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01-14-1985 Council Packet
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01-14-1985 Council Packet
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ADDITIONAL CONDITIONS <br />1. If bills are not paid when and as provided, the <br />Cooperative shall have the right to cease furnishing <br />street lighting service and the Customer's liability <br />shall not be avoided nor any right of the Cooperative <br />waived by said acts of the Customer and the Compr.ny. <br />2. In the event the Cooperative is prevented from <br />performing the contract wholly or in part by reason of <br />any cause not reasonably within its control including <br />fire, explosion, flood, strike or unavoidable accident, <br />Federal or State or Municipal interference, the <br />Cooperative will (except in the event of a practically <br />total destruction of its property or a practically total <br />suspension of its business) proceed with all reasonable <br />diligence to put itself and its works in condition to <br />resume and continue the supply of electric energy and <br />the performance of the contract. During the existence <br />of such interruption or cessation, the Cooperative will <br />furnish as much electric energy and other service called <br />for by the contract as it is able to furnish, pro-rata, <br />with the rightful requirements of its own uses and the <br />uses of other customers. In the event of the total or <br />partial interruptions of service by reason of any cause <br />not within the control of the Cooperative, including the <br />above mentioned causes, it is understood that the <br />Cooperative s'ia11 net be liable for damages caused by <br />such interruption of service except to the extent of a <br />pro-rata reduction in the charge for streeL lighting <br />set -vice. <br />3. It is understood that all poles, wires, fixtures, <br />apparatus and other material as may be used by the <br />Cooperative in carrying out the contract shall be and <br />remain the property of the Cooperative and that the <br />Cooperative small have the right to install the same on <br />public streets and alleys of the Customer and to removed <br />the same upon expiration of the contract. <br />4. The Customer grants the Cooperative during the term <br />hereof, authority to cut or trim all trees and shrubs i.n <br />streets and alleys of the Customer that interfere with <br />the proper erection and maintenance of said poles, <br />wires, fixtures, apparatus and other material. <br />
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