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. 79 Original Sheet No. 79 : Effective

 

GENERAL TERMS AND CONDITIONS

(Continued)

 

assignment. Furthermore, Clear Creek may, as security for

its indebtedness, assign, mortgage or pledge any of its

rights or obligations under its Service Agreement(s),

including its rights to receive payments, to any other

entity, and Customer will execute any consent agreement with

such entity and provide such certificates and other

documents as Clear Creek may reasonably request in

connection with any such assignment. Customer also may

assign or pledge its Service Agreement(s) under the

provisions of any mortgage, deed of trust, indenture or

similar instrument which it has executed or may hereafter

execute covering substantially all of its properties.

Otherwise, except as provided in Section 4 of these General

Terms and Conditions, neither party shall assign its Service

Agreement(s) or any of its rights thereunder unless it first

shall have obtained the consent thereto in writing of the

other party.

 

26.5 Interpretation of Laws. Any Agreement shall be

interpreted, performed and enforced in accordance with the

laws of the State of Utah.

 

26.6 Regulations. Any Agreement, and all terms and

provisions herein, and the respective obligations of the

parties thereunder are subject to valid laws, orders, rules

and regulations of duly constituted authorities having

jurisdiction.

 

26.7 Third-Party Beneficiary. It is expressly agreed

that there is no third-party beneficiary to these General

Terms and Conditions by virtue of any Agreement, and that

the provisions of any other Agreement and these General

Terms and Conditions do not impart enforceable rights in

anyone who is not a party or successor or assignee of any

party to an executed Service Agreement hereunder.

 

26.8 Counterparts. Any Agreement may be executed in

any number of counterparts, each of which shall be deemed an

original, but all of which together shall constitute but one

and the same instrument.

 

26.9 Headings. The headings contained in any Agreement

are for reference purposes only and shall not affect the

meaning or interpretation of any Agreement.