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(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.)
No Provider shall refuse to employ any person in any capacity in the operation or maintenance of its service in the City on account of the race, color, religion or sex of such person and shall comply with all other laws governing discrimination in employment.
(Ord. 1038-98. Passed 9-29-98.)
The City reserves the right to acquire all or any part of the Utility Facilities located within the City of Toledo which are owned by a Provider free and clear of all mortgage and other liens, in accordance with the eminent domain laws of the State of Ohio and the Constitution and laws of the United States. Nothing contained in this chapter shall prevent the Provider from asserting, or the City from opposing, that just compensation, determined as part of an eminent domain proceeding, for the Provider should include recovery by the Provider of stranded costs and/or competitive transition charges associated with the transition of the electric utility industry in Ohio to a more competitive environment, to the extent permitted by state or federal law on the Utility Facilities sought by the City. However, any such request for such stranded costs/competitive transition charges as part of just compensation in an eminent domain proceeding shall be associated with the actual generation, transmission or distribution facilities sought by the City as part of said eminent domain proceeding and shall not include any stranded costs/competitive transition charges associated with the real property on which such generation, transmission or distribution facilities sought by the City are located.
(Ord. 1038-98. Passed 9-29-98.)
The Provider shall cooperate with the City with respect to the sale and/or transmission of wholesale power (wholesale wheeling) in accordance with all federal laws or regulations relating thereto, including but not limited to, the Energy Policy Act of 1992 subject to the provisions as to compliance in Section 947.02(f).
(Ord. 1038-98. Passed 9-29-98.)