculated for the week concerned.

On Friday of Week W-1, the Shipper shall send the Operator a Send-Out request for each of the seven days after the Friday of week W-1, each Send-Out request having to comply with the send-Out and Shared Stock Level ranges indicated by the Operator.

On Friday of week W-1, the Operator shall provide the Shipper with its Monthly Schedule including its new Reference Send-Outs.

In the event of a request being made to the change the Windows of Arrival or the scheduled Quantities Unloaded or Reloaded prior to provision of the last Monthly Schedule, this request shall be processed as a priority over the request to change the Reference Send-Out.

8.1.2 Daily Send-Out Flexibility

Each Day D-1 of the Week except for Friday, the Shipper that has a Send-Out according to the SMART rules may request a change to its Reference Send-Out for Day D.

Each Day D-1 of the Week except for Friday, the Operator, acting as a Prudent and Reasonable Operator, shall make every effort to allocate to the Shipper that made a request to change its Reference Send-Out, a new Reference Send-Out as close as possible to its request for Day D, it being understood that the sum of these requests should comply with:

o the operational constraints of the Terminal, o the limit of 123% of the Terminal Nominal Flow-Rate, o a technically and economically reasonable send-out range, o compatibility with the routing capacity of the Transmission System.

The Flexibility for all of the shippers shall be allocated prorata to their respective send-out for the Day D.

The Daily Send-Out shall be defined by the Operator in accordance with the Shipper's request and any technical constraints.

In the event that the conditions stated above are not met, the Operator will make every effort, with the Shippers that have made a request to change their Reference Send-Out, to find a satisfactory solution and, as a last resort, shall define the new Reference Send-Outs by allocating the Flexibility available prorata to their respective send-out for the Day D

In the event that the request to change the Shipper's Reference Send-Out is accepted by the Operator, it shall provide a Monthly Schedule including the new Reference Send-Out for Day D.

In the event of a request being made to the change the Windows of Arrival or the scheduled Quantities Unloaded or Reloaded prior to provision of the last Monthly Schedule, this request shall be processed as a priority over the request to change the Reference Send-Out.

8.1.3 Stock Draining

In addition, a Shipper that has subscribed to SMART and has a zero Send-Out Ratio for the current Month may request from the Operator on Day D a quantity of energy that it wishes to be sent for Day D+1, provided that the estimate of its Shared Stock Level at the end of the Month considered, including this request, is not negative.

This request, known as a Stock Draining request, will be processed by the Operator as a last priority, after the



Operator has processed the daily and weekly Flexibility requests. After analysing the feasibility of this request, the Operator will respond as soon as possible.

8.1.4 Practical terms and conditions

The practical terms and conditions concerning daily Flexibility and weekly Flexibility are described in the operating manual.

8.2 Dedicated Storage Service

8.2.1 Rules for allocation of Contractual Storage Space

Every year, the Operator shall provide by 15 October of year N-1 for year N,

o all Shippers of the Terminal with: the Contractual Storage Space made available to Shippers. o each shipper with: the dedicated Contractual Storage Space that is allocated to them.

The Operator allocates the Contractual Storage Space to each Shipper that has subscribed at least for Year N a Cargo to the SMART service in accordance with the provisions below:

ESCE = [QDC of the Shipper for year N / sum of all Unloading quantities subscribed and to be subscribed in year N] x Contractual Storage Space of the Terminal for Year N.

The Contractual Storage Space that has not been allocated according to the rules set out above shall be supplied by the Operator in the form of a monthly storage service as described below.

Each Shipper that has an allocation of Contractual Storage Space may assign all or part of their rights to another shipper. The assignment should be made according to the provisions of article 28 of the General Terms and Conditions.

The assignment shall be made in Contractual Storage Space, defined in MWh (GCV) and for a period between the current Month, on the date of the assignment, and the end of the current calendar Year.

8.2.2 Rules for allocation of Monthly Storage Space

The Operator may supply, in the form of Monthly Storage Space, to the Shippers of the Terminal, the available Contractual Storage Space that has not been allocated to the Shippers.

The Operator may publish, on the 25th of every month M-1, a Monthly Storage Space for month M + 1.

A Shipper may make a request to reserve all or part of this Monthly Storage Space on making its Monthly Schedule request.

Allocation by the Operator shall be made according to the provisions below:

o If the sum of the requests is lower than the Monthly Storage Space offered, the requests shall be met in full,

o If the sum of the requests is higher than the Monthly Storage Space offered, the requests shall be met in proportion to said requests, knowing that each request shall be capped at the Monthly Storage Space supplied.

On publication of the Monthly Schedule, the Operator shall notify the Shippers of the Monthly Storage Space that were allocated to them for month M.

8.2.3 Rules for using the Dedicated Storage Service

8.2.3.1 Movements related to the Dedicated Storage Service

At all times, the Dedicated Stock Level should be positive or zero and may not exceed the Dedicated Storage Space allocated to the Shipper.

8.2.3.1.1 Injection

Injection, by movement from the Shared Stock Level to the Dedicated Stock Level, takes place in two (2) ways:

On a weekly basis:

This injection shall be rated as a negative Send-Out to correct the Reference Send-Out.

On Friday of Week W-1, the Operator shall send the Shipper a Dedicated Storage Space, a Dedicated Stock Level



range for each of the seven (7) Days after the Friday of Week W-1.

On Friday of Week W-1, the Shipper allocated a Dedicated Storage Space shall send the Operator a Dedicated Stock Level movement request for each of the seven (7) Days after the Friday of Week W-1.

Each Send-Out request should comply with the Dedicated Stock Level ranges indicated by the Operator, it being understood that the sum of the requests should comply with:


On Friday of week W-1, the Operator shall provide the Shipper with its Monthly Schedule including its new Reference Send-Outs and its new Shared Stock Level and Dedicated Stock Level.

On a daily basis:

A transfer request on Day D for Day D+1 should include the following details:

o Day o Quantity o Origin of the transfer (Shared Stock Level), and o Destination (Dedicated Stock Level) of the transfer.

The Operator may carry out this transfer subject to:

o the request by the Shipper being compatible with the weekly schedule of movements of the Dedicated Stock Level, as validated by the Operator on the Friday of week W-1, and

o the Shared Stock Level remaining positive on Day D+1 or, in the event of a negative Shared Stock Level, for it not to be lower on Day D+1 than on Day D.

On Day D, for a transfer on Day D+1, the Operator shall provide the Shipper with its Monthly Schedule including its new Shared and Dedicated Stock Levels.

8.2.3.1.2 Withdrawal

Withdrawal, by movement from the Dedicated Stock Level to the Shared Stock Level, takes place in two (2) ways:

On a weekly basis:

This withdrawal shall be rated as a positive Send-Out to correct the Reference Send-Out.

On Friday of Week W-1, the Operator shall send the Shipper a Dedicated Storage Space, a Dedicated Stock Level range for each of the seven (7) Days after the Friday of Week W-1.

On Friday of Week W-1, the Shipper allocated a Dedicated Storage Space shall send the Operator a Dedicated Stock Level movement request for each of the seven (7) Days after the Friday of Week W-1.

Each Send-Out request should comply with the Dedicated Stock Level ranges indicated by the Operator, it being understood that the sum of the requests should comply with:


On Friday of week W-1, the Operator shall provide the Shipper with its Monthly Schedule including its new Reference Send-Outs and its new Shared Stock Level and Dedicated Stock Level.

On a daily basis:

A transfer request on Day D for Day D+1 should include the following details:

o Day o Quantity o Origin of the transfer (Dedicated Stock Level), and o Destination (Shared Stock Level) of the transfer.

The Operator may make this transfer subject to the request by the Shipper being compatible with the weekly schedule of movements of the Dedicated Stock Level, as validated by the Operator on the Friday of week W-1

On Day D, for a transfer on Day D+1, the Operator shall provide the Shipper with its Monthly Schedule including its new Shared and Dedicated Stock Levels.



8.2.3.2 Case of interruption to the Dedicated Storage Service

In accordance with article 19 of these General Terms and Conditions, in the event that the Operator expects a forecast Send-Out level lower than the minimum send-out flow rate necessary for reincorporation of evaporation, particularly in the event of application of articles 16, 17, 18 or 19 of the General Terms and Conditions, the latter reserves the possibility of freezing the injection and withdrawal movements of the Dedicated Stock Level until the Shared Stock Level of the Terminal returns to a level making it possible to avoid any risk of LNG shortage.

8.2.3.3 Priority for scheduling of vessels

In the event of a request being made to the change the Windows of Arrival or the scheduled Quantities Unloaded or Reloaded, this request shall be processed as a priority over the request for injection or withdrawal.

8.2.4 Practical terms and conditions

The practical terms and conditions related to the Dedicated Storage Service are detailed in the operational notice.

8.3 LNG Stock Transfer for Send-Out

The Shipper may, at any time, subscribe to the LNG Stock Transfer service, which enables it to exchange quantities of LNG with other Shippers within the Terminal.

The Shipper who delivers the Transfer Quantity shall inform the Operator of the portion of its Reference Send-Out that is transferred, as well as the total quantity and duration of the transfer. The Shipper's Shared Stock Account shall be corrected for the Transfer Quantity delivered or received, provided that the Operator has received equivalent notification from the other shipper with which the LNG Stock Transfer is being performed.

The terms and conditions of Send-Out scheduled for the corresponding quantities for the assignor shall be used identically by the assignee.

9 SHIPPER'S SHARED STOCK LEVEL

9.1 Shared Stock Level

The Shipper's Shared Stock Level for a given Day shall be equal to the difference between, on the one hand:

o the Shared Stock Level for the previous Day, o the Unloaded Quantity on the Day in question, o the LNG Stock Transfer Quantity received on the Day in question, o the Quantity transferred from the Dedicated Stock Level to the Shared Stock Level on the Day in question, o the Offset Quantity delivered on the Day in question;

And, on the other hand:

o the Daily Send-Out on the Day in question, o the Reloaded Quantity on the Day in question, o the Transfer Quantity delivered on the Day in question; o the Gas Offtake performed on the Unloaded Quantities, for the day in question, o the Quantity transferred from the Shared Stock Level to the Dedicated Stock Level on the Day in question, o the Offset Quantity received on the Day in question.

The Shipper's Shared Stock Level may be negative, within the limit of the Overdraft Authorisation. The Operator shall stop the Shipper's Send-Out as soon as its Overdraft Authorisation has been reached.

The Day on which the Unloaded Quantity or the Reloaded Quantity shall be taken into account is the Day during which the Unloading or the Reloading ended.

9.2 Reference Shared Stock Level

The Shipper's Reference Shared Stock Level for a given Day shall be defined as the difference between, on the one hand:

o the Reference Shared Stock Level for the previous Day, o the Quantity scheduled for Unloading on the Day in question, o the Quantity scheduled for transfer from the Dedicated Stock Level to the Shared Stock Level on the Day

in question, o the Transfer Quantity scheduled to be received on the Day in question,

And, on the other hand:



o the Reference Send-Out for the Day in question, calculated in accordance with the provisions of Appendix 6,

o the Transfer Quantity scheduled to be delivered on the Day in question, o the quantity scheduled for Reloading on the Day in question, o the Quantity scheduled for transfer from the Shared Stock Level to the Dedicated Stock Level on the Day

in question, o the Gas Offtake performed on the quantities scheduled for Unloading, for the day in question.

The Shipper's Reference Shared Stock Level may be negative, within the limit of the Overdraft Authorisation.

9.3 Assessment

The Operator shall send the Shipper each Month, at the same time as the invoice, a statement that summarises:

o the Unloaded Quantities, o the Reloaded Quantities, o the Gas Offtake performed, o the LNG Stock Transfer Quantities delivered and received, o the Offset Quantities, o the sum of the Daily Send-Out for the Month, o the Shipper's Shared Stock Level at the beginning and end of the Month.

The Operator shall also send, within thirty (30) days of the end of the calendar Year, a statement that summarises the above data for the previous year.

10 RECEPTION CONDITIONS

10.1 Vessel Approval

Only the Vessels authorised by the Port Authorities and approved by the Operator in accordance with the Approval Procedure referred to in Appendix 3 shall be authorised to unload or reload LNG quantities at the Terminal. The Approval Procedure aims to study the technical compliance and to set up operational and safety procedures between the Vessel and the Terminal.

The Operator reserves the right to check that all Vessels authorised to access the Terminal comply with these conditions, in particular through inspections, and, in the event of non-compliance, the right to make continuance of its Approval contingent on the implementation of corrective measures, to refuse the Vessel's access to the Terminal or to withdraw its Approval.

The Operator can, at any time, change the configuration of a berth for safety or efficiency reasons. In this case, the Operator shall inform the Shipper with which it shall liaise of the change.

10.2 Operational conditions of Reception

Operational conditions of Reception are defined in Appendix 3, article 3. They define in particular the way the Notice of Arrival is sent and the Unloading and Reloading scheduling procedures.

Neither the Operator nor its agents or employees can be held liable for the direct or indirect costs and expenses incurred by a Vessel, its owners, operators, carriers or agents, in the event of a refusal to unload or reload all or part of the LNG Cargo, a delay to or interruption of the Unloading or the Reloading, or an instruction to free the dock under the circumstances referred to in Paragraph 3.4 of Appendix 3, except in the event of fraud or wilful misconduct by the Operator.

10.3 Management of evaporations during Unloading or Reloading and consequences

The thermodynamic state of liquid and vapour phases in each of the Vessel's tanks must comply with the requirements set out in Paragraph 3.5 of Appendix 3.

During Unloading or Reloading, the thermodynamic conditions (temperature related to the equilibrium pressure and the composition) of the LNG may generate evaporations caused by heat inputs and the Cargo coming into contact with the LNG stored inside the Terminal or the Vessel. The evaporations thus generated are normally re-condensed according to the Terminal send-out rate.

However, the Terminal operating conditions may make this reincorporation of evaporations momentarily impossible. In this case, the Operator will request the Shipper to decrease the Unloading or Reloading rate, which may lead to an Effective Port Call Duration that exceeds the Port Call Duration and payment of demurrage by the Operator to the Shipper, in accordance with Paragraph 10.4 of the General Terms and Conditions.

In the case where the thermodynamic state of the liquid and vapour phases in each of the Vessel's tanks does not comply with the requirements set out in Paragraph 3.5 of Appendix 3, the Operator may suggest to the Shipper to



reduce the Unloading or Reloading rate. If the Shipper agrees, then it shall be liable for demurrage as provided for in Paragraph 10.4 of the General Terms and Conditions. If the Shipper refuses, the gas passed from the liquid state to a gaseous state in excess is flared by the Terminal; all of the flared gas is then subtracted from the Unloaded Quantity or added to the Reloaded Quantity. The Operator shall notify the Shipper, for information purposes, with its proposed rate reduction, an order of magnitude of the amount estimated to be flared and an order of magnitude of the estimated Port Call duration for the Unloading or Reloading.

10.4 Port Call Duration

The Port Call Duration is defined in Paragraph 3.6 of Appendix 3.

Except in a Force Majeure event, if the Effective Port Call Duration exceeds the Port Call Duration for causes that are attributable to the Shipper and if this delay causes a delay to another Vessel that arrives within its Window of Arrival, the Shipper must pay the Operator demurrage in accordance with Paragraph 11.4.2 of the General Terms and Conditions.

Except in the event of application of Articles 16, 17 or 18 of the General Terms and Conditions, if the Effective Port Call Duration exceeds the Port Call Duration for causes attributable to the Operator, the Operator must pay demurrage to the Shipper, in accordance with Paragraph 11.4.2 of the General Terms and Conditions.

Except in a Force Majeure event, if the Effective Port Call Duration exceeds the Port Call Duration for Specific Services, the Shipper shall pay the Operator for this Port Call overrun in accordance with paragraph 11.4.1.

10.5 Safety and proper execution of Port Calls

The Shipper shall be solely liable for the state, operating conditions and adaptation of its equipment at the Terminal. The Shipper shall be solely liable for the harmful consequences that may result from non-compliance with the above-mentioned conditions, in relation to the Operator and third parties, under the conditions provided for in Article 20 of the General Terms and Conditions.

The Shipper shall undertake to take all necessary measures in order to ensure full and entire cooperation between the Captain, Port Authorities and Port Services in order to guarantee the safety and proper execution of any Port Call. It shall be responsible for the implementation of measures by the Ship Owner and the Captain to ensure the safety and efficiency of operations on board the Vessel and compliance by the Vessel, its officers and crew, with the GPMM's regulations, the Ship-Shore Safety Plan and the Maritime Safety Rules.

The berthing equipment and means for crew access on board shall be made available to the Vessel by the Operator. They shall be used under the responsibility of the Shipper.

The Vessel must not be prevented from unberthing. Vessel refuelling, maintenance or upkeep operations must be authorised beforehand by the Terminal and the Port Authorities.

If the gas arm is not available, the Operator may require the Shipper to arrange for the Vessel to use its own means to perform Unloading without a gas arm.

If the gas arm is not available for Reloading, the Operator and the Shipper shall consult each other to adapt the operational conditions of Reloading. Failing agreement between the Parties within a time frame enabling compliance with the Port Call Duration, the Operator may ask the Shipper that the Vessel uses its own resources to perform a Reloading without the gas arm, provided that (i) when the unavailability of the gas arm reduces the Reloading gas flow and (ii) this unavailability does not result from circumstances under Articles 16, 17 and 18, the flow taken into account for calculating the Port Call Duration shall be the average flow observed during the Reloading.

11 PRICES

11.1 Price structure

The tariff for using the Terminal and subsequent changes to such tariff shall be determined by the CRE, in accordance with Articles L. 452-1 et seq. of the French Energy Code.

Accordingly, the price amounts to the sum of the prices defined at the rate in force and described in Appendix 5 (Price and Value of the Rate Terms), in Articles 2 and 3, minus any reductions, if applicable, from the minimum payment requirements in accordance with Paragraph 11.3 of the General Terms and Conditions.

Any use of the capacity over and above the Contractual Unloaded Quantity (QDC) and the Number of Contractual Unloadings (NDC) defined in the Specific Conditions shall be invoiced at the tariff in force that is applicable to the service attached to the Cargo.

