Common use of Variable Charges Clause in Contracts

Variable Charges. 4.2.1 The User shall pay to the Operator the following charges (the “Variable Charges”) which are incurred by the Operator or its shareholder to maintain the smooth and reliable operation of the Terminal: (a) a Bunkers charge, consisting of: (i) the actually incurred, reasonable and documented (by invoices or receipts) Bunkers price (determined according to the “first in first out principle” in respect of the FSRU’s Bunkers stock levels and using the Euro foreign exchange reference rate for USD for the day of the respective Bunkers invoice (or if no price quotations are available for individual days (e.g. on weekends or public holidays), the daily price of the next day) as published by the European Central Bank on its website ▇▇▇▇▇://▇▇▇.▇▇▇.▇▇▇▇▇▇.▇▇/stats/policy_and_exchange_rates/euro_reference_ exchange_rates/html/index.en.html) multiplied by (ii) the quantity of Bunkers consumed in the FSRU’s engines and auxiliaries during the User’s Unloading and Regasification Period and based on the calculation example set out in Schedule 7 (Bunker Charge Example), which is taking into account that if any portion of such quantity of Bunkers are for the account of FSRU Owner pursuant to the Charter, then such portion of such quantities is deducted; and (b) a charge for Emissions Certificates, consisting of the sum of (i) the daily price quotations of each day during the User’s Unloading and Regasification Period on the EEX EUA Spot End of Day Index (▇▇▇.▇▇▇.▇▇▇/▇▇/▇▇▇▇▇▇▇▇▇▇/▇▇▇▇▇▇▇▇▇▇▇▇▇▇/▇▇▇▇) (or if no price quotations are available for individual days (e.g. on weekends or public holidays), the daily price of the next day) multiplied by (ii) the calculated amount of CO2 emissions due to Internal Use during the User’s Unloading and Regasification Period and/or consumption of the quantity of Bunkers for which the User is liable as set out in Clause 4.2.1(a) above, whereby the calculated amount of CO2 emissions shall be determined by applying the emission factors set out in Schedule 8 (CO2 Charge Example). The Operator shall have the right to determine the applicable emission factor values for further Bunker types that are currently not defined in Schedule 8 (CO2 Charge Example) pursuant to section 315 German Civil Code (BGB) on the basis of recognised official publications i.e. Bundesumweltamt, IPCC Guidelines or similar sources. 4.2.2 The User may request reasonable evidence of such documented costs by the Operator according to Clause 11. 1.1. For that purpose the User agrees that the Operator can share with each Other User the required information on Bunkers or Gas (in kWh) delivered to the User at the Gas Delivery Point and Internal Use consumption for each calendar month. 4.2.3 The Operator is entitled to pass-through to the User any non-refundable Taxes in relation to the Variable Charges determined pursuant to Clause 4.2.1 above. For that purpose the Operator shall include in every Invoice an amount for non-refundable Taxes in relation to the Variable Charges as reasonably determined by the Operator and shall perform a reconciliation of such amounts determined by the Operator and paid by the User once the final tax statement has been received from the Tax authorities. Any overpayment by the User according to such reconciliation statement shall be refunded to the User and, in respect of any underpayment, the Operator shall send an Invoice to the User. 4.2.4 The Operator shall use reasonable endeavours to minimise the Variable Charges, including through using reasonable endeavours to buy Bunkers at competitive prices based on purchase strategies in line with best industry standards. 4.2.5 On or before the first (1st) day of each Month, the Operator shall provide the User with an indicative non‐binding estimate for such Month and the following two (2) Months of the Variable Charges and the Expected Internal Use (to the extent applicable to the User), on a daily and on an aggregate basis. The Operator shall provide the User with such information as the User reasonably requests with respect to such estimates.

