Clear Creek Storage Company, LLC |
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First Revised Sheet No. 75 : Pending |
FERC Gas Tariff |
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Supersedes Original Sheet No. 75 |
Clear Creek Storage Company, LLC |
GENERAL TERMS AND CONDITIONS
(Continued)
materials, or supplies or permits, or labor or land rights to
perform or comply with any obligation or condition of this
tariff and any other causes, whether of the kind herein
enumerated or otherwise, which are not reasonably in Clear
Creeks control.
It is understood and agreed that the settlement of strikes
or lockouts or controversies with landowners involving rights of
way shall be entirely within Clear Creeks discretion and that
the requirement that any force majeure shall be remedied with
all reasonable dispatch shall not require the settlement of
strikes or lockout or controversies with landowners involving
rights of way by acceding to the demands of the opposing party
when, in the discretion of Clear Creek, this course is
inadvisable.
21.2 Force Majeure. If by reason of force majeure any
party is rendered unable, wholly or in part, to carry out its
obligations under this tariff, other than the payment of charges
for services rendered, it is agreed that upon either party
giving notice to the other party, in writing, of full
particulars of the force majeure, within a reasonable time after
the occurrence of the cause relied upon, the party giving
notice, so far as and to the extent that it is affected by the
force majeure, shall not be liable in damages during the
continuance of any inability so caused, but for no longer
period. The cause shall, so far as possible, be remedied with
all reasonable dispatch. Clear Creek shall not be liable in
damages to Customer other than for acts of gross negligence or
willful misconduct and then only where force majeure does not
apply.
21.3 Limitations. Such force majeure affecting the
performance hereunder by either Clear Creek or Customer shall
not relieve either party of liability in the event of concurring
negligence or in the event of failure to use due diligence to
remedy the situation and to remove the cause in an adequate
manner and with all reasonable dispatch. Nor shall such causes
or contingencies affecting such performance relieve Customer, in
whole or in part, from its obligations to pay the Monthly
charges provided for in Section 18 of these General Terms and
Conditions.
22. Operational Flow Orders (OFO)
Clear creek will monitor storage activity on a continual
basis to foresee and forewarn Customers, where possible, of
Issued by: M.B. McGinley, Vice President |
Issue date: 08/10/01 |
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Effective date: 09/01/01 |