11.2 Shipper's minimum payment obligations

As from the Service Start Date, the Shipper shall be required to pay a minimum amount equal to the tariffs in force



that are applied to all of the capacities subscribed to for Unloading and Reloading as stated in Appendix 1.

These minimum amounts are specified in Article 2 of Appendix 5.

The Operator shall invoice, in a given Month, 1/12 of the annual minimum payment obligation corresponding to paragraph 2.1 of Appendix 5, based on the value of the Subscription on the day of notification of the Annual Schedule for year N by the Operator to the Shipper as stated in paragraph 7.1.3 of this Appendix.

Between the day after notification of the Annual Schedule for year N and the last day of year N, for any change to the Subscription concerning an Unloading, Reloading or a Uniform Send-Out Option, the Shipper shall have its minimum payment obligation revised accordingly by application of the tariffs in use at the time of said change to the Subscription, as stated in article 2 of Appendix 5. The Operator shall invoice the changes to the Subscription for the Month when they are scheduled.

11.3 Reduction of the Shipper's minimum payment obligations

Except in the event of failure by the Operator, the Shipper shall waive all other indemnities in respect of the types of damage suffered in the cases mentioned in Paragraph 11.3.1 and 11.3.2 below of the General Terms and Conditions.

11.3.1 Case of Unloading

In the event of application of Article 16 of the General Terms and Conditions, except for the circumstance referred to in f) of Paragraph 16.1, or in the event of application of Articles 17 or 18 of the General Terms and Conditions or in the event of default by the Operator, the quantities that could not be unloaded due to the occurrence of an event or circumstance that falls under said Articles or failure by the Operator shall be deducted from the Contractual Unloaded Quantity and the Number of Contractual Unloadings when calculating the minimum payment obligations under Paragraph 11.2 of the General Terms and Conditions

In the event of a Subscription attached to the Pooling Service and in the event of application of Article 16 of the General Terms and Conditions, except for the circumstance referred to in f) of Paragraph 16.1, or in the event of application of Articles 17 or 18 of the General Terms and Conditions or in the event of default by the Operator, the quantities that could not be unloaded due to the occurrence of an event or circumstance that falls under said Articles or failure by the Operator shall be deducted from the Contractual Unloaded Quantity and the Number of Contractual Unloadings when calculating the minimum payment obligations under Paragraph 11.2 of the General Terms and Conditions

11.3.2 Case of Reloading

In the event of application of Article 16 of the General Terms and Conditions, except for the circumstance referred to in f) of Paragraph 16.1, or in the event of application of Articles 17 or 18 of the General Terms and Conditions or in the event of default by the Operator, the quantities that could not be reloaded due to the occurrence of an event or circumstance that falls under said Articles or failure by the Operator shall be deducted from the Contractual Reloaded Quantity and the Number of Contractual Reloadings when calculating the minimum payment obligations under Paragraph 11.2 of the General Terms and Conditions

11.4 Demurrage and overrun of Port Call.

11.4.1 Overrun of Port Call related to a Specific Service

In the event that overrun of Port Call Duration related to a Specific Service is incumbent upon the Shipper, in accordance with article 10.4 of the General Terms and Conditions, calculation of demurrage shall take place in proportion to the number of Hours' overrun of the Port Call Duration rounded off to the next hour, taking the TNA as a basis.

Every Hour of Port Call overrun shall be invoiced at a price of TNA / 30.

11.4.2 Demurrage

In the event of calculation of demurrages, in accordance with article 10.4 of the General Terms and Conditions, this demurrage is calculated as follows, in proportion to the number of Hours rounded off to the next Hour:

o For Vessels for which the Vessel Capacity is less than 90,000 m³: €40,000/Day o For Vessels for which the Vessel Capacity is between 90,000 m³ and 175,000 m³: €65,000/Day o For Vessels for which the Vessel Capacity exceeds 175,000 m³: €80,000/Day

The amounts stated above may be revised by the Parties every five years under reasonable conditions and on the basis of objective data.



11.5 Gas Offtake

The Operator shall perform Gas Offtake on all of the Unloaded Quantities. The Quantity taken off shall be equal to the product of TN, the gas in kind rate, multiplied by the Unloaded Quantity. TN is defined in Appendix 5 (Price and Value of the Rate Terms).

Said sampling shall give rise to reciprocal monthly invoicing, for identical amounts, between the Shipper and the Operator.

The amount invoiced on a monthly basis by the Operator shall be based on the Quantities Unloaded over the month in question.

When a Vessel performs an Unloading at the end of Month M and this continues until the start of Month M+1, the Quantity Unloaded over this period will be allocated to Month M+1.

For each month M, the price PPGM corresponding to the value of the Gas Offtake shall be equal to the product of the combined total of the Quantities Unloaded over the Month at the Terminal (QDM) multiplied by PREFM by TN.

PPGM = ∑QDM * PREFM*TN

PREFM is equal to the Powernext Gas Futures Monthly Index for month M, published by POWERNEXT SA for the TRS, expressed in EUR/MWh.

11.6 Gas Restitution

At least once a year, a balance statement of the use of Gas Offtake shall be drawn up by the Operator covering period P. Unless otherwise defined by the Operator, period P, for year N, shall run from 1 December of year N-1 to 1 December of year N.

If a surplus is recorded, the Operator shall calculate, based on this surplus, a quantity Re to be returned to the Shipper in proportion to the combined total of the Quantities Unloaded by this Shipper in relation to the combined total of the Quantities Unloaded by all of the shippers at the Terminal over period P.

If the Shipper has a contract in force over all or part of period P+1 immediately following P, the Operator shall apply Gas Restitution by increasing the Shipper's Shared Stock Level by the quantity Re on the date of the first Unloading following the drawing up of the balance statement or on a date to be agreed between the Parties. If the Shipper does not have a contract in force over all or part of period P+1, the Operator shall notify the Shipper of the returnable quantity Re. The Shipper may request, within two months of this notification, either for Re to be made available at the PITTM for removal, on a date and according to a schedule agreed with the Operator, or for a Stock Transfer for Re to be made to another shipper with a contract in force. In this case, and if this shipper makes a corresponding LNG Stock Transfer request, the Operator shall do its utmost to accept this transaction.

If at the end of the two months following calculation of the Gas Restitution, the Shipper has not notified the Operator of its choice regarding the restitution procedures, the Shipper shall lose all of its rights to use the quantity Re which shall then be integrated into the Gas offtake taken into account in the balance statement drawn up for the purposes of Gas Restitution for period P+1.

Over period P, the Operator shall calculate a PMR price equal to the average of the PREFM prices for the Months M of the period, as defined in Paragraph 11.5 of the General Terms and Conditions weighted using the combined total of the Quantities Unloaded by all the shippers at the Terminal for each Month M.

Said Gas Restitution shall give rise to reciprocal invoicing, for identical amounts, between the Shipper and the Operator, for the PMR price.

12 INVOICING AND PAYMENT METHODS

12.1 Payment Guarantee

12.1.1 Amount and conditions for the Payment Guarantee

The Shipper shall provide the Operator with a Payment Guarantee that covers the Shipper's minimum payment obligations concerning Unloading in relation to the Operator under the Contract.

The Payment Guarantee shall take the form of:

o a guarantee deposit to the Operator, or o a guarantee commitment issued by the French establishment of a first-ranking bank that has a long-term

credit rating that is equal to or higher than A (Standard & Poors) and A2 (Moody’s).

The amount of the Payment Guarantee shall be the sum of the following amounts:



(i) for the Contract period for which the scheduling of the Vessels is known as the Annual Schedule or, failing that, as the Monthly Schedule: equal to the amount due for the two months for which the greatest number of Unloadings is expected;

(ii) for the Contract period for which the scheduling of the Vessels shall be unknown, the maximum of the following two values:

o one sixth of the Shipper's minimum payment obligations as defined in Paragraph 11.2 of the General Terms and Conditions, multiplied by the number of years still to run from the end of the period mentioned in (i) and until the end of the Contract Expiry Date defined in Appendix 1 and rounded up to the higher whole number;

o The minimum of the following two values: o the Shipper's minimum payment obligations as defined in Paragraph 11.2 of the General

Terms and Conditions, o the value resulting from application of the tariff in force to the Unloading of two Vessels

and to an unloaded quantity of 2,000,000 MWh.

12.1.2 Derogations

By way of derogation from the rule provided for in Paragraph 12.1.1 of the General Terms and Conditions, the Shipper does not have to provide the Payment Guarantee when, and for as long as, the Shipper benefits from a long-term credit rating that is equal to or higher than A- (Standard & Poors) and A3 (Moody’s).

By way of derogation from the rule provided for in Paragraph 12.1.1 of the General Terms and Conditions, the Shipper that cannot benefit from the derogation provided for in the paragraph above but that is part of a group of which the Parent Company is a company that has its registered office in a European Union country and that benefits from a long-term credit rating that is equal to or higher than A- (Standard & Poors) and A3 (Moody’s) can, for as long as the condition concerning the level of its rating is met, provide, as a Payment Guarantee, a guarantee commitment issued by the Parent Company.

By way of derogation from the rule provided for in Paragraph 12.1.1 of the General Terms and Conditions, if the Shipper or the Parent Company cannot obtain a guarantee throughout the duration of the Contract, the Shipper may provide a first demand guarantee for a term of one (1) year that is renewable each year. In this case, the annual guarantee may be triggered by the Operator in the event of non-renewal thirty (30) days before the end of the validity thereof and in the cases of Contract termination.

Where any one of the conditions to which the above derogations are subject are not met, the provisions of Paragraph 12.1.1 of the General Terms and Conditions shall once again apply and the Shipper must comply with these provisions under the conditions, concerning time frames, in particular, that are identical to those provided for the implementation of the initial Payment Guarantee.

12.1.3 Implementation of the Payment Guarantee

Where the Payment Guarantee is in the form of a guarantee deposit, the corresponding amount shall be invoiced by the Operator to the Shipper at the earliest one month before the date of the first Unloading provided for under the Contract. Payment must be made by the Shipper at the latest on the eighth (8th) banking day following the date of issue of the invoice. The security deposit shall accrue interest each Month at the one-month, inter-bank rate offered in the Eurozone (Euribor 1 month) at the value of the rate on the first day of this Month, throughout the period between the date of payment of the guarantee deposit to the Operator and the date of its return by the Operator. The guarantee deposit shall be returned by the Operator after deduction, where applicable, of the amounts that remain owed by the Shipper to the Operator under the Contract. The interest shall give rise to an invoice discount or a credit note issued by the Operator to the Shipper each month.

In all other cases, an original of the Payment Guarantee shall be provided by the Shipper to the Operator at the latest thirty (30) days after the Contract is signed.

12.2 Negative Stock and Offsetting Guarantee

The amount of the Negative Stock and Offsetting Guarantee shall cover the Overdraft Authorisation and the offsetting obligation of the Shipper that has subscribed to SMART in relation to the Affected Shippers. This guarantee shall be provided by the Shipper that has subscribed to SMART with the Operator under the conditions provided for in Paragraph 3.2 of Appendix 7.

12.3 Monthly invoicing

The invoice for any Month M shall be sent by the Operator to the Shipper after the end of said Month. It shall include:

o the various price terms, in accordance with the structure described in Paragraph 11.1 of the General Terms and Conditions,

o where applicable, the amount related to the LNG Stock Transfer option, o where applicable, the amount related to the minimum payment obligations determined under Paragraphs



11.2 and 11.3 of the General Terms and Conditions, o where applicable, the expenses incurred by the Operator to correct the Wobbe Index and/or the GCV for

a Cargo for which the characteristics do not comply with the specifications of Paragraph 14.1 of the General Terms and Conditions,

o where applicable, the demurrage to be paid by the Shipper or deducted by the Operator, in accordance with the provisions of Paragraphs 10.3, 10.4 and 11.4 of the General Terms and Conditions,

o where applicable, the interest due pursuant to this paragraph, o the taxes and withholdings applicable under the conditions referred to in Article 22 of the General Terms

and Conditions.

The monthly invoice shall also include the price that corresponds to the valuation of the Gas Offtake in accordance with Paragraph 11.5 of the General Terms and Conditions.

At the same time, the Shipper shall send to the Operator, at the start of the Month following the Month in question, an invoice that corresponds to the Gas Offtake, calculated using the same method and the same amount as that drawn up by the Operator.

The invoice may be drawn up based on provisional data. In this case, the invoice drawn up based on definitive data shall, if possible, be sent by the Operator to the Shipper at the latest 60 (sixty) days after the end of the Month in question.

The invoice for any Month must be paid at the latest on the 20th day of the following Month, or on the tenth calendar day following its date of issue, if this second date is later. If the date thus determined is not a banking day in the country where the Shipper's banking establishment specified in the Specific Conditions is located, the date on which payment is due shall be deferred to the first subsequent banking day.

No discount shall be granted in the event of early payment.

A payment shall be deemed to have been made when the Operator's bank account has been credited with the full amount invoiced.

In the event of late payment of all or part of an invoice, the sums due shall accrue interest by application of a rate equivalent to three times the legal interest rate in force on the date of issue of the invoice, calculated over the exact number of days between the date on which the payment was due and the actual date of payment. The Shipper shall also be liable to pay a fixed recovery indemnity of forty euros excluding taxes.

The Shipper shall have sixty (60) calendar days as from receipt of the invoice in which to contest the amount thereof. After this deadline, the invoice shall be deemed to have been accepted. If the Shipper contests all or part of the amount of an invoice, it must nevertheless pay the entire amount under the conditions provided for above, unless the Operator has made a clear error.

All readjustments to a contested invoice, unless the Operator has made a clear error, shall accrue interest by application of the one-month, inter-bank rate offered in the Eurozone (Euribor 1-month) for the last Month of the calendar quarter prior to the month in which the invoice was issued, calculated over the exact number of days between the date on which payment was due and the actual date of payment.

13 DETERMINATION OF UNLOADED, RELOADED AND SENT OUT QUANTITIES

13.1 Determination of Unloaded Quantities or Reloaded Quantities

13.1.1 Cargo inspection operations

The Operator and the Shipper shall perform two Cargo inspection operations, respectively before and after the Unloading or the Reloading, on board the Vessel in accordance with Appendix 4. These operations shall involve taking gauging, temperature and ceiling pressure measurements in the Vessel's tanks. A quantity certificate included in the Cargo Report as defined in Appendix 4 and containing the results of these measurements shall be drawn up and signed by the Shipper and the Operator at the end of the Unloading or Reloading.

The Shipper and the Operator shall agree on how to calculate the fraction of the Cargo that is trapped in the Vessel's manifolds, if this is not the same for two Cargo inspections. If the Shipper chooses to burn part of the Cargo in the Vessel's machinery, they shall also agree on how to calculate the corresponding burned fraction.

During Reloading, if the liquid level that is detected in a Vessel’s tank during the Cargo inspection procedure is below the minimum measurable by the Vessel's level gauges, the total volume before Reloading the corresponding tank shall be considered as equal to zero.

In the absence of the Shipper, and unless the Shipper provides notification to the contrary, the Captain shall be authorised to represent the Shipper in all of the inspection operations, in particular signing of the quantity certificate.

If the Unloading or Reloading has not started within two (2) hours after the first Cargo inspection, the Operator and



the Shipper may carry out a new Cargo inspection before the Unloading or Reloading. In this case, the last inspection performed will be binding in terms of determining the Unloaded Quantities or the Reloaded Quantities.

13.1.2 Measurement of the characteristics of the unloaded LNG or the reloaded LNG and the return gas

13.1.2.1 Measurement of the characteristics of the unloaded LNG

In order to measure the characteristics of the unloaded LNG, samples of LNG shall be taken and vaporised from a tap located between the Unloading arms and the Terminal's storage tanks. The Operator shall use the sampling method described in Appendix 4.

In order to measure the characteristics of the gas sent by the Terminal to the Vessel, "return gas", gas samples are taken via a tapping located on the Terminal gas return line. The Gross Calorific Value (on a mass basis and on a volumetric basis and the Wobbe index are calculated in accordance with Appendix 4 based on measurements referenced to the first section of this paragraph.

The LNG density shall be calculated in accordance with Appendix 4 based on the measurements mentioned in Paragraph 13.1.1 of the General Terms and Conditions.

13.1.2.2 Measurement of the characteristics of the reloaded LNG

In order to measure the characteristics of the reloaded LNG, samples of LNG shall be taken and vaporised from a tap located between the Unloading arms and the Terminal's storage tanks. The Operator shall use the sampling method described in Appendix 4.

In order to measure the characteristics of the gas returned by the Vessel to the Terminal, "return gas", gas samples are taken via a tapping located on the Terminal gas return line. The Gross Calorific Value (on a mass basis and on a volumetric basis and the Wobbe index are calculated in accordance with Appendix 4 based on measurements referenced to the first section of this paragraph.

The LNG density shall be calculated in accordance with Appendix 4 based on the measurements mentioned in Paragraph 13.1.1 of the General Terms and Conditions.

13.1.3 Determination of the Unloaded/Reloaded Quantity, Cargo Report

Following Unloading/Reloading, a Cargo Report, as defined in Appendix 4, which regroups the results of the measurements and calculations made on board and on the shore, shall be drawn up and signed by the Operator and then sent to the Shipper.