Variable Charges. 4.2.1 The User shall pay to the Operator the following charges (the “Variable Charges”) which are incurred by the Operator or its shareholder to maintain the smooth and reliable operation of the Terminal: (a) a Bunkers charge, consisting of: (i) the actually incurred, reasonable and documented (by invoices or receipts) Bunkers price (determined according to the “first in first out principle” in respect of the FSRU’s Bunkers stock levels and using the Euro foreign exchange reference rate for USD for the day of the respective Bunkers invoice (or if no price quotations are available for individual days (e.g. on weekends or public holidays), the daily price of the next day) as published by the European Central Bank on its website ▇▇▇▇▇://▇▇▇.▇▇▇.▇▇▇▇▇▇.▇▇/stats/policy_and_exchange_rates/euro_reference_ exchange_rates/html/index.en.html) multiplied by (ii) the quantity of Bunkers consumed in the FSRU’s engines and auxiliaries during the User’s Unloading and Regasification Period and based on the calculation example set out in Schedule 7 (Bunker Charge Example), which is taking into account that if any portion of such quantity of Bunkers are for the account of FSRU Owner pursuant to the Charter, then such portion of such quantities is deducted; and (b) a charge for Emissions Certificates, consisting of the sum of (i) the daily price quotations of each day during the User’s Unloading and Regasification Period on the EEX EUA Spot End of Day Index (▇▇▇.▇▇▇.▇▇▇/▇▇/▇▇▇▇▇▇▇▇▇▇/▇▇▇▇▇▇▇▇▇▇▇▇▇▇/▇▇▇▇) (or if no price quotations are available for individual days (e.g. on weekends or public holidays), the daily price of the next day) multiplied by (ii) the calculated amount of CO2 emissions due to Internal Use during the User’s Unloading and Regasification Period and/or consumption of the quantity of Bunkers for which the User is liable as set out in Clause 4.2.1(a) above, whereby the calculated amount of CO2 emissions shall be determined by applying the emission factors set out in Schedule 8 (CO2 Charge Example). The Operator shall have the right to determine the applicable emission factor values for further Bunker types that are currently not defined in Schedule 8 (CO2 Charge Example) pursuant to section 315 German Civil Code (BGB) on the basis of recognised official publications i.e. Bundesumweltamt, IPCC Guidelines or similar sources. 4.2.2 The User may request reasonable evidence of such documented costs by the Operator according to Clause 1111.1. 1.11. For that purpose the User agrees that the Operator can share with each Other User the required information on Bunkers or Gas (in kWh) delivered to the User at the Gas Delivery Point and Internal Use consumption for each calendar month. 4.2.3 The Operator is entitled to pass-through to the User any non-refundable Taxes in relation to the Variable Charges determined pursuant to Clause 4.2.1 above. For that purpose the Operator shall include in every Invoice an amount for non-refundable Taxes in relation to the Variable Charges as reasonably determined by the Operator and shall perform a reconciliation of such amounts determined by the Operator and paid by the User once the final tax statement has been received from the Tax authorities. Any overpayment by the User according to such reconciliation statement shall be refunded to the User and, in respect of any underpayment, the Operator shall send an Invoice to the User. 4.2.4 The Operator shall use reasonable endeavours to minimise the Variable Charges, including through using reasonable endeavours to buy Bunkers at competitive prices based on purchase strategies in line with best industry standards. 4.2.5 On or before the first (1st) day of each Month, the Operator shall provide the User with an indicative non‐binding estimate for such Month and the following two (2) Months of the Variable Charges and the Expected Internal Use (to the extent applicable to the User), on a daily and on an aggregate basis. The Operator shall provide the User with such information as the User reasonably requests with respect to such estimates.

