The city does not guarantee continuous service. It shall use reasonable diligence at all times to provide uninterrupted service, and to remove the cause or causes in the event of failure, interruption, reduction or suspension of service, but the city shall not be liable for any loss or damage to a customer or customers resulting from the failure, interruption, reduction or suspension of service which is due to any accident or other cause beyond its control, or to any of the following:
(A) An emergency action due to an adverse condition or disturbance on the system of the city, or on any other system directly or indirectly interconnected with it, which requires automatic or manual interruption of the supply of electricity to some customers or areas in order to limit the extent or damage of the adverse condition or disturbance or to expedite restoration of service, or to effect a reduction in service to compensate for an emergency condition on an interconnected system;
(B) An act of God, or the public enemy, or insurrection, riot, civil disorder, fire or earthquake, or an order from federal, state, county or other public authority;
(C) Making necessary adjustments to, changes in or repairs on its lines, substations and facilities, and in cases where, in its opinion, the continuance of service to customers’ premises would endanger persons or property; and
(D) It is expressly understood and agreed that the city does not contract to furnish power for pumping water for extinguishing fires and, that in the event that the consumer shall use the electric power, or any part thereof, for pumping water to be used for extinguishing fires, the consumer shall, at all times, keep on hand, or otherwise provide for, an adequate reserve supply of water so that it shall not be necessary to pump water by means of the electric power during a fire; and it is expressly understood and agreed that the city shall not, in any event, be liable to the consumer, nor to any person, firm or corporation for any loss or injury of or to property or person by fire or fires occasioned by, or resulting directly or indirectly from the failure of any pump, pumping apparatus or appliances to operate, whether the failure shall be due to the act or omission of the city or otherwise, it being the intention of the parties hereto that the city shall not, in any event, be liable for any loss or damage occasioned by fire which may be caused by or result from the failure of the city to supply electric power to operate it or any pump or pumping apparatus or appliances.
(Prior Code, § 11-33)