During the Unloading, the quantity transferred is the Unloaded Quantity calculated in accordance with the following formula:

E = [(V x d x Hm) - Qr – Qmach]/3,600

During the Reloading, the quantity transferred is the Reloaded Quantity calculated in accordance with the following formula:

E = [(V x d x Hm) - Qr + Qmach]/3,600

Where:

E is the transferred quantity, expressed in MWh,

V is the volume of transferred LNG, expressed in m³ (cubic metres), measured and calculated in accordance with Paragraph 13.1.2 of the General Terms and Conditions and Appendix 4,

d is the density of LNG samples, expressed in kg/m³ (kilograms per cubic metre of LNG), calculated in accordance with Paragraph 13.1.2 of the General Terms and Conditions,

Hm is the mass Gross Calorific Value of the LNG, expressed in MJ/kg, determined from the mean measurement of the LNG composition in accordance with Paragraph 13.1.2 of the General Terms and Conditions and Appendix 4,

Qmach is the quantity of gas used by the Vessel to operate its engines during the Unloading or Reloading,

Qr is the quantity of energy sent back by the Terminal to the Vessel during the Unloading or by the Vessel to the Terminal during the Reloading, expressed in MJ and calculated in accordance with the following formula:

Qr = V x {273.15/(273.15 + T)} x {p/1013.25} x Hv

Where: T is the gas return phase temperature, expressed in °C (degrees Celsius), measured at the end of Unloading or the beginning of Reloading, then calculated in accordance with Paragraph 13.1.1 of the



General Terms and Conditions and Appendix 4,

p is the mean pressure in the Vessel's tanks at the end of Unloading or at the beginning of Reloading, expressed in mbar (millibar), measured and calculated in accordance with Paragraph 13.1.1 of the General Terms and Conditions and Appendix 4,

Hv is the volumetric Gross Calorific Value of the return gas, expressed in MJ/m³, determined from the mean measurement of the return gas composition in accordance with Paragraph 13.1.2 of the General Terms and Conditions and Appendix 4.

13.2 Determination of the quantities sent out

Each Day, the quantity sent out on the Transmission System to the PITTM shall be deemed equal to the Daily Send-Out scheduled by the Operator.

13.3 Rectification, verification and use of the measurements taken on the Terminal

13.3.1 Reception Measuring System and rectification of measurements by the Operator

The Reception Measuring System and the calibration principles for analysers are described in Appendix 4.

If a component of this system shuts down or does not operate properly, or non-compliance of a system component is observed in relation to the regulatory standards in force, the Operator shall perform a rectification over the period, starting on the date of the last verification when the component was considered to have been observed to be compliant, and finishing on the date when said component was brought back into compliance. The Operator shall inform the Shipper of the rectification performed. Subject to compliance with the Operator's confidentiality obligations, the Operator shall provide the Shipper, at the Shipper's request, with supporting documents for this rectification.

13.3.2 Verification and correction of measurements at the request of the Shipper

The Shipper may assist with the measurements taken on the Terminal, and may be assisted by its LNG Seller. However, in the absence of the Shipper, the measurements shall not be delayed or cancelled.

The Shipper may at any time request the verification of any component or set of components of the Measuring System, either by the Operator, or by an expert appointed by mutual agreement.

If the verification shows that the accuracy of the component or the set of components verified leads to an uncertainty regarding the calculation of the Unloaded Quantity that is less than or equal to 1%, and subject to the accuracy of the Vessel's measuring systems being compliant with Appendix 4, the measurements shall not be corrected and the verification expenses shall be paid by the Shipper.

If the verification reveals an uncertainty regarding the calculation of the Unloaded Quantity that is strictly higher than 1%, and if there is no agreement otherwise between the Operator and the Shipper, the Unloaded Quantities shall be corrected over the second half of the period that separates the Day of verification from the Day of the last calibration performed by the Operator.

13.3.3 Use of the measurements by the Operator

The Operator may, in compliance with its confidentiality obligations, make free use of the measurements taken within the framework of the Contract. It shall provide the Shipper with these measurements at the Shipper's request when such measurements have a direct bearing on the determination of the Unloaded Quantities or Reloaded Quantities.

14 GAS QUALITY

14.1 Unloaded LNG specifications

The unloaded LNG must comply with the following specifications:

Characteristic Specifications

Gross Calorific Value (combustion conditions 25°C and 1.01325 bar)

Between 10.67 and 12.72 kWh/m³

(Combustion 0 °C: 10.70 to 12.75 kWh/m³(n))



Characteristic Specifications

Wobbe Index (combustion conditions 25°C and 1.01325 bar)

Between 13.60 and 15.61 kWh/m³

(Combustion 0 °C: 13.64 to 15.65 kWh/m³(n))

Mercaptan sulphur content Less than 6 mg of S/m³(n).

COS+H2S sulphur content Less than 5 mg of S/m³(n).

Total sulphur content Less than 30 mg of S/m³(n).

Hg Less than 50 mg/m³(n).

O2 Less than 100 ppmv.

Other impurities Components that enable the Gas to be received without undergoing any additional treatment at the Terminal entrance.

The above specifications concerning the Gross Calorific Value, the Wobbe Index and the Oxygen content guarantee compliance with the current input specifications for the Transmission System. The specifications for the other components have been based on Easee Gas recommendations CBP2005-001/02.

14.2 Loading Certificate and measuring methods

Seven (7) Days at the latest before the start of the Window of Arrival or at the latest the Day after the Loading, if the Vessel loads less than seven (7) Days before the start of the Window of Arrival, the Shipper shall send the Operator a full Loading Certificate in accordance with Appendix 4, indicating the characteristics of the LNG measured on Loading, on the one hand, expected on Unloading, on the other hand. This certificate shall be sent by email or any other means to the Operator at the address shown in the Specific Conditions.

The Shipper shall ensure that the methods used during the Loading to determine the characteristics of the LNG comply with internationally recognised standards. The Operator may ask the Shipper for all of the information defined in Appendix 4 concerning these methods and the Shipper shall be obliged to send it as soon as possible. The Operator may also request verification of these methods by an independent audit company. If this verification highlights a non-compliance, the Shipper shall pay for the verification costs and take the necessary steps to correct the non-compliance(s).

14.3 Consequence of non-compliance with the specifications

If the Loading Certificate contains a value that does not comply with the specifications referred to in Paragraph 14.1 of the General Terms and Conditions, the Operator may refuse the corresponding Cargo, or make acceptance of such Cargo dependent on:

o payment by the Shipper of an additional indemnity that is intended to cover the costs of bringing the Cargo into compliance, and/or

o modification of the Window of Arrival scheduled for the Cargo.

Nevertheless, the Operator shall make reasonable efforts to accept said Cargo.

If the Operator refuses the Cargo, the Operator shall inform the Shipper thereof within a period that cannot exceed 18 (eighteen) Hours as from receipt of the Loading Certificate.

If the Operator unloads Cargo that does not comply with the specifications referred to in Paragraph 14.1 of the General Terms and Conditions after having expressly accepted such Cargo as such, the Operator shall waive claiming from the Shipper any indemnification whatsoever in respect of this non-compliance, to the exclusion of the above-mentioned additional indemnity, subject to the characteristics of the unloaded LNG being compliant with the forecast accepted by the Operator under the conditions referred to in the first subparagraph of this paragraph.

In the event of Unloading of Cargo that does not comply with the forecast accepted by the Operator, or that does not comply with the specifications referred to in Paragraph 14.1 of the General Terms and Conditions and that has not first and expressly been accepted as such by the Operator, the Shipper shall reimburse the Operator for the expenses and financial consequences that result from this non-compliance, in particular the penalties, damages and indemnities of any kind that the Operator is required to pay to third parties, any expenses paid by the Operator, where applicable, to bring the gas into compliance with the said specifications, as well as the damage caused to its own facilities.

The Operator may suspend any Unloading of Cargo that does not comply with the specifications referred to in Paragraph 14.1 of the General Terms and Conditions and that is not expressly accepted as such, or that does not comply with the forecast that the Operator accepted in accordance with the previous subparagraph, without the Operator's liability being incurred with regard to the Shipper as a result and without prejudice to any damages owed to the Operator by the Shipper as a result of this Cargo.



15 RIGHTS CONCERNING THE GAS AND ADMINISTRATIVE AUTHORISATIONS

15.1 Case of Unloading

The Shipper shall certify that it holds the rights for the LNG and/or for the Natural Gas that enable it to carry out an Unloading at the Terminal. It shall guarantee the Operator against the financial consequences of any recourse by third parties or the payment of indemnities to a third party that asserts rights concerning the LNG and/or Natural Gas.

The Shipper shall certify that it holds the permits and administrative authorisations required to have Unloadings carried out at the Terminal and shall undertake to compensate the Operator for consequences that are attributable to the non-possession of said permits and authorisations.

15.2 Case of Reloading

The Shipper shall certify that it holds the rights for the LNG and/or for the Natural Gas that enable it to carry out a Reloading at the Terminal. It shall guarantee the Operator against the financial consequences of any recourse by third parties or the payment of indemnities to a third party that asserts rights concerning the LNG and/or Natural Gas.

The Shipper shall certify that it holds the permits and administrative authorisations required to have Reloadings carried out at the Terminal and shall undertake to compensate the Operator for consequences that are attributable to the non-possession of said permits and authorisations.

16 FORCE MAJEURE AND SUSPENSION OF CONTRACTUAL OBLIGATIONS

16.1 Force Majeure Events

The following events and circumstances constitute Force Majeure Events under the Contract (hereinafter "Force Majeure Event(s)"):

o any event beyond the control of one of the Parties, which could not be reasonably foreseen on conclusion of the Contract and the effects of which cannot be avoided by appropriate measures, and which prevents said Party from carrying out its obligation;

o any circumstance referred to below, without there being any need for all of the criteria set forth in the preceding subparagraph to be met, insofar as its occurrence affects the Party that invokes the circumstance and prevents it from fulfilling all or part of its obligations under the Contract:

a) strike, b) machinery breakdown or failure or an operational or equipment accident, which does

not result from a lack of maintenance, abnormal use of the installations or a fault by the Party that invokes it,

c) unfavourable climate or nautical conditions, d) the action of a third party, the occurrence of which could not be reasonably foreseen by

the Party that invokes it, acting as a Prudent and Reasonable Operator. e) loss of the construction permit for the Terminal, or operating authorisation, despite the

reasonable efforts of the Party that invokes it, acting as a Prudent and Reasonable Operator,

f) an event or circumstance that affects the transmission capacity of the Transmission System and prevents the Transmission System Operator from collecting the Natural Gas quantities output from the Terminal.

The Shipper may not invoke a circumstance that affects its LNG supplies or any other event that affects the transportation of the Cargo up to the "Pilot Boarding Station" (PBS) under this article. Moreover, it shall neither be released from its obligations nor exempted from its liability due to the consequences of actions or omissions by the Captain or Owner of the Vessel or any of its subcontractors.

16.2 Consequences of a Force Majeure Event

Within the limits of the effects of the Force Majeure Event, both Parties shall be released from their obligations under the Contract, including for the Shipper the obligation to pay the Price, excluding the cases of exclusion provided for in Paragraphs 11.3.1 and 11.3.2 of the General Terms and Conditions (occurrence of the circumstance referred to in f) of Paragraph 16.1).

In a Force Majeure Event, both Parties shall be released from their obligations under the Contract (including for the Shipper its obligation to pay the Price), within the limit of the effects of the Force Majeure Event.



16.3 Obligations of the Party invoking a Force Majeure Event

The Party that invokes a Force Majeure Event must inform the other Party thereof as soon as possible by telephone, fax or any other means agreed between the Parties, and shall provide confirmation thereof by sending a Notice of Force Majeure by letter.

The notice of Force Majeure must specify:

o the description of the event or circumstance invoked, o the date of the Day when the event or circumstance invoked occurred, o for the Operator, the foreseeable consequences for its contractual obligations (Reception, Send-Out), o for the Shipper, the Daily Send-Out that it will have been prevented from collecting due to the Force

Majeure Event.

Acting as a Prudent and Reasonable Operator, the Party concerned shall take all measures to minimise the effects of the Force Majeure Event and shall endeavour to ensure normal resumption of fulfilment of the Contract as soon as possible. During the period in which its obligations are interrupted, it shall inform the other Party of the effects of the situation or circumstance in question on the fulfilment of its contractual obligations, the date when these effects cease, the measures that it is taking and plans to take in order to minimise them, the progress of the implementation of these measures and the time estimated for resumption of normal fulfilment of the Contract.

In compliance with its legal and regulatory obligations at the time of occurrence of the situation or circumstance referred to, the Operator shall pass on the effects to all users of the Terminal in a non-discriminatory manner. The reasonable means that the Operator shall be required to implement under this article only include those at its disposal in its capacity as Operator, with the exception of recourse to gas storage or purchasing services.

17 MAINTENANCE OF THE TERMINAL AND OTHER WORK

17.1 Scheduled work

Before 1 October of year N-1, the Operator shall send the Shipper the Program of Work for the following calendar year N. The Operator, acting as a Prudent and Reasonable Operator, shall make reasonable efforts to keep the total unavailability of the Send-Out function below or equal to a total of four (4) Days per year.

The Program of Work shall contain the following information:

o Brief description of the work, o Duration of the work, o Reductions or suspensions of service that result from the performance of this maintenance.

The Operator shall prepare its Program of Work while making every effort to take into account the following constraints:

o The work shall be carried out, as a priority, between 1 April and 31 October, o The schedule shall be optimised as much as possible so as to minimise the impact on the service provided, o Where possible, the implementation of the work shall be coordinated with the schedule for work carried

out by third parties (Transmission System Operator, electrical supply networks operator for the Terminal, Port Authorities, etc.) and that have an impact on the availability of the Terminal.

Acting as a Prudent and Reasonable Operator, the Operator may modify the Program of Work to best take into account preventive maintenance requirements while limiting the impact on the Send-Out Schedule. This modification cannot call into question the Windows of Arrival already scheduled. Where possible, the Operator shall inform the Shipper thereof, giving two (2) months' notice.

Before 1 October of the year N-1, the Operator shall send to the Shipper, for information purposes only, the provisional Program of Work that may affect the performance of the Contract for the calendar year N+1.

In the event that extension, major maintenance, renewal or regulatory compliance work may lead to periods of total unavailability exceeding 8 days in two consecutive years, the Operator shall inform the Shipper at least two (2) years before the forecast start date thereof. At the latest 12 months before this date, the Operator shall notify the Shipper of the extent to which and for how long the performance of the Contract shall be affected.

17.2 Unscheduled work

The Operator may at any time decide to carry out work that was not foreseeable when the Programme of Work was drawn up and that is necessary in order to rapidly correct incidents or accidents suffered by the Terminal (or to prevent such incidents or accidents) or that are imposed by the regulations in force or by the competent authorities. The Program of Work will be adjusted accordingly.

The Operator shall endeavour to carry out the work that is not scheduled on the initial Program of Work under conditions that minimise the consequences thereof for the Shippers. In particular, the Operator shall make every



effort to avoid carrying out unscheduled work without informing the Shipper thereof twenty-four (24) hours in advance. In compliance with its legal and regulatory obligations at the time of such operations, the Operator shall pass on the consequences thereof to all of the Terminal's shippers in a non-discriminatory manner.

The Operator shall inform the Shipper as soon as possible of the start date, duration and foreseeable consequences of the unscheduled work. It shall also list the reasons for this action.

If the Operator's obligations related to the reception of LNG made available to it by the Shipper are reduced or suspended under this article, the Operator shall make reasonable efforts, at the request and expense of the Shipper, to receive quantities of LNG that have an Energy Content that is equivalent to those quantities that it cannot or could not receive as a result thereof, during the following year.

18 SAFETY AND OPERATIONAL INSTRUCTIONS

Notwithstanding any stipulation to the contrary, the Operator, acting as a Prudent and Reasonable Operator, may at any time take any action that aims to protect the safety of property and people or the integrity of the Terminal or of the Transmission System or to guarantee the fulfilment of its legal or regulatory obligations, including any action the result of which is an adjustment to or an interruption of the service provided to the Shipper pursuant to the Contract, subject to the non-discriminatory treatment of shippers in compliance with the legal and regulatory provisions in force. The Operator can, in particular, inform the Shipper, using any means, of Operational Instructions that the Shipper shall undertake to comply with and, where applicable, to ensure compliance by the Owner and Captain of the Vessel.

Under such circumstances, the Shipper cannot claim any indemnification from the Operator or its insurers for the consequences of a reduction in or interruption of the Unloading or Reloading or Send-Out from the Terminal. Moreover, it shall guarantee the Operator against any recourse by third parties or the payment of indemnities to a third party with which the Shipper is contractually linked.

19 MANAGEMENT OF SEND-OUT SHUTDOWN PERIODS DUE TO SHORTAGE OF LNG

Under some operational conditions, LNG terminals are likely to consume additional gas in kind. Indeed, below a minimum send-out rate, and in the absence of boil-off gas compressors, terminal operators have to flare some of the evaporations of LNG stored in the tanks if they are unable to reintroduce it in the gas send-out towards the Transmission System.

In this case, the additional quantities of flared gas are allocated to all Terminal users, in proportion to the difference, for each of them, between a threshold of 50% of the quantities scheduled for unloading during the annual schedule provided in December and the net quantities effectively unloaded, i.e. by deducting the quantities reloaded, over a period of two (2) Months ending in the Month of return of the Send-Outs to the Transmission System.

In the event of a long-term lack of LNG unloading operations that may affect the conditions for keeping a terminal cold, the operator informs CRE as soon as possible and proposes the measures planned after consulting the users.

20 LIABILITY AND INSURANCE

20.1 Liability with regard to third parties

The Operator and the Shipper shall each bear the financial consequences of their civil liability under common law, due to any damage caused to a third party within the context of fulfilment of their respective obligations under the Contract. In particular, the Shipper shall be liable for damage that results from non-compliance with contractual or regulatory rules and procedures by the Ship Owner, the Captain, the Authorities and Port Services, or any of its agents and subcontractors.

The Shipper shall be liable, in accordance with Paragraph 14.3 of the General Terms and Conditions, for the financial consequences of its civil liability due to any damage caused to a third party following the Unloading of Cargo that does not comply with the specifications defined in Paragraph 14.1 of the General Terms and Conditions and that was not expressly accepted as such by the Operator. As a result, the Shipper shall guarantee the Operator against any recourse from third parties or the payment of indemnities to third parties as a result of such damage.

By way of exception to the principle set forth in the previous paragraph and in accordance with Paragraph 14.3 of the General Terms and Conditions, the Operator shall remain liable for the financial consequences of its civil liability in respect of any damage caused to a third party following the Unloading of Cargo that does not comply with the specifications defined in Paragraph 14.1 of the General Terms and Conditions, but that was expressly accepted as such by the Operator. As a result, the Operator shall guarantee the Shipper against any recourse from third parties or the payment of indemnities to third parties as a result of such damage.