Variable Charges. 4.2.1 The User shall pay to the Operator the following charges (the “Variable Charges”) which are incurred by the Operator or its shareholder to maintain the smooth and reliable for operation of the Terminal: (a) a Bunkers charge, consisting of: : (i) the actually incurred, reasonable and documented (by invoices or receipts) Bunkers price (determined according to the “first in first out principle” in respect of the FSRU’s Bunkers stock levels and using the Euro foreign exchange reference rate for USD for the day of the respective Bunkers invoice (or if no price quotations are available for individual days (e.g. on weekends or public holidays), the daily price of the next day) as published by the European Central Bank on its website ▇▇▇▇▇://▇▇▇.▇▇▇.▇▇▇▇▇▇.▇▇/stats/policy_and_exchange_rates/euro_reference_ exchange_rateseuro_ref erence_exchange_rates/html/index.en.html) ); multiplied by by (ii) the quantity of Bunkers consumed in the FSRU’s engines and auxiliaries during the User’s Unloading and Regasification Period and based on the calculation example set out in Schedule 7 (Bunker and Heating Water Charge ExampleExamples), which is taking into account that if any portion of such quantity of Bunkers are for the account of FSRU Owner pursuant to the Charter, then such portion of such quantities is deducted; (b) a charge for Gas used for Heating Water, consisting of: (i) the actually incurred, reasonable and documented (by invoices or receipts) price for such Gas determined as the THE DA Price on the date on which such Gas is procured by the Operator; multiplied by (ii) the quantity of Gas consumed by the FSRU, up to but not including the Heating Water Allowance, for the purposes of Heating Water during the User’s Unloading and Regasification Period and based on the calculation example set out in Schedule 7 (Bunker and Heating Water Charge Examples), provided that the Operator shall not be entitled to charge the User for any Gas used for Heating Water which exceeds the Heating Water Allowance; and (bc) a charge for Emissions Certificates, consisting of the sum of of (i) the daily price quotations of each day during the User’s Unloading and Regasification Period on the EEX EUA Spot End of Day Index (▇▇▇.▇▇▇.▇▇▇/▇▇/▇▇▇▇▇▇▇▇▇▇/▇▇▇▇▇▇▇▇▇▇▇▇▇▇/▇▇▇▇) (or if no price quotations are available for individual days (e.g. on weekends or public holidays), the daily price of the next day) ); multiplied by by (ii) the calculated amount of CO2 greenhouse gas emissions for which Emissions Certificates are required pursuant to Applicable Law due to Internal Use during the User’s Unloading and Regasification Period and/or consumption of the quantity of Bunkers for which the User is liable as set out in pursuant to Clause 4.2.1(a) above and/or Gas used for Heating Water for which the User is liable pursuant to Clause 4.2.1(b) above, whereby the calculated amount of CO2 greenhouse gas emissions shall be determined by applying the emission factors set out in Schedule 8 (CO2 Charge Emissions Charges Example). . 4.2.2 The Operator shall have the right to determine the applicable emission factor values for further Bunker types and emissions that are currently not defined in Schedule 8 7 (CO2 Bunker and Heating Water Charge ExampleExamples) pursuant to section 315 German Civil Code (BGB) on the basis of recognised official publications i.e. publications, including Bundesumweltamt, IPCC Guidelines or similar sources. 4.2.2 4.2.3 The User may request reasonable evidence of such documented costs by from the Operator according to Clause 11. 1.1. For that purpose the User agrees that the Operator can share with each Other User the required information on Bunkers or Gas (in kWh) delivered to the User at the Gas Delivery Point and Internal Use consumption for each calendar month. 4.2.3 4.2.4 The Operator is entitled to pass-through to the User any non-refundable Taxes in relation to the Variable Charges determined pursuant to Clause 4.2.1 above. For that purpose the Operator shall include in every Invoice an amount for non-refundable Taxes in relation to the Variable Charges as reasonably determined by the Operator and shall perform a reconciliation of such amounts determined by the Operator and paid by the User once the final tax statement has been received from the Tax authorities. Any overpayment by the User according to such reconciliation statement shall be refunded to the User and, in respect of any underpayment, the Operator shall send an Invoice to the User. 4.2.4 4.2.5 The Operator shall use reasonable endeavours to minimise the Variable Charges, including through using reasonable endeavours to buy Bunkers at competitive prices based on purchase strategies in line with best industry standards. 4.2.5 4.2.6 On or before the first (1st) day of each Month, the Operator shall provide the User with an indicative non‐binding estimate for such Month and the following two (2) Months of the Variable Charges and the Expected Internal Use (to the extent applicable to the User), on a daily and on an aggregate basis. The Operator shall provide the User with such information as the User reasonably requests with respect to such estimates.

