Clear Creek Storage Company, LLC

Original Volume No. 1

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Effective Date: 08/01/2000, Docket: RP00-364-000, Status: Effective

First Revised Sheet No. 74 First Revised Sheet No. 74 : Effective

Superseding: Original Sheet No. 74

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

Creek's 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 Customer's 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 Creek's 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