20.2 Liability between the Parties

20.2.1 Bodily injury

The Operator and the Shipper shall each be responsible for the consequences of any physical injuries that may be suffered, within the context of fulfilment of their respective obligations under the Contract, by the staff that they directly or indirectly employ, regardless of the perpetrator of the action that caused said injuries.

As a result, the Operator and the Shipper shall vouch for compliance with this undertaking by their respective subcontractors, suppliers and insurers, and shall waive the right to any recourse against one another in respect of such injuries, formally subject to the rights of the persons concerned and their beneficiaries under French Social Security law.

20.2.2 Material damage

The Operator shall bear the cost of any property damage that it might cause to the Vessel in the performance of its obligations under the Contract up to a limit of one hundred and fifty million (150,000,000) Euros per event. As a result, the Shipper shall waive the right to any recourse against the Operator above this threshold and, notwithstanding the stipulations of article 14.3, shall guarantee the Operator against any recourse from third parties to the Contract and particularly, where applicable, the owner and/or operator of the Vessel (Ship Owner, Charterer, etc.), regarding said damage.

The Shipper shall bear the cost of the property damage caused to the Terminal in the performance of its obligations under the Contract, irrespective of who committed the action that led to such property damage and particularly the Ship Owner, Charterer, Captain, Port Authorities and Services, within the limit of one hundred and fifty million (150,000,000) Euros per event. As a result, the Operator shall waive any recourse against the Shipper beyond this ceiling for such damage

As an exception to the principle set forth in the previous paragraph and in accordance with Paragraph 14.3 of the General Terms and Conditions, the Operator shall be responsible for the material damage caused to the facilities for which it is the owner or responsible for where such damage is caused by the Unloading of Cargo that does not comply with the specifications defined in Paragraph 14.1 of the General Terms and Conditions but that the Operator expressly accepted as such. As a result, the Operator shall waive the right to any recourse against the Shipper in respect of such damage.

20.2.3 Consequential damage

The Operator and the Shipper shall each be responsible for the consequences of any consequential damage that they may suffer, within the context of fulfilment of their respective obligations under the Contract, regardless of the perpetrator of the action that caused said consequential damage. As a result, the Operator, the Shipper and their respective insurers shall reciprocally waive the right to any recourse in respect of said consequential damage.

As an exception to the principle set forth in the previous paragraph, in the event of consequential losses occurring as a result of a proven failure by the Operator to meet its contractual obligations, the Operator's liability may be incurred with regard to the Shipper on the basis of the payment by the Shipper of indemnities to third parties (in particular in the event of sale/resale to the Transmission System Operators in the event of imbalance in the TRS Balancing Zone or costs invoiced by another terminal to receive Cargoes refused by the Terminal).

In the same way, if consequential damage occurs as a result of a proven shortcoming by the Shipper with regard to its contractual obligations, the liability of the Shipper may be incurred on the basis of the payment of indemnities to these third parties by the Operator.

20.2.4 Limits

The liability of the Operator and the Shipper in virtue of Paragraph 20.2.3 shall however be limited to:

o per event, one sixth of the corresponding amount of the Shipper's minimum payment obligations referred to in Paragraph 11.2 of the General Terms and Conditions, but cannot exceed two million (2,000,000) euros;

o per calendar year, two times the amount defined above.

As a result, the Shipper and the Operator shall waive the right to any recourse against one another in respect of such damage above these limits.

20.3 Insurance

Each Party must take out the insurance policies that are necessary to cover the risks borne by it under the Contract. It shall pay for any premiums and deductibles under these policies. It shall undertake to obtain from its insurers,



within this scope, the renunciation of their subrogation rights, within the limit of the waivers to recourse referred to in Article 20 of the General Terms and Conditions.

At the Operator's request, the Shipper shall provide an insurance certificate issued by its insurer or its insurance broker.

21 CONTRACT REVISION

21.1 Revision related to legal or regulatory provisions

If new legal or regulatory provisions, or provisions that are issued by the competent authorities, and that may apply directly or indirectly to the Contract or the Terminal, enter into force throughout the duration of the Contract, the Operator shall notify the Shippers as soon as possible of the amendments it proposes to make to the contractual conditions in existence at the time, specifying if necessary the possible financial impacts for the Shippers. The Operator shall endeavour to take into account, in compliance with the principle of non-discrimination, the observations that the Shippers shall provide to it. The new conditions shall take effect on the date of entry into force provided for by the aforementioned legal or regulatory provisions and shall automatically complete or substitute the existing contractual conditions, without any compensation of any kind.

21.2 Other revision situations

In all other cases, the amendment proposal, whether issued by one or several Shippers or the Operator, shall be notified as soon as possible by the Operator all of the Shippers. The notification shall indicate the event that led to the amendment, justification and nature of the measures proposed, and any impact on the Shippers under the Contract. The Shippers shall have thirty (30) calendar days following receipt of the notification to make known its opposition to the proposed amendment. Said opposition must be duly substantiated and be based on reasonable grounds. If, at the end of the above time limit, no Shipper has expressed its opposition in writing, the proposed amendment shall be considered to have been accepted by the Shippers and the Contract shall be amended accordingly by change notice. If, prior to the expiry of the above time limit, one or several Shippers oppose the proposed amendment, the Parties shall meet in order to negotiate in good faith so as to decide on the appropriateness and content of the contractual amendment. In the absence of an agreement between the Shippers and the Operator within three (3) months of the aforementioned notification of the opposition, the contracts shall be continued under the conditions in force at the time. As an exception to the foregoing, the Operator may impose a review of the Contract, without the Shipper being able to oppose this, when it concerns:

(i) the forms in Appendices 3 and 4, (ii) the improvement of Terminal safety.

Any review decided upon under this article shall take effect on the date of effect indicated in the change notice.

Notwithstanding the above, any amendment referred to in this article of the General Terms and Conditions below may not concern the amendment of Appendix 1 - Specific Conditions of the Contract, which constitutes the specific conditions negotiated by the Shipper with the Operator and which may only be amended with the express agreement of the Parties.

22 TAXES AND DUTIES

Each Party shall pay the taxes and duties to which it is liable pursuant to the regulations in force at any time. The price stipulated in the Contract and owed by the Shipper is exclusive of all taxes or withholdings of the same nature that result from this regulation.

23 IMPORTS, EXPORTS AND ADMINISTRATIVE FORMALITIES

The Shipper shall be responsible for the administrative and customs formalities required for the import of the unloaded LNG and for the export of reloaded LNG within the framework of the Contract.



24 INFORMATION

The Parties shall keep each other informed, at all times and as soon as possible, in a timely and detailed manner, of any event or circumstance or information that may have a significant impact on the performance of the Contract.

In the event of a major incident that endangers a Vessel or its Cargo (running aground, etc.) and that occurs before the Arrival of the Vessel at the Terminal, the Shipper shall inform the Operator of the progress of the situation by telephone or email, Hour by Hour and in a detailed manner, as soon as it becomes aware of the said incident.

25 CONFIDENTIALITY

Unless expressly mentioned otherwise in the Contract or by legal or regulatory provisions, each Party shall undertake to maintain the confidentiality in relation to third parties of all of the information provided by the other Party within the context of preparation or fulfilment of the Contract.

The Parties shall not be liable for the disclosure of information if such information:

o is in the public domain, or o is regularly obtained by sources that are not subject to a confidentiality obligation by the Party that

disclosed the information, or o must be communicated to a third party because required by law, a court decision or a decision by a

competent public authority, or o must be communicated to the respective advisors or statutory auditors of the Parties.

This confidentiality obligation shall bind the Parties during the duration of the Contract and shall remain in effect for a period of five years as from the date of termination or expiration of the aforementioned Contract.

The Operator shall further undertake to keep confidential any commercially sensitive information provided by the Shipper within this framework in compliance with the legal and regulatory provisions in force.

26 TERMINATION OF CONTRACTS

This provision shall apply in the event of arrival of the Contract Expiry Date or in the event of application of article 27 of the General Terms and Conditions.

If the Shipper's Shared Stock Level is positive at the end of the Contract, the Operator shall deliver on behalf of the Shipper the volume of LNG that remains, over a period that cannot exceed thirty (30) Days. If Send-Out into the system is impossible, the Operator shall hold an auction with the other Shippers. The revenues from the sale shall be paid to the Shipper in full.

If the Shipper's Shared Stock Level is negative at the end of the Contract, the Operator shall then use the Negative Stock and Offsetting Guarantee in accordance with the terms and conditions described in Appendix 7 in order to reimburse the Affected Shippers.

27 TERMINATION

27.1 Termination for breach

In the event of a serious breach or repeated breaches by one of the Parties of its obligations under the Contract, and without prejudice to the application of the penalties provided for under the Contract for said breaches, the other Party may terminate the Contract unilaterally with a date of effect two (2) calendar months as from the last day of the month of notification of the termination.

The following shall, in particular, constitute a serious breach by the Shipper:

o the loss, withdrawal or suspension, for any reason whatsoever, of the Shipper's authorisation to supply, o a breach of the Shipper's obligations concerning the Payment Guarantee and the Negative Stock and

Offsetting Guarantee, o payment default of an amount that corresponds to two (2/12) twelfths of the minimum payment obligation

for a period of thirty (30) days, with the Operator being entitled to suspend the Regasification service during the period of non-payment,

o termination of the Transmission Contract.

The following shall, in particular, constitute a serious breach by the Operator:

o interruptions of service due to negligence or wrongful behaviour by the Operator for quantities unloaded and/or delivered that are 30% higher on average than the contractual quantities over a period of 9 months.



The termination of the Contract by the Operator due to a fault of the Shipper shall render all monies owed by the Shipper under the Contract immediately payable.

Except in the event of a serious breach by the Operator, the termination of the Contract shall, for the Shipper, result in the payment of an indemnity to the Operator that corresponds to the minimum payment obligation, as described in Paragraph 11.2 of the General Terms and Conditions for the remaining contractual period. The Shipper shall undertake to pay, at the latest 10 (ten) days after sending of the corresponding invoice by the Operator the sums that the Operator will have determined and that correspond to the aforementioned indemnity.

If, between the date of effect of the termination and the stipulated end date of the Contract, the Operator succeeds in selling all or part of the Capacities subscribed by the Shipper, the Operator shall reimburse the Shipper for eighty per cent (80%) of the indemnity that corresponds to the capacities sold or the corresponding revenue from the selling of the capacities. The amounts that correspond to the capacities that could not be sold, as well as all interest accrued, shall remain the property of the Operator.

27.2 Termination for Force Majeure

If the occurrence of a Force Majeure Event prevents a Party from fulfilling an obligation for a period exceeding thirty (30) consecutive days, the Parties shall meet in order to examine the adjustments to be made to their respective contractual obligations, in order to take this new situation into account. If the Force Majeure Event continues and no agreement is reached between the Parties, any one of the Parties may terminate the Contract but must give notice of ninety (90) days from the end of a period deemed to be a Force Majeure Event of twelve (12) consecutive Months or fourteen (14) non-consecutive Months.

28 ASSIGNMENT

The Shipper may assign, without the Operator's prior agreement and within the limits and conditions specified below, all or part of its associated rights and obligations under the Contract, to a company in which it holds a direct 99% stake and that presents the same level of guarantee as the assignor when the Contract was signed.

The Shipper may assign, with the Operator's prior written agreement and within the limits and conditions specified below, all or part of its rights and obligations under the Contract to a third party. A refusal decision must be justified by serious reasons (e.g. security imperatives, technical capacities). The Operator's response must be sent within ten (10) days of the request being sent by the Shipper.

The notification by the Shipper to the Operator of the assignment declaration or request shall mention the identity of the assignee, the capacities to be assigned and the duration of the assignment. The assignor shall also notify the Operator of its acceptance of the assignment request made by the Shipper, confirming the capacity and duration of the assignment.

The Operator shall process the assignment requests on a first-come, first-served basis.

The assignment shall enter into effect, subject to it being accepted by the Operator, on the date of signature of the contract between the Operator and the assignee.

In all cases, the assignment shall be contingent on compliance by the assignee with all of the Contract performance conditions (in particular the conditions related to the guarantee).

On the date of effect of the assignment, the assignee shall replace the assignor for the entirety of the assignor's rights and obligations that form the purpose of the assignment, for the duration of the assignment within the framework of the Contract.

29 SUB-LEASING

The Shipper may also sub-lease its capacity. In this case, it shall not be released from its obligations under the Contract.

30 UNUSED CAPACITIES: "USE IT OR LOSE IT" CLAUSE

The Shipper may ask the Operator to sell capacities that the Shipper does not plan to use to a third party or another Shipper.

The Shipper should inform the Operator, at the latest on the twentieth (20th) day of Month M-1, of its Request for a Monthly Unloading Schedule for month M as well as its guideline Unloading schedule for Months M+1 and M+2.

The Operator shall publish, on the twenty-fifth (25th) day of Month M-1 for month M, the available capacity, taking into account the subscribed capacity that is not subject to a scheduling request. For information purposes, it shall



also publish this data for Months M+1 and M+2. It shall update this information daily.

The Shipper shall have the option of explicitly renouncing its capacity to access the Terminal for Months M+1 and M+2. The possible subscription of these capacities by another shipper shall be carried out in accordance with Article 29 of the General Terms and Conditions.

The available access capacities shall be sold by the Operator to the Shippers or third parties that have requested them, for the period in question, on a "first-come, first-served" basis, at the access tariff and under the conditions in force at the time.

If the Monthly Schedule for Month M does not show any available Window of Arrival, any Unloading cancellations, except in cases of Force Majeure as provided for in Article 17, shall be recorded by the Operator and reported to the French Energy Regulation Commission (CRE). When all of the Terminal's capacities have been subscribed, the CRE may demand the restitution of the capacities subscribed by the Shipper in question in order to free up capacities at the Terminal, after analysis on a case-by-case basis.

Should access to the Terminal's regasification capacities be congested, and at the request of the CRE, the Operator will provide it with all of the information on the reservation requests over the period affected by this congestion.

31 MISCELLANEOUS

31.1 Divisibility

If any one of the provisions of the Contract were to be declared null and void or found to be inapplicable in whole or in part, or not compliant with decisions or injunctions issued by the competent authorities, the validity of the remaining provisions of the Contract shall not be affected thereby. In this case, the Parties must, if possible, replace said provision by a valid provision that corresponds to the purpose, spirit and economic equilibrium of the Contract.

31.2 Tolerance

The fact that a Party tolerates any shortcoming by the other Party in the fulfilment of its obligations under the Contract must under no circumstances be construed as being a tacit waiver of the benefit of these obligations.

32 PROTECTION OF PERSONAL DATA

Terms other than those defined in this Article shall have the meaning assigned to them in the Personal Data Protection Laws (“Personal Data Protection Laws” refers from 25 May 2018, Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data (hereinafter the “Regulation 2016/679"), as well as any laws or regulations relating to the protection of Personal Data applicable to the data processing made pursuant to this Contract.

The Parties shall enable each other, in relation with this Contract, to process data, files, and so on of any nature and in any form, constituting Personal Data.

The Parties undertake to act in accordance with the Personal Data Protection Laws.

In the event that one of the Party is required to process data on the other’s party behalf, it undertakes in particular to comply with all the obligations stipulated in article 28 of Regulation 2016/679 and to ensure that authorized persons only have access to the Personal Data they need for their duties, and undertakes to respect the confidentiality of the Contract.

In terms of security, the Parties undertake to set up and maintain, throughout the term of the Contract, all relevant technical and organizational measures, in particular all security measures that are appropriate given the nature of the Personal Data processed and the risks inherent in any Processing that is carried out.

The Parties undertake to refrain from subcontracting the Personal Data without express consent from the other Party.

The Parties undertake (while refraining from responding directly to the Data Subjects) to promptly notify the Other Party of any request from a Data Subject in respect of his/her rights concerning his/her Personal Data and to supply the Other Party with any assistance it may require to more easily respond to such requests.

In the event of a Personal Data transfer to third countries not ensuring an adequate level of protection within the meaning of the Directive and Regulation 2016/679, express prior consent shall be obtained from the Party concerned by the transfer before this effective Personal Data transfer.

For all Personal Data transfers to a third country authorized by a Party (entities associated with the Parties or Sub-



Processors), this Party hereby authorizes the other Party to establish the guarantees required by the applicable Personal Data Protection Laws.

In the event of a Personal Data breach, the Parties shall notify it each other within 48 (forty-eight) hours of learning thereof.

The Parties also undertake to submit an analysis of the impact of the breach to the Party concerned by the Personal Data breach within forty-eight (48) hours of the aforementioned notification.

The Parties undertake to cooperate each other to enable the Party concerned by the Personal Data breach to report it to any competent Supervisory Authority, in accordance with the Personal Data Protection Laws.

The Parties reserves the right to carry out, at its sole discretion and under the conditions laid down in the security annex, any checks it may deem necessary to ensure that the other Party and its Sub-Processors are complying with their obligations in respect of Personal Data, as defined in this Contract.

Upon the expiry of this Contract, or if it is terminated early for any reason, the Parties shall return each other all of the Personal Data they may have processed in any way, doing so within a reasonable timeframe, which may not exceed one month.

33 DISPUTES AND APPLICABLE LAW

The Parties shall endeavour to amicably resolve any dispute relating to the preparation, performance or interpretation of the Contract. If an amicable agreement cannot be reached, such a dispute shall be brought before the Paris Commercial Court and/or Committee for settlement of disputes and sanctions (CoRDIS) of the Energy Regulation Commission(CRE) within the framework of the missions that have been assigned by law.

The Contract is subject to French law, as regards both procedural and substantive matters.


Contract for Access to the Fos-Cavaou LNG Terminal - FCXXAAMM - Appendix 3 - page 1/14 Vessel related Procedures - version dated April 1 2019

APPENDIX 3

VESSEL-RELATED PROCEDURES

English translation for information.

Disclaimer

The present translation is not binding and is provided by Fosmax LNG exclusively for information purposes.