Variable Charges. ‌ 4.2.1 The User shall pay to the Operator the following charges (the “Variable Charges”) which are incurred by the Operator or its shareholder to maintain the smooth and reliable for operation of the Terminal: (a) a Bunkers charge, consisting of: : (i) the actually incurred, reasonable and documented (by invoices or receipts) Bunkers price (determined according to the “first in first out principle” in respect of the FSRU’s Bunkers stock levels and using the Euro foreign exchange reference rate for USD for the day of the respective Bunkers invoice (or if no price quotations are available for individual days (e.g. on weekends or public holidays), the daily price of the next day) as published by the European Central Bank on its website ▇▇▇▇▇://▇▇▇.▇▇▇.▇▇▇▇▇▇.▇▇/stats/policy_and_exchange_rates/euro_reference_ exchange_rateseuro_ref erence_exchange_rates/html/index.en.html) ); multiplied by by (ii) the quantity of Bunkers consumed in the FSRU’s engines and auxiliaries during the User’s Unloading and Regasification Period and based on the calculation example set out in Schedule 7 (Bunker Charge Example), which is taking into account that if any portion of such quantity of Bunkers are for the account of FSRU Owner pursuant to the Charter, then such portion of such quantities is deducted; and (b) a charge for Emissions Certificates, consisting of the sum of of: (i) the daily price quotations of each day during the User’s Unloading and Regasification Period on the EEX EUA Spot End of Day Index (▇▇▇.▇▇▇.▇▇▇/▇▇/▇▇▇▇▇▇▇▇▇▇/▇▇▇▇▇▇▇▇▇▇▇▇▇▇/▇▇▇▇) (or if no price quotations are available for individual days (e.g. on weekends or public holidays), the daily price of the next day) ); multiplied by by (ii) the calculated amount of CO2 greenhouse gas emissions for which Emissions Certificates are required pursuant to Applicable Law due to Internal Use during the User’s Unloading and Regasification Period and/or consumption of the quantity of Bunkers for which the User is liable as set out in pursuant to Clause 4.2.1(a) above, whereby the calculated amount of CO2 greenhouse emissions shall be determined by applying the emission factors set out in Schedule 8 (CO2 Charge Emissions Charges Example). . 4.2.2 The Operator shall have the right to determine the applicable emission factor values for further Bunker types and emissions that are currently not defined in Schedule 8 7 (CO2 Charge Example) pursuant to section 315 German Civil Code (BGB) on the basis of recognised official publications i.e. Bundesumweltamt, IPCC Guidelines or similar sources.Bunker 4.2.2 4.2.3 The User may request reasonable evidence of such documented costs by from the Operator according to Clause 11. 1.1. For that purpose the User agrees that the Operator can share with each Other User the required information on Bunkers or Gas (in kWh) delivered to the User at the Gas Delivery Point and Internal Use consumption for each calendar month. 4.2.3 4.2.4 The Operator is entitled to pass-through to the User any non-refundable Taxes in relation to the Variable Charges determined pursuant to Clause 4.2.1 above. For that purpose the Operator shall include in every Invoice an amount for non-refundable Taxes in relation to the Variable Charges as reasonably determined by the Operator and shall perform a reconciliation of such amounts determined by the Operator and paid by the User once the final tax statement has been received from the Tax authorities. Any overpayment by the User according to such reconciliation statement shall be refunded to the User and, in respect of any underpayment, the Operator shall send an Invoice to the User. 4.2.4 4.2.5 The Operator shall use reasonable endeavours to minimise the Variable Charges, including through using reasonable endeavours to buy Bunkers at competitive prices based on purchase strategies in line with best industry standards. 4.2.5 4.2.6 On or before the first (1st) day of each Month, the Operator shall provide the User with an indicative non‐binding estimate for such Month and the following two (2) Months of the Variable Charges and the Expected Internal Use (to the extent applicable to the User), on a daily and on an aggregate basis. The Operator shall provide the User with such information as the User reasonably requests with respect to such estimates.

