| Clear Creek Storage Company, LLC |
|
Original Sheet No. 78 : Effective |
| FERC Gas Tariff |
|
|
| Clear Creek Storage Company, LLC |
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
| Issued by: M.B. McGinley, Vice President |
| Issue date: 03/30/00 |
|
Effective date: 06/01/00 |