(a) The Utility will use reasonable diligence in furnishing a regular and uninterrupted supply of energy but does not guarantee uninterrupted service. Neither the Utility nor the Village shall be liable for damages in case such supply should be interrupted or fail by reason of an act of God, the public enemy, accidents, labor disputes, orders or acts of civil or military authority, breakdowns or injury to the machinery, transmission lines, distribution lines or other facilities of the Utility, extraordinary repairs, or acts of the Utility taken to prevent or limit the extent or duration of interruptions or disturbances of service on the Utility's system.
(b) Unless otherwise provided in a contract between Utility and customer, the point at which service is delivered by Utility to customer, to be known as "delivery point”, shall be the point at which the customer's facilities are connected to the Utility's facilities. Neither the Utility nor the Village shall be liable for any loss, injury, or damage resulting from the customer's use of his equipment or occasioned by the energy furnished by the Utility beyond the delivery point. The customer shall provide and maintain suitable protective devices on his equipment to prevent an loss, injury or damage that might result from single-phasing conditions or any other fluctuation or irregularity in the supply of energy. Neither the Utility nor the village shall be liable for any loss, injury, or damage resulting from single-phasing condition or any other fluctuation or irregularity in the supply of energy which could have been prevented by the use of such protective devices . The Utility will (when same are required by conditions or contract between the parties thereto), meters and other apparatus which may be required for the proper measurement of and protection of its service. All such apparatus shall be and remain the property of the Utility.
(Ord. 2020-5. Passed 12-7-20.)