(a) The Provider, its successors and assigns, shall protect and hold the City harmless against all claims for damages or demands for damages to any person or property by reason of the provision of electric energy within the City, either directly or indirectly, or by reason of any act, negligence, or nonfeasance of the contractors, agents or employees of the Provider, its successors or assigns.
(b) The Provider shall not be deemed in violation of this chapter for the delay in performance or failure to perform in whole or in part its obligations under this chapter due to strike, war or act of war (whether an actual declaration is made or not), insurrection, riot, act of public enemy, fire, flood or other act of God or by other events to the extent that such events are caused by circumstances beyond the Provider’s control and are not caused by negligence on the part of the Provider or any person acting on its behalf. In the event that the delay in performance or failure to perform affects only part of the Provider's capacity to perform its obligations under this chapter, the Provider shall perform such obligations to the extent it is able to do so in as expeditious a manner as possible. The Provider shall promptly notify the City in writing of an event covered by this paragraph and the date, nature and cause thereof. Furthermore, the Provider, in such notice, shall indicate the anticipated extent of such delay and the obligations under this chapter to be affected thereby.
(Ord. 1038-98. Passed 9-29-98.)