Common use of Releases by Customer Clause in Contracts

Releases by Customer. The Customer releases the Scheme Owner from all claims, actions, demands, proceedings and liability which it may have or claim to have (or but for this release might have had) against the Scheme Owner connected with: (a) death or personal injury, damage to the Customer’s Offtake Works, other property, livestock, crops or assets as a consequence of any action by the Scheme Owner other than actions that would constitute a breach of this Agreement or negligence by the Scheme Owner, including for example, channel overflows however caused, pipeline breaks where such action is necessary for the Scheme Owner to comply with the requirements of any Law binding on it; (b) death or personal injury, damage to the Customer’s Offtake Works, other property, livestock, crops or assets as a consequence of flooding or inundation caused by: (i) overflows from the Distribution Network; or (ii) the Distribution Network acting as a barrier, in either case, as a consequence of a circumstance referred to in paragraphs (a), (e), (f) and (h) of the definition of “Event of Force Majeure”; (c) alterations to the Distribution Network or conditions within the Distribution Network however caused including, for example, the movement of water weeds to clog pumps and the impact of sudden losses or fluctuations of flow or pressure surges within the Distribution Network; or (d) the circumstances in which the Customer bears the risk as stated in clause 24.5.