All heating services provided by the City shall be subject to the following terms and conditions:
A. Service accounts with all users outside the City boundary shall be subject to immediate cancellation of service whenever there exists no surplus supply, of heat over and above any and all demands of users within the City boundary;
B. The Board reserves the right to cease operation of the heating system, or any part thereof, and cancel such services as may be provided by the system, for reasons of emergency maintenance or repairs as authorized by the General Manager. The General Manager shall diligently endeavor to provide user and public notice prior to such emergency actions at the earliest time and most comprehensive extent;
C. The City may, by Board resolution, establish regular seasonal periods of heating service operation and non-operation;
D. The City shall assume no liability whatsoever, direct or implied for any user damages or injuries incurred as a result of heating service interruption or cancellation, when such interruption or cancellation is due to circumstances beyond the control of the City, or due to operational actions authorized by this Chapter;
E. The City shall not warrant or guarantee the temperature or chemical quality of the fluid delivered to users, but shall advise of the temperature or chemical quality of the fluid delivered to the users as they occur. The City shall not assume any liability whatsoever, direct or implied, for corrosion, scaling, or similar physical degradation of user pipelines or private heating or cooling equipment utilized beyond each service connection;
F. Force majeure: Natural catastrophe, or other causes beyond the reasonable control of the parties, which prevent Board from providing, or user from accepting, any of Board's services covered by this Chapter, shall operate to suspend the obligations of user and Board during the period required to remove such cause, provided it is immediately reported in writing within forty-eight hours of specific cause.
(Ord. MC-298, 8-17-83)