Fosmax LNG disclaims any warranty of any kind as to the accuracy and completeness of the present translation,

the document in French being the sole and unique reference for the execution of the Contract and that would in

any case prevail over any translated version. Fosmax LNG reserves the right to update the translation at any time

as deemed necessary by Fosmax LNG to improve and/or adjust the quality and/or content of the translation

submitted and available on Fosmax LNG’s website. The Shipper is free to use the translated document at its own

risk and under its own responsibility, and remains liable to check the latest version available on the website for

this purpose. In addition to the translation proposed by Fosmax LNG, the Shipper may use at its own risk and

costs, other translated documentation if deemed necessary by the Shipper with the understanding that in any event

a translation would not be taken into consideration if a discrepancy were to arise between the translation and the

French version.



This appendix is an operational appendix which applies without prejudice to the provisions of the General Terms and Conditions.

The terms beginning with a capital letter in this appendix have the meaning given in the definitions of the General Terms and Conditions.

1 Vessel Scheduling at the Terminal

The Shipper shall notify the name of the Vessel in its Monthly Schedule Request in accordance with paragraph 7.2 of the General Terms and Conditions.

The Operator shall notify the Cargo scheduling procedures with the notification of the Monthly Schedule. The Cargo scheduling procedures shall include: (i) the characteristics of the Cargo such as the Window of Arrival, the estimated Energy Content to be unloaded or reloaded and (ii) the Vessel Reception procedures.

The Vessel Reception procedures shall consist of Vessel safety inspections (inspections according to the SIRE questionnaire (OCIMF Ship Inspection Report) or operational and/or technical requirements of the Operator in order to ensure safety and smooth operations during Port Calls, with the Operator acting as a Prudent and Reasonable Operator.

2 Ship Approval

Any vessel for which the Shipper requests access to the Terminal must meet the acceptability conditions described in the Approval Procedure in order to receive the Approval referred to in paragraph 10.1 of the General Terms and Conditions. The "Ship Approval Procedure"1 is published on the Operator's website. It is established in line with the "LNG Ship Approval Procedure" produced by the GLE2.

A vessel's Approval shall constitute a Specific Service of the Contract.

The Shipper can request the Approval of a vessel at any time. The Operator shall register the request and specify its feasibility within the time frames required by the Shipper.

The Shipper shall be responsible for the Ship Owner's diligence for the vessel's Approval. The Operator shall make its best efforts to ensure smooth running of the procedure and that the Terminal information is passed on to the Ship Owner.

The Vessel's Approval with the Terminal is completed when the Ship-Shore Safety Plan (SSSP, see article 4 of this appendix) is established and up to date.

The names of the Vessels approved at the Terminal shall be published on the Operator’s website.

The Shipper shall ensure that the Ship Owner complies with the necessary conditions to maintain the Vessel's Approval.

The Vessel's Approval at the Terminal may be reviewed at any time by the Operator, in accordance with the provisions of

the "Ship Approval Procedure", in particular if the Vessel changes name, flag, technical manager or Ship Owner, or if its pre-acceptance questionnaire has not been updated in at least two years.

The Operator shall reserve the right to check that all of the Vessels comply with the approval conditions, in particular through inspections, and, in the event of non-compliance, the right to make continuance of its Approval contingent on the implementation of corrective measures, refuse the Vessel's access to the Terminal or withdraw its Approval.

The Operator can, at any time, change the configuration of berth for safety or efficiency reasons. In these cases, the Operator shall inform the Shipper, with which it shall liaise, of the change.

1 Document in English only.

2 Gas LNG Europe, group of European LNG terminal operators.



3 Operational conditions of Reception

3.1 Estimation of the time of arrival by the Shipper, notification of the ETA

For each Window of Arrival, the Shipper shall inform the Operator of the estimated time of arrival (ETA) of the Vessel at the Pilot Boarding Station for access to the Terminal, in accordance with the information exchange procedure between the Vessel and the Terminal described in paragraph 5.1 of this appendix.

3.2 Adjusted Arrival Slot

The Shipper may at any time request to have the Vessel arrive before the start or after the end of the Window of Arrival

determined in accordance with the provisions of article 6 of the General Terms and Conditions.

If the request concerns an arrival before the start of the Window of Arrival, the Operator shall define an Adjusted Arrival Slot

as soon as possible according to its Scheduling availability and that starts no later than at the start of the Window of Arrival.

If the request concerns an arrival after the end of the Window of Arrival, the Operator shall give its agreement to the Master

and to the GPMM Port Authorities to accommodate the Vessel alongside the Terminal berth, by defining an Adjusted Arrival

Slot, as soon as possible according to its Scheduling availability, in particular by respecting the priority of the Vessels that

have arrived or that are scheduled to arrive within their Window of Arrival or their Adjusted Arrival Slot. Any refusal by the

Operator shall be duly substantiated.

3.3 Notice of Arrival and berthing

A Notice of Arrival, drafted according to the form indicated in paragraph 5.2 of this appendix, shall be sent by the Master to

the Operator at the address of the Terminal stated in the Specific Conditions, as soon as all of the conditions below have been

met:

(i) the Vessel has reached the Pilot Boarding Station, (ii) the Vessel has obtained from the GPMM's Port Authorities all of the authorisations required to enter the port

and to berth at the Terminal's dock, (iii) the Vessel has obtained from its Ship Owner and from the Shipper all of the authorisations required to

perform Unloading or Reloading, (iv) the Vessel has received an Adjusted Arrival Slot from the Operator, where applicable, (v) the Master has ordered the Port Services necessary for the berthing of the Vessel, (vi) the Vessel is ready to berth.

All Vessels are required to issue a Notice of Arrival within their Window of Arrival, scheduled in accordance with the provisions

of article 7 of the General Terms and Conditions, or within their Adjusted Arrival Slot notified in accordance with paragraph 3.2

of this appendix.

When the Notice of Arrival is issued, the Operator shall give its agreement to the Master and to the GPMM's Port Authorities to accommodate the Vessel alongside the Terminal berth as soon as possible. The authorisation for the Vessel to berth at the Terminal's dock is given by the Port Authorities.

3.4 Unloading, Reloading and Operating Record

Once the Master has all of the rights to proceed, the Unloading or Reloading can take place when:

(i) the Master and the Operator have filled in and validated without reservation the SSSP and the regulatory Ship-Shore

Checklist (« Check-list »),

(ii) the Cargo inspection has been carried out by the Vessel, in the presence of the Operator.

The Cargo inspection indicates, in particular, the pressures at the top of the Vessel's tanks and the liquid phase temperatures in each of the tanks, which must comply with the requirements specified in paragraph 3.5 of this appendix.

The Operator shall then take all appropriate measures for the Unloading or Reloading, in accordance with the procedures described in the SSSP in article 4 of this appendix.

The Vessel shall be required to leave the dock as soon as the Commercial Operations are completed, unless otherwise agreed with the Operator or as specifically instructed by the Port Authorities.

The Operator, in its capacity as a Prudent and Reasonable Operator, shall reserve the right to not start or suspend the Unloading or Reloading and require the Vessel to be removed from the Terminal in the following cases:

(iii) if requested to do so by the Port Authorities, (iv) not obtaining all administrative and customs authorisations by the Vessel to perform the Unloading or Reloading

within a maximum period of one Hour after the validation of the Ship-Shore Checklist or within a maximum of six



Hours after mooring, (v) violation of or non-compliance with the regulations of the Port Authorities, or the rules set out in the Contract, (vi) non-compliance with the Ship-Shore Checklist or with the SSSP, (vii) endangerment of the safety of property and/or people and in particular that of the Vessel, its crew, the Operator's

staff, the Terminal's staff or the surrounding area, (viii) non-compliance of the LNG transported by the Vessel to the Terminal in relation to the specifications referred to in

paragraph 14.1 of the General Terms and Conditions or expressly accepted by the Operator under the conditions referred to in paragraph 14.3 of the General Terms and Conditions,

(ix) occurrence of a circumstance referred to in articles 16 or 18 of the General Terms and Conditions, (x) the Vessel or its crew does not meet the performance requirements communicated to the Operator by the Shipper

at the time of the scheduling of the Unloading or Reloading.

The times, equipment used, events and any useful information shall be indicated in the Terminal’s Operating Record, a template of which is provided in paragraph 5.3 of this appendix. The Operating Record shall be signed by the Vessel’s Master and by the Operator at the beginning and at the end of the Unloading or Reloading.

3.5 Management of evaporations during Unloading or Reloading and consequences

The thermodynamic state of the liquid and vapour phases in each of the Vessel's tanks must comply with the following requirements:

o in the case of Unloading: for each tank to be unloaded, the pressure of the vapour phase, in thermodynamic

equilibrium with the liquid phase, is less than 1,100 mbar absolute;

o in the case of Reloading: for each tank to be reloaded, the average temperature of the vapour phase is below -

130 °C and it is possible to detect LNG at the bottom of the tank.

The operating conditions of the Terminal and/or Vessel (in particular the thermodynamic state of the liquid and vapour phases of the Vessel's tanks) may make it momentarily impossible to reincorporate the evaporations. According to the conditions stated in paragraph 8.3 of the General Terms and Conditions, there shall be a reduction in the rate of Unloading or Reloading, or flaring of the evaporations that cannot be reincorporated.

3.6 Port Call Duration

The Port Call shall include the following operations:

1. Fairway navigation, berthing and mooring,

2. Connection of arms, procedures and inspection,

3. Unloading or Reloading,

4. Drying of tanks in the event of Unloading,

5. Purging, inspection and reheating,

6. Supplies,

7. Disconnection,

8. Unberthing and fairway navigation.

The Commercial Operations are operations 2 to 7. In all cases, the Shipper shall be required to perform operations 1 to 8 in such a way as to comply with the Port Call Duration.

The Shipper may perform operations 4 and 6 while on Port Call at the Terminal. Nevertheless, it must request the prior authorisation of the Operator within the time frames provided for in paragraph 5.1 of this appendix for the Specific Services and obtain authorisation from the Port Authorities. The Operator shall accept these operations provided that the Port Call Duration is complied with and if permitted by the Terminal's operations.

The Shipper may ask the Operator for authorisation to extend the Port Call Duration. The Operator shall accept if such extension does not disturb the Terminal's Scheduling.

The Specific Services are described in the catalogue of services published on the Operator's website.

For supplies requirements, the Operator shall authorise, under the Shipper's responsibility, third parties to have access to the berth.

Bunkering operations shall be carried out as per article 6 of this appendix.



Case of Unloading:

The Port Call Duration shall be 30 hours for Cargo from which volume unloaded is less than or equal to 160,000 m³. For Cargo from which the volume unloaded more than 160,000 m³, the Port Call Duration shall be measured in Hours and defined by using the following formula, rounded up to the higher Hour:

Port Call Duration = 30 + ((Q - 160,000)/12,000),

• Q being the volume of LNG unloaded,

• 12 000 being the average Unloading flow rate.

Case of Reloading:

Port Call Duration = 21 + Q/ 4 000,

• Q being the volume of LNG reloaded,

• 4 000 being the average Reloading flow rate.

The Effective Port Call Duration starts from receipt of the Notice of Arrival by the Operator and ends at a date corresponding to the ship sails + three (3) Hours.

Any event that may extend the Port Call beyond the Port Call Duration, in particular related to the Vessel's pumping capacity or the Terminal's Reception capacity, irrespective of the cases referred to in paragraph 3.4 of this appendix, must be notified to the other Party as soon as possible.

4 Ship-Shore Safety Plan (SSSP) and Preliminary Meeting

The SSSP (Ship-Shore Safety Plan), referred to in paragraph 10.5 of the General Terms and Conditions, is specific for each operation, each Vessel and each Terminal.

It gathers all technical, operational, safety, security information pertaining to the Vessel and the Terminal, and applicable when the Vessel is within the Port area or alongside, to ensure safe operations. Information included in the SSSP are also an input for the regulatory Ship-Shore Checklist before starting Cargo Transfer operations.

It shall notably include information shared between the Vessel and the Terminal:

• Description of nautical and port environment and instructions

• Description of terminal facilities

• Vessel general information and design

• Contact list of persons responsible / involved in the Call

• Mooring

• Ship / shore communication

• Access on board

• Cargo Transfer procedures

• Safety instructions and operating limits

• Firefighting equipment

• Cargo Transfer emergency shutdown procedures

• Emergency shutdown procedures in the event of an accident or incident

• Instructions for additional operations.

The SSSP consists in:

• Terminal Handbook

• Specific operations plan for the Port Call

• Ship-Shore Checklist

• Vessel’s documents gathered during Vessel’s Registration Procedure

In order to finalize the Vessel’s Approval and jointly approve the SSSP, the Operator and the Vessel’s Ship Owner shall organize a ship/shore interface meeting (meeting at the Terminal or conference call according to Operator’s requirements) prior to the first Port Call of the Vessel.



During the pre-transfer meeting before the Cargo Transfer of each Port Call of the Vessel at the Terminal, the SSSP is reviewed, updated where necessary and jointly approved by the designated representatives of the Operator and of the Ship Owner. SSSP’s prescriptions are implemented throughout the Port Call.

The SSSP is updated by the Operator and by the Ship Owner, in particular:

• in case of modification of the information in the SSSP;

• after regulatory updates of the Ship-Shore Checklist by the Port Authorities;

• further to review of good practices related to operations issued by SIGTTO or OCIMF for instance;

• at any time for safety reasons regarding the Vessel or the Terminal.

If no agreement is reached between the Operator and the Ship Owner on the SSSP, the Approval status as defined in paragraph 10.1 of the General Terms and Conditions shall not be granted or shall be withdrawn by the Operator.

A safety drill may be organized with the Vessel when calling at the Terminal.



5 Information exchanged relating to the Port Call

5.1 General

The following information shall be exchanged by letter or any other agreed means, and shall specify the name of the Vessel, the Cargo number, and the date and time of sending.

All of the dates and times indicated must be given in Coordinated Universal Time (UTC).

LOCATION, DATE, CIRCUMSTANCES

NATURE AUTHOR(S) RECIPIENT(S)

During Approval Procedure and prior to the first Port Call

SSSP Operator and Ship Owner

Operator and Master

Prior to the Port Call Drawing up of a Declaration Of Safety (DOS) if applicable

Operator and Master

Operator and Master

Prior to the Port Call If applicable, organisation of a SIRE Inspection: Request for access of inspector(s) on board

Operator Ship Owner and Shipper

No later than 7 days before the start of the Window of Arrival

Or no later than the Day following the Loading if the Vessel loads less than 7 days before the start of the Window of Arrival

ETA

Cargo characteristics, Loading Certificate if applicable

Forecast value of these characteristics (volume, quality, temperature) upon arrival at the Terminal

Shipper Operator

No later than 5 days before the start of the Window of Arrival

If applicable, requests for Specific Services related to the Vessel

Master and Shipper Operator

If applicable, requests for Specific Services related to the Cargo (drying out, etc.) that are not included in the Monthly Schedule, mentioning the estimated duration of each operation

Shipper Operator

7 days, 48 hours, 24 hours & 6 hours before the start of the Window of Arrival

Update of the Vessel's position and her ETA.

Mean temperature of the LNG, mean temperature and pressure of the vapour phase in each tank of the Vessel. LNG volume in each tank.

Master Operator

24 hours before the start of the Window of Arrival

▪ Crew list

▪ Visitors list

Master Operator

At the entrance to the fairway, when passing the Omega buoy

Position and ETA Master Operator

At the Pilot Boarding Station before the Port Call

Notice of Arrival Master Operator

Agreement for accommodating the Vessel for berthing

Operator Port Authorities and Master

At the dock, before and SSSP, including Ship-Shore Checklist Operator and Operator, Master





during the transfer Master and Port Authorities

At the dock, before and after the transfer

Operating Record (« Time Sheet ») Operator and Master

Operator and Master



And if applicable:



At sea in case of a change to the ETA, i.e. modification of the forecast ETA in relation to the last forecast sent to the Operator by the Master during sea passage, greater than:

▪ 3 Hours for forecasts

of 7 days, 48 Hours

and 24 Hours before

arrival

▪ 1 Hour for a forecast

of 6 Hours before

arrival

Update of the Vessel's position and its new ETA, reason for the change

Master and Shipper Operator

At any time Any event affecting the Shipper, the Vessel or the Operator, their equipment or all or part of the Cargo that may affect the safety of operations or their smooth running

Operator, Shipper or Master

Operator, Shipper and Master

At any time Any other information that is missing or necessary for ensuring the smooth operation of the Port Call

Operator, Shipper or Master

Operator, Shipper and Master

Contract for Access to the Fos-Cavaou LNG Terminal - FCXXAAMM - Appendix 3 -

Vessel related Procedures - version dated April 1 2019

5.2 Avis d’Arrivée / Notice of Arrival

NAVIRE/VESSEL

CARGAISON N° / CARGO #

DATE (JJ/MM/AA) / DATE (DD/MM/YY): HEURE / TIME (hh:mm):

EMETTEUR (Navire) / FROM (Vessel):

DESTINATAIRE / TO: Terminal Méthanier de Fos Cavaou/ LNG Terminal of Fos Cavaou

COPIE / COPY TO:

En accord avec l’article 3 de l’Annexe 3 du Contrat, nous vous informons que :

o le Navire a rejoint la Zone d’Embarquement du Pilote, o le Navire a réuni de la part des Autorités Portuaires du GPMM toutes les autorisations nécessaires pour

pénétrer dans le port et venir s'amarrer au quai du Terminal, o le Navire a réuni de la part de son Armateur et de l’Expéditeur toutes les autorisations nécessaires pour

effectuer le Déchargement ou le Rechargement, o le Navire a reçu de la part de l’Operateur une Plage d’Arrivée Ajustée le cas échéant, o le Navire est prêt à accoster, le Capitaine ayant commandé les Services Portuaires nécessaires à la mise

à quai.

Restrictions connues empêchant le Navire de respecter la Durée d’Escale (à compléter le cas échéant par le Capitaine) :

In accordance with article 3 of appendix 3 of the Contract, we hereby inform you that the Vessel:

− reached the Pilot Boarding Station of the Port Autonome de Marseille-Fos, and − gathered from the GPMM's Port Authorities all necessary authorisations to enter the port and come to berth in the

Terminal, − gathered from its Owner and Shipper all necessary authorisations to carry out the Cargo's Unloading or Reloading, − received from the Operator an Adjusted Arrival Slot, if applicable, − is ready to berth after the Master has ordered all the Port Services required for berthing.

