8.5.5 If the Owner and SaskEnergy or its Subsidiary are unable to agree with respect to any of the costs mentioned in subsection [8.5.4] or with respect to any compensation that the Owner may claim as a result of SaskEnergy or its Subsidiary carrying out any of the activities mentioned in subsection [8.5.3], both parties shall submit the issue to arbitration in accordance with The Arbitration Act , 1992. Amended – February 8, 2008 8.5.6 Except where expressly provided for herein or by agreement in writing, SaskEnergy or its Subsidiary shall not be liable for any damage to any structure or improvement erected, installed or placed over any of SaskEnergy’s or its Subsidiary’s regulators, shut-off valves, Service Lines pipelines, Facilities or Mains. Amended – May 15, 2017 8.5.7 Notwithstanding anything in Paragraph [8.5], the parties shall have all such additional rights and obligations provided for in an applicable right of way, easement, caveat, miscellaneous encumbrance, or encumbrance agreement, consent or other written agreement. Unless otherwise expressly provided for, no Person shall permit a structure or installation in contravention of the applicable written agreement or a Site Disturbance within an easement or right of way, or over or within 1.5 metres of a SaskEnergy Facility. Amended -- May 15, 2017 Alterations to Facilities 8.6.1 If a Customer wishes to move or alter (including removal of) any Facilities on the Customer’s Premises, the Customer shall apply in writing to SaskEnergy or its Subsidiary setting out details of the proposed move or alteration. 8.6.2 On receipt of a written application pursuant to [8.6.1], SaskEnergy or its Subsidiary may refuse the request or grant the request and impose any condition on the move or alteration that SaskEnergy or its Subsidiary considers necessary. 8.6.3 If SaskEnergy or its Subsidiary agrees to perform the requested work related to moving or altering (including removal of) the Facilities, SaskEnergy or its Subsidiary may require the Customer to pay all or any part of the costs of the move or alteration before the work has begun.
8.6
9.
LIABILITY AND INDEMNITY
9.1
SaskEnergy and its wholly owned Subsidiaries may:
(a)
Sue with respect to any tort; and
(b) Be sued with respect to liabilities in tort to the extent to which the Crown is subject pursuant to The Proceedings Against the Crown Act R.S.S. 1978, c. P-27, as amended or replaced from time to time. 9.2 Notwithstanding Paragraph (9.1), no action or proceeding lies against SaskEnergy or its Subsidiary or any of their officers, directors, employees or agents for any injury, loss or damage to any Person or property arising out of, or directly or indirectly resulting from:
SaskEnergy Terms and Conditions of Service Schedule
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