Variable Charges. 4.2.1 The User shall pay to the Operator the following charges (the “Variable Charges”) which are incurred by the Operator or its shareholder to maintain the smooth and reliable for operation of the Terminal: (a) a Bunkers charge, consisting of: : (i) the actually incurred, reasonable and documented (by invoices or receipts) Bunkers price (determined according to the “first in first out principle” in respect of the FSRU’s Bunkers stock levels and using the Euro foreign exchange reference rate for USD for the day of the respective Bunkers invoice (or if no price quotations are available for individual days (e.g. on weekends or public holidays), the daily price of the next day) as published by the European Central Bank on its website ▇▇▇▇▇://▇▇▇.▇▇▇.▇▇▇▇▇▇.▇▇/stats/policy_and_exchange_rates/euro_reference_ exchange_rateseuro_ref erence_exchange_rates/html/index.en.html) ); multiplied by by (ii) the quantity of Bunkers consumed in the FSRU’s engines and auxiliaries during the User’s Unloading and Regasification Period and based on the calculation example set out in Schedule 7 (Bunker Charge Example), which is taking into account that if any portion of such quantity of Bunkers are for the account of FSRU Owner pursuant to the Charter, then such portion of such quantities is deducted; and (b) a charge for Emissions Certificates, consisting of the sum of of: (i) the daily price quotations of each day during the User’s Unloading and Regasification Period on the EEX EUA Spot End of Day Index (▇▇▇.▇▇▇.▇▇▇/▇▇/▇▇▇▇▇▇▇▇▇▇/▇▇▇▇▇▇▇▇▇▇▇▇▇▇/▇▇▇▇) (or if no price quotations are available for individual days (e.g. on weekends or public holidays), the daily price of the next day) ); multiplied by by (ii) the calculated amount of CO2 greenhouse gas emissions for which Emissions Certificates are required pursuant to Applicable Law due to Internal Use during the User’s Unloading and Regasification Period and/or consumption of the quantity of Bunkers for which the User is liable as set out in pursuant to Clause 4.2.1(a) above, whereby the calculated amount of CO2 greenhouse emissions shall be determined by applying the emission factors set out in Schedule 8 (CO2 Charge Emissions Charges Example). . 4.2.2 The Operator shall have the right to determine the applicable emission factor values for further Bunker types and emissions that are currently not defined in Schedule 8 7 (CO2 Charge Example) pursuant to section 315 German Civil Code (BGB) on the basis of recognised official publications i.e. Bundesumweltamt, IPCC Guidelines or similar sources.Bunker 4.2.2 4.2.3 The User may request reasonable evidence of such documented costs by from the Operator according to Clause 11. 1.1. For that purpose the User agrees that the Operator can share with each Other User the required information on Bunkers or Gas (in kWh) delivered to the User at the Gas Delivery Point and Internal Use consumption for each calendar month. 4.2.3 4.2.4 The Operator is entitled to pass-through to the User any non-refundable Taxes in relation to the Variable Charges determined pursuant to Clause 4.2.1 above. For that purpose the Operator shall include in every Invoice an amount for non-refundable Taxes in relation to the Variable Charges as reasonably determined by the Operator and shall perform a reconciliation of such amounts determined by the Operator and paid by the User once the final tax statement has been received from the Tax authorities. Any overpayment by the User according to such reconciliation statement shall be refunded to the User and, in respect of any underpayment, the Operator shall send an Invoice to the User. 4.2.4 4.2.5 The Operator shall use reasonable endeavours to minimise the Variable Charges, including through using reasonable endeavours to buy Bunkers at competitive prices based on purchase strategies in line with best industry standards. 4.2.5 4.2.6 On or before the first (1st) day of each Month, the Operator shall provide the User with an indicative non‐binding estimate for such Month and the following two (2) Months of the Variable Charges and the Expected Internal Use (to the extent applicable to the User), on a daily and on an aggregate basis. The Operator shall provide the User with such information as the User reasonably requests with respect to such estimates.

