Clear Creek Storage Company, LLC

Original Volume No. 1

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Effective Date: 06/01/2000, Docket: CP98-256-002, Status: Effective

Original Sheet No. 78 Original Sheet No. 78 : Effective

 

GENERAL TERMS AND CONDITIONS

(Continued)

 

Section 20 of these General Terms and Conditions, shall be

responsible for any loss thereof, except for Non-Recoverable

Working Gas under Section 11 of this tariff, or any and all

injury or damage caused thereby, until the Equivalent

Quantities of Gas have been delivered for the account of

Customer after which Customer shall be in exclusive control

and possession of the Gas and responsible for any and all

injury or damage caused thereby.

 

26.2 Warranty. Customer or Replacement Customer

warrants for itself, its successors and assigns, that it

has, or will have, at the time of delivery of the Gas

hereunder, good title to such Gas and/or good right to cause

the Gas to be delivered to Clear Creek for storage.

Customer or Replacement Customer warrants for itself, its

successors and assigns, that the Gas it warrants hereunder

shall be free and clear of all liens, encumbrances or

claims, that it will indemnify and save Clear Creek harmless

from all suits, actions, debts, accounts, damages, costs,

losses and expenses arising from or out of adverse claims of

any and all persons to said Gas and/or to royalties, taxes,

license fees, or charges thereon which are directly

applicable to such delivery of Gas and that it will

indemnify and save Clear Creek harmless from all taxes and

assessments which may be directly levied and assessed upon

such delivery and which are by law payable and the

obligation of the party making such delivery.

 

26.3 Waivers. No waiver by either Clear Creek or

Customer of any one or more defaults by the other in the

performance of any provisions hereunder shall operate or be

construed as a waiver of any future default or defaults,

whether of a like or a different character. Clear Creek may

waive, with respect to Customer, any section of these

General Terms and Conditions and Rate Schedules FS and IS,

if Clear Creek does so in a non-discriminatory manner.

 

26.4 Assignments. Any company which shall succeed by

purchase, merger or consolidation to the properties,

substantially as an entirety, of Customer or of Clear Creek,

as the case may be, shall if eligible, be entitled to the

rights and shall be subject to the obligations of its

predecessor in title under the Service Agreement(s) between

Clear Creek and Customer. Either Clear Creek or Customer

may assign any of its rights or obligations under its

Service Agreement(s) to a financially responsible

corporation with which it is affiliated at the time of such