Unless directly and proximately caused by the willful, intentional or malicious acts by the City, the City shall not be liable for any damage to or loss of any facility within the public ways of the City as a result of or in connection with any public works, public improvements, construction, excavation, grading, filling, or work of any kind in the public ways by or on behalf of the City, if the City, or someone on its behalf, has prior to such activity contacted the Ohio Utilities Protection Services (OUPS).
(Ord. O2007-54, passed 8-21-2007)