Variable Charges. 4.2.1 The User shall pay to the Operator the following charges (the “Variable Charges”) which are incurred by the Operator or its shareholder to maintain the smooth and reliable operation of the Terminal: (a) a Bunkers charge, consisting of: of (i) the actually incurred, reasonable and documented (by invoices or receipts) Bunkers price (determined according to the “first in first out principle” in respect of the FSRU’s Bunkers stock levels and using the Euro foreign exchange reference rate for USD for the day of the respective Bunkers invoice (or if no price quotations are available for individual days (e.g. on weekends or public holidays), the daily price of the next day) as published by the European Central Bank on its website ▇▇▇▇▇://▇▇▇.▇▇▇.▇▇▇▇▇▇.▇▇/stats/policy_and_exchange_rates/euro_reference_ exchange_rates/html/index.en.html) multiplied by (ii) the quantity of Bunkers consumed in the FSRU’s engines and auxiliaries during the User’s Unloading and Regasification Period and based on the calculation example set out in Schedule 7 (Bunker Charge Example), which is taking into account that if any portion of such quantity of Bunkers are for the account of FSRU Owner pursuant to the Charter, then such portion of such quantities is deducted; and (b) a charge for Emissions Certificates, consisting of the sum of (i) the daily price quotations of each day during the User’s Unloading and Regasification Period on the EEX EUA Spot End of Day Index (▇▇▇.▇▇▇.▇▇▇/▇▇/▇▇▇▇▇▇▇▇▇▇/▇▇▇▇▇▇▇▇▇▇▇▇▇▇/▇▇▇▇) (or if no price quotations are available for individual days (e.g. on weekends or public holidays), the daily price of the next day) multiplied by (ii) the calculated amount of CO2 emissions due to Internal Use during the User’s Unloading and Regasification Period and/or consumption of the quantity of Bunkers for which the User is liable as set out in Clause 4.2.1(a) above, whereby the calculated amount of CO2 emissions shall be determined by applying the emission factors set out in Schedule 8 (CO2 Charge Example). The Operator shall have the right to determine the applicable emission factor values for further Bunker types that are currently not defined in Schedule 8 (CO2 Charge Example) pursuant to section 315 German Civil Code (BGB) on the basis of recognised official publications i.e. Bundesumweltamt, IPCC Guidelines or similar sources. 4.2.2 The User may request reasonable evidence of such documented costs by the Operator according to Clause 1111.1. 1.11. For that purpose the User agrees that the Operator can share with each Other User the required information on Bunkers or Gas (in kWh) delivered to the User at the Gas Delivery Point and Internal Use consumption for each calendar month. 4.2.3 The Operator is entitled to pass-through to the User any non-refundable Taxes in relation to the Variable Charges determined pursuant to Clause 4.2.1 above. For that purpose the Operator shall include in every Invoice an amount for non-refundable Taxes in relation to the Variable Charges as reasonably determined by the Operator and shall perform a reconciliation of such amounts determined by the Operator and paid by the User once the final tax statement has been received from the Tax authorities. Any overpayment by the User according to such reconciliation statement shall be refunded to the User and, in respect of any underpayment, the Operator shall send an Invoice to the User. 4.2.4 The Operator shall use reasonable endeavours to minimise the Variable Charges, including through using reasonable endeavours to buy Bunkers at competitive prices based on purchase strategies in line with best industry standards. 4.2.5 On or before the first (1st) day of each Month, the Operator shall provide the User with an indicative non‐binding estimate for such Month and the following two (2) Months of the Variable Charges and the Expected Internal Use (to the extent applicable to the User), on a daily and on an aggregate basis. The Operator shall provide the User with such information as the User reasonably requests with respect to such estimates.