Legal Acknowledgement Form
ES43 Underground Service Requirements (the "Standard")
This Legal Acknowledgement Form shall be governed by the laws of the Province of British Columbia and the applicable federal laws of Canada. In the event of conflicts or inconsistencies, if any, between or among this Legal Acknowledgement Form and the terms and conditions of the Standard, the provisions set out in this Legal Acknowledgement Form take precedence.
The Standard, and all information and referenced standards therein, is provided as a public service by the British Columbia Hydro and Power Authority ("BC Hydro"). Material contained within it carries no guarantee of any kind, express or implied.
Neither BC Hydro nor the Standard designer, recommender, or acceptor are accountable for the manner in which the Standard is used, or in the way its content is applied. Persons using the Standard, including retained engineers and contractors, are responsible and assume full responsibility and liability for its application, including but not limited to ensuring that the application of its content is appropriate, and that its application does not compromise operability, safety, reliability or maintainability.
The Standards has been prepared for or by BC Hydro to meet specific purposes of BC Hydro. No person shall use or rely upon the Standard, in whole or in part, in any manner, except:
- for the purpose of providing services to BC Hydro;
- for the purpose of connecting equipment to BC Hydro equipment;
- with the prior written consent of BC Hydro, or
- as required by law.
Limitation of Liability
BC Hydro, its servants or agents, regardless of fault or cause shall not be liable to any person for injury, loss or damage arising out of the use of or reliance upon this Standard, in whole or in part, except for those situations where the person uses the Standards to provide services to BC Hydro to the extent damages are not due to the fault of the person using the Standard, including but not limited to that person's misapplication of the Standard, negligence, or misconduct.
Any person using these Standards hereby agrees to release and indemnify BC Hydro, its servants or agents, from any injury, loss, damage or claim arising or alleged to be arising from use of or reliance upon the Standards, in whole or in part, except for those situations where the person directly uses the Standards to provide services to BC Hydro to the extent damages are not due to the fault of the person using the Standard, including but not limited to that person's misapplication of the Standard, negligence, or misconduct.
BC Hydro holds all title and rights, including the copyright, in or to the Standard. Copying all or any part of this Standard is permitted provided copies are used in accordance with this Legal Acknowledgement Form, credit is given to BC Hydro, and copies of the Standard or parts thereof are not sold for profit. The Standard may be stored in any type of electronic retrieval system provided BC Hydro is clearly indicated as the source and provided no profit accrues from such storage.
BC Hydro notes that the Standard may be revised from time to time and recommends that any person using the Standard in accordance with this Legal Acknowledgement Form confirm it is using the most recent version. BC Hydro is not liable for reliance on past versions of the Standard that may be stored electronically.