(a)
The city will use reasonable diligence to provide a satisfactory constant, uninterrupted supply of electricity, but does not guarantee or warrant that the supply will not fail or be interrupted or that the voltage and wave form of the supply will not fluctuate. Customer is responsible for installing and maintaining such protective devices as are recommended or required by the then-current edition of the National Electrical Code or as may be reasonable to protect customer’s equipment or process during abnormal service conditions or the failure of all or a part of the electrical service provided by the city. The city shall make reasonable efforts to re-establish service with minimum of delay when failures, interruptions, or voltage and wave form fluctuations occur. However, the city shall not be liable for, and customer shall indemnify city against, either direct or consequential damages resulting from failures, interruptions, or voltage and wave form fluctuations including, but not limited to, acts of God, public enemy, sabotage and/or vandalism, accidents, fire, explosion, labor troubles, strikes, order of any court or judge granted in any bona fide adverse legal proceedings or action, or any order of any commission, tribunal or governmental authority having jurisdiction or, without limitation by the preceding enumeration, any other act or thing due to causes beyond its control, or to the negligence of the city, its employees, or contractors, whether sole or joint and concurrent with the negligence of customer or third parties, except to the extent that the damages are occasioned by the gross negligence or willful misconduct of the city.
(b)
The city may without notice and without liability to customer interrupt service to customer when in the city’s sole judgment such interruption:
(1)
Will prevent or alleviate an emergency threatening to disrupt the operation of the city’s system; or
(2)
Will lessen or remove possible danger to life or property; or
(3)
Will aid in the restoration of electric service; or
(4)
It is required to make necessary repairs to or changes in the city’s facilities.
(c)
Customer may request, in writing, that the city provide notice of intentional interruption of service by contact at an address and telephone number provided in such written request by customer and the city will exercise reasonable diligence to give such notice but does not warrant that notice will be given in every case of intentional interruption.
(Ordinance 03-2013, sec. I, adopted 2/13/13)