20130430Agreement Replacement Page.pdf

Avista Corp. AftSTAff 1411 East Mission P.O. Box 3727 RECE
Spokane, Washington 99220-0500 ColP
Telephone [phone] APR 30 PM 2: 32
Toll Free 800-727-9170
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April 29, 2013 -
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Jean D. Jewell, Secretary
Idaho Public Utilities Commission
P 0 Box 83720
Boise, ID 83720-0074
RE: In the Matter of the Joint Petition of Avista Corporation and Clearwater Paper Corporation
for Approval of an Electric Service Agreement.
Dear Ms. Jewell:
On April 15, 2013, the Avista Corporation and Clearwater Paper Corporation filed with the
Commission a "Joint Petition and Request for Modified Procedure" related to an Electric Service
Agreement ("Agreement").
After filing the Agreement with the Commission, the Parties found that they had inadvertently used
an incorrect word in Section 11.2 (Page 5) of the Agreement. The last sentence of the agreement
stated, in part, "such amounts as attributable to damage cause by Customer, its agents...". (emphasis
added) The word "Customer" should have stated "Avista". Therefore, the Company is enclosing
an original and seven copies of the revised Page 5 of the Agreement which reflects this correction.
Should you have any questions regarding this filing, please do not hesitate to call me at (509) 495-
8620. Thank you in advance for your assistance.
Sincerely,
PA ". ~~
Patrick Ehrbar
Manager, Rates & Tariffs
Enclosures
cc: Certificate of Service
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that I have this 29th day of April, 2013, served the foregoing filing upon
the following parties, by mailing a copy thereof, properly addressed with postage prepaid to:
Jean D Jewell, Secretary
Idaho Public Utilities Commission
Statehouse
Boise, ID 83720-5983
Jean. jewe11(puc.idaho.gov
Peter J. Richardson
Richardson & O'Leary PLLC
515 N. 27th Street
P0 Box 7218
Boise, ID 83702
12eter(richardsonando1eary com
Mary Lewallen
Clearwater Paper
601 W. Riverside Avenue
Suite 1100
Spokane, WA 99201
[e-mail]
Patrick Ebrbar
Manager, Rates & Tariffs
jDgMØ tf(-Et
Revised Section 11.2 on April29, 2013 Approved by Clearwater/ - Approved by Avista _M ø/
negligence of Customer, its agents or employees and in such amounts as attributable to damage
caused by Customer, its agents or employees
112 To the fullest extent permitted by applicable law, Avista shall defend, indemnify and save harmless
Customer from any Loss arising from or growing out of injury to persons, including death, or
damage to property, which may occur on Aviate's electric system on its side of the Delivery Point
Where such claim or loss is caused by the concurrent negligence of Aviate, its agents or employees,
and Customer, its agents or employees, Avista shall indemnify, defend and save harmless Customer
from all such Loss to the extent that such Loss was caused by the negligence of Avista, its agents or
employees and in such amounts as attributable to damage caused by Avista, its agents or
employ=.
113 Except (i) for claims or losses arising from a Party's gross negligence willful misconduct
intentional misconduct or fraud, (h) to the extent covered by insurance required to be carried by a
Party under this Agreement, or (iii) to the extent that such damages are sufibred by a third party and
included in a Loss for which one Party is required to indemnify the other under this Agreement,
neither Party shall be lib1e fur any special, indirect, punitive or consequential damages arising from
the Construction, installation, repair, maintenance or operation of the electrical facilities including,
without limitation, the other Party's loss of actual or anticipated profits (other than loss of actual or
anticipated profits included as an element of direct damages), loss because of shutdown,, non-
operation, increased expense of its facilities or operations, or cost of capital.
11.4 This Section shall not (i) negate, abridge, or otherwise reduce any right or obligation of indemnity
that otherwise exists, (ii) limit the amount or type of damages, compensation or benefits payable by
or for Aviate or any of its subcontractors or suppliers under workers' compensation acts, disability
benefit acts, or other employee benefit acts, or (in) limit the amount or type of insurance coverage
required by this Agreement
11.5 Each Party's obligations under this Section 11 shall survive the termination of this Agreement.
12 Assignment This Agreement may be assigned by either Party only with the written consent of the
other; provided that either Party may assign this Agreement without the consent of the other Party to any
Affiliate of the assigning Party to a purchaser of substantially all the assets of the assigning Party. Any
attempted assignment that violates this Section 12 is void and ineffective. A Party's consent to
assignment shall not be unreasonably withheld, conditioned or delayed. If this Agreement is assigned in
compliance with this Section 12 and the assignee expressly assumes and agrees to be bound by this
Agreement, the assigning Party shall, effective upon such assignment be released from this Agreement
13. Notices. Except as provided for in Section 5, all notices, diu.ntIs, requests and othercommunications
under this Agreement must be in writing and sent by mail (postage prepaid), or delivered to the other
Party either electronically or by a recognized commercial courier, addressed as set forth below. Such
notices, demands, requests and other communications will be deemed given as of the date delivered, or if
sent electronically or by mail, upon receipt.
13.1 ToAvista
Aviate Corporation
1411 E. Mission Ave, PO Box 3727
Spokane, WA 99220-3727
Attn: Director, Energy Solutions
132 To Customer.
Clearwater Paper Corporation
601 W. Riverside Avenue, Suite 1100
Spokane, WA 99201
Attn: Senior Vice President and General Counsel
133 Either Party may change Its address by providing written notice to the other as set forth above
Coeuact No. M-16950
Page 5 of 6
734653123 0034271-00030