Known restrictions preventing the Vessel from complying with the Port Call Duration (to be completed by the Master, if applicable):

Nous vous informons que les principales caractéristiques thermodynamiques de la Cargaison pour chacune des cuves du Navire sont les suivantes. We hereby inform you that the main thermodynamic characteristics of the Cargo are the followings for each of the Vessel's tanks.

N° cuve Tank #

Température moyenne du GNL

LNG average temperature (°C)

Température de la phase gaz

Gas phase temperature (°C)

Pression de la phase gaz Gas phase pressure

(mbar abs)

Volume GNL

LNG quantity

(m3 LNG)

1

2

3

4

5

6

Le Capitaine du Navire Vessel Master

Accusé de réception de l’Opérateur Acknowledgement of receipt by the Operator



5.3 Relevé d’Opérations / Time sheet

At the beginning of the Port Call, the Operator shall provide a Time Sheet that includes at least the following information:

NAVIRE / VESSEL DATE / DATE

CARGAISON N° / CARGO # ESCALE PRECEDENTE LAST PORT OF CALL

ORDRE DU JOUR DE LA REUNION PREALABLE /PRELIMINARY MEETING AGENDA

DESCRIPTION DE L’OPERATION / OPERATION DESCRIPTION REMARQUES / COMMENTS HEURE / TIME

(hh:mm)

A Avis d’Arrivée envoyé / Notice of arrival sent

B Réception de l’Avis d’Arrivée par l’Opérateur une fois pilote à bord / Notice of Arrival received by the Operator once pilot on board

C Bord à quai / Side alongside Bâbord à quai / Port side

Tribord à Quai / Starboard side

D 1ère amarre à terre / First line ashore

E Fin d’amarrage / All fast

F Accès à bord établi / Ship/shore access fitted

G Réunion Préalable / Preliminary Meeting

Début / start

Fin / end

H Branchement liaison terre-Navire

Ship-shore link connected

Liaison PYLE / PYLE link

Liaison Optique / Optical link

I Test des communications / Communication tests

J Test de l’arrêt d’urgence Navire à chaud / Warm ESD test

K Bras de transfert connectés et utilisés

Transfer arms connected and used

L Test d’étanchéité et purge

Tightness test and purging

Oui / YES

Non / NO

M Les paramètres du transfert sont détaillés dans le Relevé d’Opérations pour chaque Escale, en fonction du Terminal, du Navire et des conditions opérationnelles ; il s’agit par exemple de la quantité à transférer, de la pression des cuves du Navire, des réservoirs du Terminal impliqués dans le transfert, du débit de mise en froid des bras, du débit des pompes, etc.

The transfer parameters are detailed in the Time Sheet specific to each call, depending on the Terminal, of the Vessel and of the operational conditions, such as the quantity to be transferred, the Vessel's tank pressure, the Terminal tanks involved in the cargo transfer, the arms cooling down rate, the pump flow rate, etc.

N Reconnaissance initiale de Cargaison

Cargo initial inspection

Début / start

Fin / end

O Signature de la Liste de Contrôle Terre-Navire

Signature of the Ship-Shore Checklist

P Mise en froid des collecteurs du Navire

Cooling down of deck piping

Début / start

Fin / end

Q Début de la mise en froid des bras

Starting of arms cooling down

R Fin de la mise en froid des bras et début du transfert

Ending of arms cooling down and starting of LNG transfer

Visa Réunion Préalable / Preliminary Meeting validation


L’Opérateur The Operator



ORDRE DU JOUR DE LA REUNION DE CLOTURE / CLOSING MEETING AGENDA

DESCRIPTION DE L’OPERATION / OPERATION DESCRIPTION REMARQUES / COMMENTS HEURE / TIME

(hh:mm)

S Pompes disponibles en service Available pumps running

V Début de la descente en débit

Start of ramp-down

W Fin du transfert

End of LNG transfer

X Vidange, purge et, le cas échéant, réchauffage des bras

Draining, purge and, if necessary, warming up of arms

Début / start

Fin / end

Y Reconnaissance finale de Cargaison

Cargo final inspection

Début / start

Fin / end

Z Fin de déconnexion des bras liquide

Liquid arms disconnected

AA Fin de déconnexion du bras gaz

Vapour arm disconnected

BB Appareillage programmé / Sailing scheduled

CC Avitaillement

Ship stores

Début / start

Fin / end

DD Soutage

Bunkering

Début / start

Fin / end

EE Autres (début et fin) / Other (start and end)

-

-

FF Observations, en particulier : tout événement ayant eu un impact sur la Durée d’Escale (début et fin)

Comments, in particular any event impacting the Call duration (start and end)

Visa réunion de clôture / Closing meeting validation


L’Opérateur The Operator



6 GENERAL RULES FOR BUNKERING

The following rules apply for carrying out Bunkering operations during the Port Call.

The request for such operations shall be done by using the below form (see also article 3.6 of this appendix).




Contract for Access to the Fos-Cavaou LNG Terminal – FCXXXMMAA – Appendix 4 – page 1/8 Measuring, counting and quality procedures - version dated 1 April 2019

APPENDIX 4

MEASURING, COUNTING AND QUALITY PROCEDURES

English translation for information.

Disclaimer




1 METHOLOGIE OF THE MEASUREMENTS TAKEN IN THE LOADING PORT

At the Operator's request, the Shipper shall provide it with the following information:

▪ detailed description of the LNG offtake and vaporisation method and characteristics of the equipment used,

▪ detailed description of the chromatographic method used to analyse the LNG's main components (hydrocarbons and nitrogen), including the calibration and characteristics of the equipment used,

▪ detailed description of the chromatographic method used to analyse the LNG's sulphur-based components (H2S, COS, mercaptans, total sulphur), including the calibration and characteristics of the equipment used,

▪ detailed description of the method used to detect mercury in the LNG, including the calibration and characteristics of the equipment used,

▪ detailed description of the method used to detect oxygen in the LNG, including the calibration and characteristics of the equipment used,

▪ traceability of reference standard products used for the measurements, with certificates.

2 MEASUREMENTS TAKEN ON THE CARGO AT THE TERMINAL

2.1 Cargo inspection operations

Two Cargo inspection operations are carried out on board the Vessel, respectively before and after the Cargo Transfer:

▪ Cargo inspection before Cargo Transfer takes place after preparing the Checklist and before the gas and liquid cross-

feed valves are opened;

▪ Cargo inspection after Cargo Transfer takes place after the liquid manifold and cross-feed valves are drained and the

gas and liquid cross-feed valves are closed.

If the piping filling state is different before and after Cargo Transfer, the corresponding variation in Cargo volume must be taken into account when calculating the Quantity Unloaded or Reloaded. For this purpose, the Shipper shall provide the Operator with a calculation of the manifold volumes that it intends to use and the procedure for cooling and draining these manifolds.

If the Shipper operates the Vessel's machinery using gas when it is connected to the gas arm, the energy consumed is then either determined by the gas meter of the Vessel's machinery if applicable, or by a set quantity of 0.10% of gas taken off the Quantity Unloaded or Reloaded non corrected of the energy quantity returned on a gaseous form (return gas) :

Qmach = 0.001 * V * d * Hm

This set quantity of gas taken off is also applied in event of a failure or a dysfunction of the existing meter, or in the absence of statement of indexes of the gas meter during the Cargo measurement.

2.2 Gauging and calculation of the volume of LNG unloaded or reloaded

The gauging procedures must comply with the recommendations of the current version of the LNG Custody Transfer Handbook of the International Group of Liquefied Natural Gas Importers (GIIGNL). The primary and secondary measuring systems are of capacity, float and/or microwave type; they must comply with standard ISO 18132.

The LNG volume unloaded or reloaded, expressed in cubic metres, is determined by the difference between the volumes of LNG contained in the Vessel's tanks before and after the Unloading or Reloading operations. Each of the Vessel's tanks must be equipped with two gauging systems, a main system dedicated to Cargo inspection operations and an emergency system. The maximum permissible error in the primary and secondary gauging systems must not exceed plus or minus 5 mm. The primary and secondary gauging systems must be identified during the Cargo inspection before the Unloading or Reloading operations without modification during these operations. In the event of failure of the main gauging system, the emergency system is used; if its maximum permissible error exceeds plus or minus 5 mm, particularly on an old Vessel, the Shipper and the Operator shall mutually agree on a maximum permissible error greater than +/- 5 mm.

The total uncertainty in measuring the LNG volume unloaded or reloaded as a result of the gauging system measurement uncertainty, gauge tables and correction tables associated with each of the Vessel's tanks must be less than 0.3%, in accordance with Council Directive 71/349/EEC of 12 October 1971 transposed into French law.

In case the Vessel’s cargo lines used for the Cargo Transfer have not the same filling state during gauging before and after Cargo Transfer:

▪ if the Vessel’s cargo lines are full before Cargo Transfer and empty after Cargo Transfer, the volume of LNG measured before Cargo Transfer is increased by the volume of the cargo lines;

▪ if the Vessel’s cargo lines are empty before Cargo Transfer and full after Cargo Transfer, the volume of LNG measured after Cargo Transfer is increased by the volume of the cargo lines.

The volume of the cargo lines is usually provided by the Vessel’s tables: this value is used to increase the volume measured



in the tanks. If the volume of the cargo lines is unknown or if the Vessel is not able to provide the relevant tables, a fixed increase of 75 m3 of LNG is applied.

2.3 Determining the LNG temperature and the gas phase temperature

Each of the Vessel's tanks must be equipped with temperature sensors placed in such a way that at all times at least one sensor is located in the liquid and one in the gas phase, with the other sensors distributed at regular intervals from the top to the bottom of the tank. The temperature of the LNG before the Unloading or Reloading operations is determined by calculating the arithmetic mean of the measurements from the temperature sensors immersed in the liquid. The temperature of the gas phase after the Unloading or Reloading operations is determined by calculating the arithmetic mean of the measurements from the temperature sensors located above the liquid phase. The overall temperature measurement error, including the temperature measurement system element errors, must not exceed the values in the following table in accordance with standard ISO 8310.

overall error of the measuring system

Liquid phase – LNG ± 0.2 °C

Gas phase ± 1.5 °C

2.4 Determining the pressure in the vessel's tanks

The measuring procedures must comply with the recommendations of the current version of the GIIGNL LNG Custody Transfer Handbook.

Each of the Vessel's tanks must be equipped with at least one pressure sensor in contact with the gas phase. The average pressure in the tanks is determined before and after the Unloading or Reloading operations as the arithmetic mean of the measurements read in each tank. The maximum permissible error of the absolute pressure measuring system must not exceed

10 mbar or 1% of the measurement scale ranging from 800 mbar to 1,400 mbar.

3 MEASUREMENTS TAKEN AT THE TERMINAL

3.1 LNG sampling and return gas offtake

LNG in-line sampling: The Operator uses a so-called "in line" discontinuous sampling method, as defined in the LNG European standard EN 12838 and standard ISO 8943 of 2007, that involves:

▪ continuously collecting and vaporising the LNG during nominal Unloading or Reloading operating conditions (i.e. not including the start and end of Unloading or Reloading); collection is performed by means of an isolated Pitot tube (by maintaining it under vacuum conditions or by re-circulating LNG) located in the centre of the unloading pipe, after the unloading arms; the transfer line, which complies with standard ISO 8943, maintains the LNG sub-cooled until it is vaporised in an electric vaporiser, by Joule effect, at regulated temperature;

▪ transferring the vaporised gas at stabilised pressure and flow rate to a chromatograph via suitable and identified piping;

▪ and carrying out chromatographical analyses at regular intervals (at least three times an hour).

LNG cylinder sampling: In parallel with in-line sampling, LNG in the gaseous state may be sampled periodically using sampling cylinders. The systems for collecting and transferring the evaporated gas to the sampling cylinders are the same as for in-line sampling. For each Unloading or Reloading, three samples (one for the Shipper, one for the Operator and one for an independent laboratory) are sampled simultaneously and in parallel in cylinders when half of the Unloading or Reloading has been performed, and kept sealed by the Operator for two weeks after the Unloading or the Reloading. The cylinder samples are only analysed at the Shipper's explicit request and this only applies to the measurement of the main components.

If the Cargo Transfer is a Specific Service (gassing up, cooling down) or consists in a specific operation such as the Unloading or the Reloading of a heel of a limited quantity of LNG, there is no LNG cylinder sampling except in case of express request from the Shipper.

Return gas offtake: The return gas sent back by the Terminal to the Vessel or by the Vessel to the Terminal is collected directly in the return gas pipe with a so-called "in-line" discontinuous sampling method, during the nominal Unloading or Reloading operating conditions (i.e. not including the start and end of Reloading or Unloading); it is transferred to a chromatograph for analysis at regular intervals (at least three times an hour).

If the LNG sampling line (vaporiser and sampling rod) is out of service making the analysis impossible, the Shipper and the Operator shall mutually agree on a method to estimate the unloaded or reloaded LNG, e.g.:



• LNG ageing study (in the case of Unloading)

• compositional average of the last 3 Cargos of the same LNG delivered previously.

In the event of a failure of the return gas sampling line or the chromatograph dedicated to the analysis results of this gas return, the Shipper and the Operator jointly agree to use the empirical method recommended by the current version of the LNG Custody Transfer Handbook from GIIGNL in order to determine the average molar composition of the return gas.

3.2 Analysis of the components, fitting and checking of the chromatographs

3.2.1 Analysis of the main components of the LNG and the return gas

The main components of the LNG and the return gas are analysed by gas chromatography in accordance with standard ISO 6974 (part 5). An analysis is performed at least three times an hour and the analysis results are validated and standardised. The composition of the LNG and the return gas is determined, for each component, as the arithmetic mean of the analysis results obtained under nominal Unloading or Reloading operating conditions (i.e. not including the start and end of Unloading or Reloading operations).

If the chromatograph is out of service or drifts after the first third of the Unloading or Reloading operations under steady-state operating conditions, the chromatographic analysis carried out during this first third shall be used for the Cargo inspection.

If the chromatograph is out of service during the first third of the Unloading or Reloading operations under steady-state operating conditions, three (3) samples in cylinders with a double ogive shall be taken in parallel at regular intervals; a cylinder of each of the samples shall then be chromatographically analysed as soon as the chromatograph is operational again and fit in accordance with the procedures in force.

3.2.2 Calibration and fitting of the chromatographs for analysing the main components

Outside the Unloading or Reloading phases, the chromatographs are permanently swept with vector gas. The gas chromatograph is calibrated by carrying out at least five consecutive analyses with a reference gas that complies with the current standard ISO 6141, the last three analyses being kept to determine the area of the peaks of each component of this gas. This calibration is performed every year, or following a check that revealed a non-conformity, or after a maintenance action that required the instrument to be stopped. The chromatographs are checked with a working gas produced from the gas regularly received at the Terminal, at least once a quarter.

3.2.3 Analysis of trace elements

Sulphur-based compounds are analysed according to standard ISO 19739 and mercury according to part II of standard ISO 6978. The methods described in these standards may be adapted according to the measuring instruments available and the recommendations of the suppliers of such instruments.

When equipment checking for trace elements contained in the LNG is faulty after the first third of the Unloading or the Reloading operations under steady-state operating conditions, the analyses carried out during this first third will be the ones used for the Cargo inspection.

If the equipment checking for trace elements is out of service during the first third of the Unloading or Reloading operations under steady-state operating conditions:

▪ In the case of Unloading, the values retained are the ones obtained during the latest unloading of the same LNG

carried out at the Terminal or those obtained during Loading if this is the first delivery,

▪ In the case of Reloading, the values retained are the weighted average of the values of the unloaded LNG used for

the Reloading.

3.3 Determination of the Gross Calorific Value (GCV), Wobbe Index and density

The GCV and Wobbe Index on a volumetric basis are established for a real gas according to the method recommended by the current standard ISO 6976, the reference conditions of which are as follows:

▪ volumetric measuring conditions: 0 °C and 1.01325 bar absolute (so-called "normal" conditions);

▪ combustion conditions: 0 °C and 1.01325 bar absolute.

The GCV calculations on a mass basis are established according to the same method and under the same reference combustion conditions.

The LNG density is calculated according to the revised Klosek McKinley method (published in December 1980 in Technical note 1030 – National Bureau of Standards and described in the GIIGNL LNG Custody Transfer Handbook), taking into account:

▪ the mean temperature of the unloaded or reloaded LNG,

▪ the LNG mean composition determined during the Unloading or Reloading operations,

▪ the molar mass of each component as defined in the current standard ISO 6976,

▪ the molar volume of each component and the correction factors K1 and K2 as described in Technical note 1030 – National Bureau of Standards, published in December 1980.



4 Units and ROUND-OFFS

4.1 Units and round-offs

The calculations and associated round offs are performed in International Units as defined in the standard ISO 8000-1. The calculation methods for the transferred energy and the round-off rules are described in a technical note published on the Operator's website.

The following table shows the round-offs to be applied to the calculation results that are displayed in the certificates (see Paragraph 4.3):

Variable Unit Round-off

Volume (except for gross and net LNG) m³ (cubic metre) 0.001

Gross and net LNG volume m³ (cubic metre) 0.1

LNG and gas return temperature °C (degree Celsius) 0.1

Pressure in the Vessel's tanks mbar (millibar) 1

LNG and gas return composition mole % 0.001

Mass of LNG Kg (kilogram) 0.1

Mass GCV MJ/kg (Megajoule per kilogram) or kWh/kg (kilowatt-hour per kilogram)

0.01

Volumetric GCV MJ/m³ (Megajoule per cubic metre) or kWh/m³ (kilowatt-hour per cubic metre)

0.01

Wobbe Index MJ/m³ (Megajoule per cubic metre) or kWh/m³ (kilowatt-hour per cubic metre)

0.01

Density kg/m³ (kilogram per cubic metre) 0.1

Quantity of energy returned to the Vessel or to the Terminal Qr

MJ (Megajoule) or kWh (kilowatt-hour)

1

Quantity of energy MJ (Megajoule) or kWh (kilowatt-hour)

1

Any quantity of energy expressed in MWh (Megawatt-hour) is rounded off to three (3) significant decimals according to the rules described below.

