Clear Creek Storage Company, LLC |
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First Revised Sheet No. 74 : Effective |
FERC Gas Tariff |
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Supersedes Original Sheet No. 74 |
Clear Creek Storage Company, LLC |
GENERAL TERMS AND CONDITIONS
(Continued)
20. Liability
Clear Creek shall only be liable for Gas losses or
damages or injuries arising directly from the services
provided by Clear Creek that are caused solely from Clear
Creeks gross negligence or willful misconduct. Clear Creek
shall not be liable for any loss, damage or injury due to
force majeure, the exercise by Clear Creek of rights under
this FERC Gas Tariff, the loss of Non-Recoverable Working
Gas, Customer negligence, or actions taken by Clear Creek to
minimize the damage to its facilities or to protect the
operational integrity of its system or for losses that are
covered under a Customers insurance policy. In no event
shall Clear Creek be liable for any incidental or
consequential damages of any kind.
21. Force Majeure.
21.1 Definition. The term "force majeure" as used
herein shall mean acts of God, including fires, explosions,
earthquakes, lightning, landslides or volcanic eruptions,
storms, floods, washouts and extreme cold or freezing
weather; necessity for compliance with any court order, law,
regulation or ordinance promulgated by any governmental
authority having jurisdiction, either federal, state or
local, civil or military; strikes, lockouts, or other civil
or industrial disturbances; acts of the public enemy, wars,
blockades, insurrections, riots; epidemics; arrests and
restraints of the government, either federal or state, civil
or military.
Relative to Clear Creeks service and solely to the
operation of its system, force majeure shall also mean
shutdowns for purposes of necessary repairs, relocation, or
construction of facilities; breakage or accident to
machinery, wells or lines of pipe or casings; testing (as
required by governmental authority or as deemed necessary by
Clear Creek for the safe operation of the underground
storage reservoir and facilities required to perform the
service hereunder),the necessity of making repairs or
alterations to machinery or lines of pipe; failure of wells,
surface equipment or pipe lines, well or line freeze ups;
accidents, breakdowns, inability to obtain necessary
Issued by: M.B. McGinley, Vice President |
Issue date: 06/29/00 |
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Effective date: 08/01/00 |