Clear Creek Storage Company, LLC

Original Volume No. 1

 Contents / Previous / Next / Main Tariff Index

 

 

Effective Date: 09/01/2001, Docket: RP00-458-001, Status: Effective

First Revised Sheet No. 75 First Revised Sheet No. 75 : Effective

Superseding: Original Sheet No. 75

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

Creek's 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 Creek's 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