Any quantity of energy expressed in kWh (kilowatt-hour) is rounded off to zero (0) significant decimals according to the following rules:

▪ an insignificant decimal equal to zero (0), one (1), two (2), three (3) or four (4) does not increment the significant decimal;

▪ an insignificant decimal equal to five (5), six (6), seven (7), eight (8) or nine (9) increments the significant decimal.

In the event of dispute, the quantity of energy expressed in MWh (Megawatt-hour) prevails.

4.2 Unit conversion

A quantity of energy expressed in kWh (kilowatt-hour) at 25 °C (GCV) is converted into a quantity of energy expressed in MWh (Megawatt-hour) at 0 °C GCV by multiplying this quantity of energy by one point zero zero two six (1.0026), in accordance with the recommendations of standard NF ISO 13443, and by dividing the product of this multiplication by one thousand (1,000).

A quantity of energy expressed in MWh (Megawatt-hour) at 0 °C GCV is converted into a quantity of energy expressed in kWh (kilowatt-hour) at 25 °C GCV by multiplying this quantity of energy by one thousand (1,000) and by dividing the product of this multiplication by one point zero zero two six (1.0026), in accordance with the recommendations of standard NF ISO 13443.



A quantity of energy expressed in Wh (Watt-hour) is converted into a quantity of energy expressed in J (joule) by multiplying this quantity of energy by 3,600.

A quantity of energy expressed in Btu (British Thermal Unit) is converted into a quantity of energy expressed in J (joule) by multiplying this quantity of energy by 1,055.056.

4.3 Cargo report and certificates

4.3.1 Loading Certificate

The Loading Certificate indicates:

▪ the Shipper's name;

▪ the Vessel's name;

▪ the voyage number;

▪ the name of the Loading Port (and the name of the berth if necessary);

▪ the Loading date;

▪ the LNG destination;

▪ the Cargo reference number;

▪ the mean composition of the loaded LNG in mole % and its impurity content:

- total sulphur in mg(S)/m³(n),

- sulphur in the H2S in mg(S)/m³(n),

- sulphur in H2S+COS in mg(S)/m³(n),

- mercaptans in mg(S)/m³(n),

- carbon dioxide in ppmm,

- mercury in ng/m³(n),

- the oxygen content in ppmv,

- the hydrocarbon dew point temperature in degree Celsius,

▪ the total volume before and after Loading;

▪ the mean temperature of the loaded LNG;

▪ the tank pressure after Loading.

4.3.2 Cargo Report

After an Unloading or a Reloading, a Cargo Report shall be drawn up by the Operator and sent to the Shipper. One single original report is issued.






Contract for Access to the Fos-Cavaou LNG Terminal FCXXXX page 1/8 Appendix 5 - Price and Value of the Rate Terms – version dated 1 April 2019

APPENDIX 5

PRICE AND VALUE OF THE RATE TERMS


Disclaimer




The rate terms of this appendix are defined in accordance with the provisions of the French Energy Regulation Commission's (CRE) decision of 15 November 2018 concerning the tariff for using regulated LNG terminals, deciding on the upgrading on 1 April 2019 of the tariff for using regulated LNG terminals.

1 DEFINITIONS

The definitions below supplement the definitions set out in the General Terms and Conditions of the Contract.

Fixed LNG Stock Transfer Rate (TFTS): fixed price for subscription to the LNG Stock Transfer service, in accordance with Paragraph 8.3 of the General Terms and Conditions and Article 3 of this Appendix, expressed in euros per month and defined in Article 4 of this Appendix.

Fixed Reloading Rate (TFR): fixed price applied to each Reloading, expressed in euros per Reloading defined in Article 4 of this Appendix.

Gas in Kind Rate (TN): share of the Unloaded Quantities withdrawn by the Operator to cover the Terminal's gas consumption, defined in Article 4 of this Appendix.

Micro Methane Vessel Fixed Reloading Rate (TFRMM): fixed price applied to each Micro Methane Vessel Reloading, expressed in euros per Reloading defined in Article 4 of this Appendix.

Micro Methane Vessel Reloaded Quantity Rate (TQRMM): fixed price applied to the number of Quantities Reloaded from micro methane vessels expressed in euros per MWh and defined in Article 4 of this Appendix.

Number of Berthings Rate (TNA): fixed price applied to the number of Unloadings or Reloadings expressed in euros per Unloading or Reloading and defined in Article 4 of this Appendix.

Number of Micro Methane Vessel Berthings Rate (TNAMM): fixed price applied to the number of Unloadings or Reloadings of micro methane vessels expressed in euros per Unloading or Reloading of micro methane vessels and defined in Article 4 of this Appendix.

Number of Reloadings (NR): total number of Reloadings that the Shipper has performed over a certain period.

Number of Unloadings (ND): total number of Unloadings that the Shipper has performed over a certain period.

Proportional LNG Stock Transfer Rate (TPTS): fixed price applied to the LNG Stock Transfer Quantities delivered or received in accordance with Paragraph 8.3 of the General Terms and Conditions and Article 3 of this Appendix, expressed in euros per MWh and defined in Article 4 of this Appendix.

Reloaded Quantity Rate (TQR): unit price applied to the Reloaded Quantities, in accordance with Articles 2 and 3 of this Appendix, expressed in euros per MWh and defined in Article 4 of the Appendix.

Stored Quantity Rate (TQS): fixed price applied to the Monthly Storage Space, in accordance with Paragraph 8.2.2 of the General Terms and Conditions and Article 3 of this Appendix, expressed in euros per MWh and defined in Article 4 of this Appendix.

Uniform Send-Out Option Rate (TB): fixed price applied to the Quantities covered in Uniform Send-Out Option, in accordance with Paragraph 6.2 of the General Terms and Conditions and Articles 2 and 3 of this Appendix, expressed in euros per MWh and defined in Article 4 of this Appendix.

Unloaded Quantity Rate (TQD): fixed price applied to the Unloaded Quantities, in accordance with Articles 2 and 3 of this Appendix, expressed in euros per MWh and defined in Article 4 of the Appendix.



2 SHIPPER'S MINIMUM PAYMENT OBLIGATIONS

The Shipper's minimum payment obligation concerns each of the rates that make up its Subscription as defined in Appendix 1 of its Contract

2.1 Unloading minimum payment obligation

2.1.1 Contractual Number of Unloadings minimum payment obligation

The minimum payment obligation relating to the Contractual Number of Unloadings (NDC) for a given Invoicing Period is equal to:

o PNDPF = NDC x TNA euros

If, in an Invoicing Period, the TNA rate changes, the minimum payment obligation is established by replacing the TNA with the weighted average from the number of Months of values of this rate over the Invoicing Period.

If during an Invoicing Period, the value of the Shipper's NDC changes, the minimum payment obligation is calculated by applying the TNA in effect on the given Month of said change.

If the Unloading concerns a micro methane Vessel (volume less than 20,000 m3), the TNA rate is replaced by the TNAMM rate.

In the event of using a Shared Cargo Service, the minimum payment obligation for each Shipper is equal to the division of the Number of Berthings Rate (TNA) by the number n of Shippers that have subscribed to Regasification capacities under the Unloading:

o PNDPCPF = TNA / n

2.1.2 Contractual Unloaded Quantity minimum payment obligation

The minimum payment obligation relating to the Contractual Unloaded Quantity over a given Invoicing Period is equal to:

o PQDPF = QDC x TQD euros

If, in an Invoicing Period, the TQD rate changes, the minimum payment obligation is established by replacing the TQD with the weighted average from the number of Months of values of this rate over the Invoicing Period.

If during an Invoicing Period, the value of the Shipper's QDC changes, the minimum payment obligation is calculated by applying the TQD in effect on the given Month of said change.

In the case of Shipper that has subscribed to the SMART service, if the increase in the QDC is associated with the increase in the NDC and is reserved after the 20th of M-1 for Month M, the TQD Rate taken into account will be that of the SPOT service.

In the event of using a Shared Cargo Service, minimum payment obligation for each Shipper is equal to the product of the Shipper's share (%PC), the quantity subscribed to by all shippers for the Unloading (QDCPC) and the Unloaded Quantity Rate (TQD):

o PQDPCPF = %PC x QDCPC x TQD euros

2.2 Reloading minimum payment obligation

2.2.1 Contractual Number of Reloadings minimum payment obligation

The minimum payment obligation relating to the Number of Contractual Reloadings for a given Month is equal to:

o PNRPM = NRC x (TFR + TNA) euros

The TFR and TNA rates taken into account are those in use for the given Month.

If the Reloading operation concerns a micro methane Vessel (volume less than 20,000 m3), the TFR and TNA rates are replaced by the TFRMM rate.

2.2.2 Contractual Reloaded Quantity minimum payment obligation

The minimum payment obligation relating to the Contractual Reloaded Quantity for a given Month is equal to:



o PQRPM = QRC x TQR euros

The TQR rate taken into account is the one in use for the given Month.

If the Reloading operation concerns a micro methane Vessel (volume less than 20,000 m3), the TQR rate is replaced by the TQRMM rate.

The QRC quantity is the maximum of the following two (2) quantities:

o the quantity programmed by the Operator on reserving the Reloading by the Shipper,

o the quantity programmed by the Operator on notification of the Reloading in the Shipper's Monthly

Schedule.

2.3 Uniform Send-Out Option minimum payment obligation

The minimum payment obligation relating to the Uniform Send-Out Option for a given month is equal to:

o PQBPM = QBPM * TB euros

The TB rate taken into account is the one in use for the given Month.

The QB quantity is the maximum of the following two (2) quantities:

o the quantity programmed by the Operator on subscription to the Uniform Send-Out Option by the

Shipper

o the quantity programmed by the Operator on notification of the Shipper's Monthly Schedule.



3 PRICES

3.1 Price proportional to the Unloaded Quantity

For each Month M, the price PQDM, is equal to:

o PQDM = 1/12 x PQDPF if QDM is lower than or equal to QDADPM;

Or

o PQDM = 1/12 x PQDPF + (QDM - QDADPM) x TQD euros if QDM is higher than QDADPM

Where:

• QDM, sum of the Quantities Unloaded in Month M with the exclusion of the Unloaded Quantities subscribed

to under the Pooling Service and/or use of the Subscription Account

• QDADPM, sum of the quantities scheduled to be unloaded in Month M as defined in the Shipper's last Annual

Programme in use

• PQDPF, price proportional to the Shipper's QDC, as defined on the date of notification of the Annual

Programme by the Operator to the Shipper, calculated in accordance with paragraph 2.1.2 of this

appendix.

3.2 Price proportional to the Reloaded Quantity

For each Month M, the PQRM price, proportional to the Reloaded Quantity, is equal to the product of QR M, which is the combined total of the Unloaded Quantities over the Month at the Terminal, multiplied by the TQR:

o PQRM = QRM x TQR euros

The price used will be the maximum between the Shipper's minimum payment obligation (PQRPM) and the price calculated above (PQRM).

If the Reloading operation concerns a micro methane Vessel (volume less than 20,000 m3), the TQR rate is replaced by the TQRMM rate.

o PQRM = QRM x TQRMM euros

3.3 Price proportional to the Number of Unloadings

For each Month M, the price PNDM, is equal to:

o PNDM = 1/12 x PNDPF if NDM is lower than or equal to NDADPM;

Or

o PNDM = 1/12 x PNDPF + (NDM - NDADPM) x TNA euros if NDM is higher than NDADPM

Where:

• NDM, Number of Unloading(s) in Month M with the exclusion of the Unloadings subscribed to under the

Pooling Service and/or use of the Subscription Account

• NDADPM, Number of Unloading(s) scheduled for Month M as defined in the Shipper's last Annual Programme

in use

• PNDPF, price proportional to the Shipper's NDC, as defined on the date of notification of the Annual

Programme by the Operator to the Shipper and calculated in accordance with paragraph 2.1.2 of this

appendix.

If the Unloading operation concerns a micro methane Vessel (volume less than 20,000 m3), the TNA rate is replaced by the TNAMM rate.

o PNDM= NDM x TNAMM euros



3.4 Price proportional to the Number of Reloadings

For each Month M, the PNRM price, proportional to the Number of Reloadings, is equal to the product of NRM, Number of Reloadings performed over the Month at the Terminal, multiplied by the sum of TFR and TNA:

o PNRM = NRM x (TFR + TNA) euros

The price used will be the maximum between the Shipper's minimum payment obligation (PNRPM) and the price calculated above (PNRM).

If the Reloading operation concerns a micro methane Vessel (volume less than 20,000 m3), the TFR and TNA rates are replaced by the TFRMM rate.

o PNRM = NRM x TFRMM euros

3.5 Monthly Storage Space

This rate only applies to the Shipper allocated a Monthly Storage Space.

For each Month M, the price PESM of allocation of a Monthly Storage Space is equal to the product of Dd (number of subscription months), by ESM (Monthly Storage Space) by TQS (Stored Quantity Rate):

o PESM = TQS x ESM x Dd euros

3.6 LNG stock transfer

This rate only applies to Shippers that have subscribed to the LNG Stock Transfer service.

For each Month M, the PTSM price for use of the LNG Stock Transfer service is equal to the sum of TFTS, and the product of TPTS multiplied by QTSM, which are the LNG Stock Transfer Quantities delivered or received over this month:

o PTSM=TFTS + TPTS x QTSM euros

3.7 Pooling Service

This rate applies to Shippers that have used the Pooling Service.

For a given Month M, the price of the Pooling Service PPOOLM it equal to:

o PPOOLM = (SM - C) + 0.1 x C

o C: pooling credit, expressed in euros, of the Shipper, the value of which is only confirmed at the

end of the given Month

o SM: price applicable to the subscription without pooling.

Knowing that the price of the Pooling Service PPOOLM cannot be lower than the maximum between the number of Number of Berthings Rate (TNA) and ten (10) per cent of the subscription price without use of the Pooling Service (SM).

The price applicable to the subscription without use of the Pooling Service (SM) is determined as the maximum between the additional quantity programmed by the Operator on notification of the Monthly Schedule to the Shipper and the additional quantity unloaded above the Shipper's QDC for the given Month.

3.8 Cargo Sharing Service

For a given month, for the Unloading concerned, the unit price used for each shipper concerning the Number of Unloadings is equal to the division of the Number of Berthings Rate (TNA) by the number n of shippers that have subscribed to Regasification capacities under the Unloading:

o PNDPCM = TNA / n

For a given month, for the Unloading concerned, the price proportional to the Quantity Unloaded used for each shipper is equal to the product of the Shipper's share (%PC), the Quantity Unloaded by all shippers for the Unloading (QDCPCM) and the Unloaded Quantity Rate (TQD):

o PQDPCM = %PC x QDCPCM x TQD euros



The price used for each Shipper will be the maximum between the Shipper's minimum payment obligation (PQDPCPF) and the price calculated above (PQDPCM).


For each Month M during which the Shipper is allocated the Uniform Send-Out Option, the price of the Uniform Send-Out Option, PQBM, is equal to the product of the TB rate of the Uniform Send-Out Option by the quantity QBM that is the subject of the Uniform Send-Out Option.

o PQBM = QBM * TB euros

The price used will be the maximum between the Shipper's minimum payment obligation (PQBPM) and the price calculated above (PQBM).



4 VALUE OF THE RATE TERMS

TNA (Number of Berthings Rate)

€100,000/berthing

TQD (Unloaded Quantity Rate)

SMART: €1.289/MWh unloaded (*) SPOT: €0.966/MWh unloaded (*)

TN (Gas in Kind Rate)

0.2 %

TQR (Reloaded Quantity Rate) €0.32/MWh Reloaded

TFR (Fixed Reloading Rate) €120,000/Reloading

TFTS (Fixed Stock Transfer Rate)

€500/Month

TPTS (Proportional LNG Stock Transfer Rate)

€0.01/MWh

TQS (Stored Quantity Rate) €1/MWh/month

TB (Uniform Send-Out Option Rate)

€0.07/MWh

TNAMM (Micro Methane Vessel Berthings Rate) €50,000/berthing

TFRMM (Micro Methane Vessel Fixed Reloading Rate)

€50,000/operation

TQRMM (Micro Methane Vessel Reloading Quantity Rate)

€0.5/MWh Reloaded

(*) The conditions for applying these rates are explained in the CRE's decision of 15 November 2018 mentioned above.


Contract for Access to the Fos-Cavaou LNG Terminal FCXX page 1/4 Appendix 6 - Calculation Terms and Conditions for Reference Send-Out – version dated 1 April 2019

APPENDIX 6

CALCULATION TERMS AND CONDITIONS FOR REFERENCE SEND-OUT


Disclaimer




1 CALCULATION TERMS AND CONDITIONS FOR REFERENCE SENT-OUT FOR SHIPPERS SENT-OUT ACCORDING TO THE SMART RULES

1.1 Reference Shared Stock Levels of Shippers sent-out according to the SMART rules

The Operator uses the Shipper's Monthly Schedules in Month M-1 as a basis to establish the best estimate of the Shared Stock for Shippers sent-out according to the SMART rules for the first Day of Month M.

The final sum of the Reference Shared Stock Levels on the last Day of Month M shall be determined by the calculation alone, within the limits of a time frame established by the Operator that is as long as possible and compatible with the rest of the Annual Schedule.

1.2 Reference Send-Out for all Shippers sent-out according to the SMART rules

The Operator defines the Reference Send-Out for all Shippers sent-out according to the SMART rules in accordance with the Monthly Unloading Schedule of all of the Shippers and taking into account the sum of their Reference Shared Stock Levels. The Reference Send-Out for all Shippers sent-out according to the SMART rules shall be determined by an optimisation calculation subject to constraints that has as its objective a Send-Out in stages that are as long as possible.

The Operator should ensure that this calculation guarantees that the Send-Out of the Shippers sent-out according to the SPOT rules does not disrupt by more than 35 GWh per Day the Reference Send-Out of all other Shippers for the Days prior to the Window of Arrival of the SPOT Cargo.

1.3 Reference Send-Out of the Shipper sent-out according to the SMART rules

The Reference Send-Out for all of the Shippers that are sent-out according to the SMART rules for a Month M shall be allocated among them proportionally using a Send-Out Ratio.

The Reference Send-Out of a Shipper that is sent-out according to the SMART rules shall be zero when the Reference Shared Stock Level is equal to the Overdraft Authorisation.

Send-Out Ratio of the Shipper sent-out according to the SMART rules:

The Send-Out Ratio of a Shipper sent-out according to the SMART rules is defined for Month M as being the ratio between:

o the sum of the quantities scheduled for Unloading by the Shipper in month M, after deduction of the quantities scheduled under the Uniform Send-Out Option and for Reloading, plus the difference between its Reference Shared Stock Level at the start and the end of Month M, on the one hand, and

o the sum of the quantities scheduled by all Shippers sent-out according to the SMART rules in month M, after deduction of the quantities scheduled under the Uniform Send-Out Option and for Reloading, plus the difference between its Reference Shared Stock Level at the start and the end of Month M, on the other hand.

Reference Shared Stock Level of the Shipper that has subscribed to SMART at the start and end of Month M:

The Operator shall use the best estimate of the Shared Stock Level of the Shipper sent-out according to the SMART rules at the end of Month M-1, without taking into account the Shared Stock Level related to quantity scheduled under the Uniform Send-Out Option in order to determine the Reference Stock Level at the start of Month M.

The Reference Shared Stock Level at the end of Month M is defined as follows:

QD * ETAM+1 / (ETAM+1 + NJM –ETAM)

Where:

o QD = Quantity Unloaded from the last Unloading in M, o ETAM last Vessel date Months M, the date is expressed as a number dd in the format dd/mm/yyyy o ETAM+1 first Vessel date Month M+1, the date is expressed as a number dd in the format dd/mm/yyyy o NJM number of Days in Month M.

The values of QD and ETAM come from the Shipper's Monthly Schedule Request and the value of ETAM+1 comes from the Shipper's Annual Schedule.

If no Unloading has been scheduled by the Shipper for Month M, then the value of the Reference Shared Stock Level at the end of Month M shall be equal to zero (0).

If no Unloading has been scheduled by the Shipper for Month M+1, then the value of ETAM+1 is equal to the number of Days in Month M+1.



1.4 Start of Reference Send-Out of the Shipper sent-out according to the SMART rules

By default, the Reference Send-Out of the Shipper will take place on the first day of Month M. However, if the Shipper has an Overdraft Authorisation for less than 300 GWh, and if its Send-Out Ratio in Month M-1 is zero, it shall be sent-out from the Day after its Window of Arrival. In this case, the Operator has the possibility, in order to minimise the impacts on the Send-Out of other Shippers, to bring forward the start of the Reference Send-Out by two (2) Days.

2 CALCULATION TERMS AND CONDITIONS FOR REFERENCE SEND-OUTS FOR SHIPPERS SEND-OUT ACCORDING TO THE SPOT RULES

2.1 Reference Send-Out for all of the Shippers sent-out according to the SPOT rules

The Operator defines the Reference Send-Out for the Shipper sent-out according to the SPOT rules by taking into account the request from the Shipper, subject to its impact on the Reference Send-Outs of the other Shippers not exceeding the threshold of 35 GWh per Day for the Days preceding the Window of Arrival of the Cargo.

2.2 Start of Reference Send-Out of the Shipper sent-out according to the SPOT rules

By default, the Reference Send-Out of the Shipper sent-out according to the SPOT rules will start on the Day after its Window of Arrival. However, the Operator has the possibility, in order to minimise the impacts on the Send-Outs of other Shippers, to bring forward the start of the Reference Send-Out by two (2) Days.

3 METHODS FOR CALCULATING THE REFERENCE SEND-OUT OF THE UNIFORM SEND-OUT OPTION OF THE SHIPPER

3.1 Reference Send-Out of the Uniform Send-Out Option of the Shipper

The Operator shall define the Reference Send-Out of the Uniform Send-Out Option of the Shipper as being equal for each Day to one nth of the quantity subscribed to in the Uniform Send-Out Option after the Send-Out volume defined in paragraph 12.5 of the General Terms and Conditions, (n) being the term of the Uniform Send-Out Option, expressed in Days, defined as between 20 and 40 Days and appearing in article 3 of the Specific Conditions.

3.2 Start of the Reference Send-Out of the Uniform Send-Out Option

In the case of a SMART Shipper, the Reference Send-Out of the Uniform Send-Out Option starts from the Day after its Window of Arrival. In the case of a SPOT Shipper, the Reference Send-Out of the Uniform Send-Out Option starts from the first Day of the Month after the Month of its Unloading date.

4 MODIFICATION OF THE REFERENCE SEND-OUT OF A SHIPPER THAT REQUESTS INTRA-MONTHLY SCHEDULING OR RESCHEDULING

4.1 Shipper that has subscribed to the SMART service

In the event of acceptance by the Operator of the request for reservation or the request for modification of the Window of Arrival and/or the Quantities Unloaded or Reloaded, the latter shall recalculate the Shipper's Reference Send-Out if necessary. To do this, the Operator shall try and smooth out the impact of change as much as possible over a period that starts on the Day of notification of the new Monthly Schedule for the Month concerned by the Operator and at the latest thirty (30) Days after the Day of the change.

The method used to smooth out the change is similar to that applied in paragraphs 1.1 and 1.2 of this appendix and must as far as possible leave the Send-Out and Stock Levels unchanged after the above-mentioned period.

4.2 Shipper that has subscribed to the SMART service and is a beneficiary of the Uniform Send-Out Option

In the event of acceptance by the Operator of the request for modification of the Window of Arrival and/or the Quantities Unloaded subscribed to in the Uniform Send-Out Option, the latter shall recalculate the Shipper's Reference Send-Out if necessary. The Operator shall no longer be obliged to guarantee a Reference Send-Out for the Strip Uniform Send-Out each Day equal to one nth of the quantity subscribed to in the Uniform Send-Out Option or a total period equal to n Days.

In the event of cancellation of the Quantities Unloaded subscribed to in the Uniform Send-Out Option by the Shipper, the Reference Send-Out of the Uniform Send-Out Option shall be zero.



4.3 Shipper that has subscribed to the SPOT service

In the event of acceptance by the Operator of the request for modification of the Window of Arrival and/or the Quantities Unloaded, the latter shall recalculate the Shipper's Reference Send-Out. The Operator shall no longer be obliged to guarantee a Reference Send-Out each Day as notified in its Monthly Schedule.


Contract for Access to the Fos-Cavaou LNG Terminal FCXX page 1/5 Appendix 7 - Negative Shared Stock Level and Offsetting Procedures - version dated 1 April 2019

ANNEX 7

NEGATIVE SHARED STOCK LEVEL AND OFFSETTING PROCEDURES


Disclaimer




1 PURPOSE

The purpose of this Appendix is to organise the Operator's implementation of the Negative Stock and Offsetting Guarantee and the terms and conditions that govern offsetting between the Shipper and the other Shippers.

2 OPERATOR'S ROLE

The Shipper shall appoint the Operator as its agent for the purposes of:

• Keeping its Shared Stock Level up to date;

• Calculating the Guarantee and the indemnities for negative stock and offsetting;

• Calculating the quantities of gas or the amounts that the Shipper Responsible owes to the Affected Shippers in accordance with the provisions of this Appendix, and communicate this information to the Shippers concerned;

• Retaining the security deposit and ensuring the validity of the guarantees set up pursuant to this Appendix;

• Implementing these guarantees or sending injunctions to pay in the cases provided for in this Appendix and indemnifying the Affected Shippers under the conditions provided for in this Appendix.

This mandate is a mutual-interest mandate and cannot be revoked by the Shipper without the agreement of the Operator.

It is expressly agreed that the Operator shall not be liable for the successful completion of offsetting in kind or financial offsetting of the quantities lacking. Under no circumstances shall the Operator be required to procure or sell gas, use transportation or storage services or personally pay any money to the Shipper under this Appendix. Within the scope of this Appendix, the Operator's liability shall in any case be limited to the amounts shown in the General Terms and Conditions in Appendix 2. The Shipper shall waive, and shall vouch for the waiver of by its insurers, the right to any recourse against the Operator if payments have been made by the latter in accordance with the provisions of this Appendix.

The Shipper shall reimburse the Operator, in proportion to its annual subscription, all the expenses that the latter will incur at the time of the services carried out pursuant to this Appendix.

By way of exception to the provisions of Article 25 of the General Terms and Conditions, the Shipper shall expressly authorise the Operator to disclose to the other Shippers the information provided under Article 3.4 below, which enables the implementation of this Appendix.

3 NEGATIVE SHARED STOCK LEVEL

3.1 Overdraft Authorisation

The Shipper shall authorise the Operator to schedule its Send-Outs within the limit of the Overdraft Authorisation from which it benefits.

The Overdraft Authorisation of a Shipper that has subscribed to SPOT shall be zero.

The Overdraft Authorisation of a Shipper that has subscribed to SMART shall correspond to a quantity of gas equal to the smallest value between:

• 1/30 of the Contractual Unloaded Quantity (QDC) and

• 1,200 GWh.

Thus, the Shipper's Shared Stock Level may be negative, within the limit of the Overdraft Authorisation.

In the case of a Shipper that has subscribed to the SMART service and for which calculation of the Overdraft Authorisation would give a value of less than 300 GWh, the Shipper shall have the possibility of refusing to benefit from the Overdraft Authorisation. Its Overdraft Authorisation shall therefore be zero. This information is duly stated in Appendix 1 of the Specific Conditions.

3.2 Setting up the Negative Stock and Offsetting Guarantee

3.2.1 Principle

The Shipper undertakes to make available to the Operator, for Shippers that have subscribed to SMART with in period of one (1) month before the Service Start Date, a financial guarantee, hereinafter known as the "Negative Stock and Offsetting Guarantee" covering the Overdraft Authorisation under article 3 of this Appendix and its offsetting obligation under article 4 below.

The Negative Stock and Offsetting Guarantee shall take the form of a security deposit or a guarantee commitment issued by the French establishment of a first-ranking bank that has a long-term credit rating that is equal to or higher



than A (Standard & Poors) and A2 (Moody’s). The security deposit shall be remunerated by the Operator at an annual rate equal to the legal interest rate.

The amount of the Shipper's Negative Stock and Offsetting Guarantee shall be calculated by the Operator, in October each year for Shippers that have subscribed to SMART, by applying to the Overdraft Authorisation, plus seven hundred thousand (700,000) MWh, a price equal to the higher of these values, expressed in EURO/MWh, for the calendar year preceding the period in question, PowerNext Gas Futures Monthly Index prices published by POWERNEXT SA for the PEG.

The Operator must review the amount of the Shipper's Negative Stock and Offsetting Guarantee if the previous maximum price has varied by more than 20%.

The Shipper's right to schedule new Cargoes under Article 7 of the General Terms and Conditions shall be suspended for as long as the Negative Stock and Offsetting Guarantee has not been reconstituted, after being triggered by the Operator.

3.2.2 Derogations

By way of derogation to the rule provided for in paragraph 3.2.1 of this Appendix, the Shipper does not have to provide the Negative Stock and Offsetting Guarantee when, and for as long as, the Shipper benefits from a long-term credit rating that is equal to or higher than A- (Standard & Poors) and A3 (Moody’s).

By way of derogation to the rule provided for in paragraph 3.2.1 of this Appendix, the Shipper that cannot benefit from the derogation provided for in the paragraph above but that is part of a group for which the Parent Company is a company that has its registered office in a European Union country and that benefits from a long-term credit rating that is equal to or higher than A- (Standard & Poors) and A3 (Moody’s) can, for as long as the condition concerning the level of its rating is met, provide, as a Negative Stock and Offsetting Guarantee, a guarantee commitment issued by the Parent Company covering the obligations of the Shipper to the amount of the Negative Stock and Offsetting Guarantee referred to in paragraph 3.2 of this Appendix.

Where any one of the conditions to which the above derogations are subject are not met, the provisions provided for in paragraph 3.2.1 shall once again apply and the Shipper must comply with these provisions within one (1) month from the event in question.

3.3 Implementation of the Negative Stock and Offsetting Guarantee by the Operator

The Operator shall implement all or part of the Negative Stock and Offsetting Guarantee of the Shipper for which the Shared Stock Level is negative when the Contract has ended for any reason whatsoever.

Furthermore, when the Shipper's Shared Stock Level becomes negative, the Shipper shall have three (3) Months from the 1st day of the Month following the date when the Shared Stock Level is negative for it to become positive again. Otherwise, the Operator, depending on the case, shall:

• Implement all or part of the Negative Stock and Offsetting Guarantee of the Shipper, or

• Immediately issue an injunction for the Shipper to pay a sum for an amount covering the gas deficit making it possible for it to make its Shared Stock Level positive again.

The amount of the Negative Stock and Offsetting Guarantee or the one called in by the Operator under this injunction shall be calculated by the Operator by multiplying the Negative Stock and Offsetting Guarantee on the Day when the negative Shared Stock Level has not changed, by the PowerNext Gas Futures Monthly Index price published by POWERNEXT SA for the PEG for the month in which the negative Shared Stock Level has no longer changed.

Following an injunction, the Shipper shall undertake to credit the bank account of the Operator within eight (8) days from the sending of the above-mention injunction to pay by the Operator. For each day of delay, the Shipper shall be liable for a penalty equal to three (3) times the legal interest rate in effect on the date of issue of the invoice, calculated on the exact number of days that have passed between the date on which the payment is due and the effective payment date applied to the sum requested. The Shipper shall also be liable to pay a fixed recovery indemnity of forty euros excluding taxes.

The Shipper shall authorise the Operator to use this sum to compensate the other Shippers.

3.4 Compensation for Shippers

The Operator shall share the amount of the Negative Stock and Offsetting Guarantee that is available to it after being triggered, or, if applicable, the amount paid following the Operator’s injunction, among the shippers for which the Send-Out Ratio is not zero in the Month in which the Shipper's negative Shared Stock Level has no longer changed. Distribution between the Shippers shall take place in proportion to their Send-Out Ratio for the Month in which the Shipper's negative Shared Stock Level has no longer changed. The Operator shall also share the LNG



in stock in the Terminal's tanks among the Shippers for which the Send-Out Ratio is not zero using the same proportion. The Operator shall modify the Shared Stock Levels of the Shippers concerned accordingly.

The Operator shall inform the Affected Shippers as soon as possible and provide them with the details of the calculation concerning the sharing of the indemnification and the LNG in stock.

4 OFFSETTING RULES

The Shipper Responsible undertakes to compensate the Affected Shippers under the conditions defined below.

The Shipper shall have the choice between the two following mechanisms:

• Having a negative send-out up to the Quantity Offset each day mentioned in paragraph 4.1 of this Appendix

• Following the compensation procedures described in paragraph 4.2 of this Appendix

4.1 Quantity Offset

The Quantity Offset to be delivered each Day by the Shipper Responsible to the Affected Shippers shall be calculated by the Operator by determining the difference between the Reference Send-Out of the Affected Shippers before the date on which the aforementioned modification or cancellation was taken into account and the Reference Send-Out of the Affected Shippers following the aforementioned modification or cancellation.

The Quantity Offset to be delivered shall be owed each Day by the Shipper Responsible to each Affected Shipper. At the same time, the Shared Stock Level of the Affected Shipper shall be reduced by a quantity equivalent to the Quantity to be Offset and the Shipper's Shared Stock Level shall be increased by this same quantity.

4.2 Offsetting Terms and Conditions

The Quantity Offset is delivered in kind in the TRF zone.

4.3 Force Majeure, Maintenance and Operational Security

The Shipper's offsetting obligations shall be suspended under the same circumstances and according to the same terms and conditions as those explained in Article 16 of the General Terms and Conditions and in the event of application by the Operator of Articles 17 and 18 of the General Terms and Conditions.

4.4 Implementation of the Negative Stock and Offsetting Guarantee by the Operator due to lack of offsetting

An Affected Shipper may ask the Operator to implement the Negative Stock and Offsetting Guarantee or use the sum paid by the Shipper following the injunction mentioned in paragraph 3.3 at the earliest seven (7) Days as from the Day on which the Quantity Offset was not received and, at the latest, three (3) Months as from this default. The Operator will be authorised to implement all or part of the Negative Stock and Offsetting Guarantee if the Shipper Responsible cannot prove to the Operator that it fulfilled its offsetting obligation.

The amount of the Guarantee triggered by the Operator shall be calculated by the Operator by multiplying the undelivered Quantity Offset by the PEG market price of the TRF zone of the month of the inventory clearance increased by 10%.

5 WAIVER OF RECOURSE – ABSENCE OF JOINT AND SEVERAL LIABILITY

The Shipper waives the right to recourse against the other Shippers in respect of the damages that it may suffer in the situations referred to in paragraphs 3 and 4 above in excess of the amounts stipulated in Articles 3.3 and 4.2 of this Appendix.

There is no joint and several liability between Shippers under this Contract.

6 ACCEPTANCE

Acceptance of the provisions of this Appendix is a performance condition of the Contract. The Operator shall undertake to have this Appendix signed and to apply the provisions of this Appendix with respect to all Shippers, both present and future, who have subscribed to capacities at the Terminal.

The Shipper authorises the Operator to obtain, in its name and on its behalf, the acceptance of all new Shippers to the provisions of this Appendix 7.



7 DISPUTE RESOLUTION

Disputes between Shippers or between Shippers and the Operator in its capacity as agent under this Appendix shall be settled by the court designated in the General Terms and Conditions.

Signed in Bois-Colombes in two original copies, on .

For the Shipper For the Operator

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CONTRACT FOR ACCESS TO THE FOS-CAVAOU LNG TERMINAL … · FOSMAX LNG DOES NOT ACCEPT LIABILITY FOR THIS DOCUMENT Contract for Access to the Fos-Cavaou LNG Terminal FCXXXX page 1/4