01-14-1985 Council Packet - Laserfiche WebLink

Home Browse Search

1 . If bills vrc not µ►id %vh-:n and as provided, Company shall all hive the right to cease furaishing street lighu,►g sem ice and Cu :torn(.!r':s liability shall not be avoided nor any right of Company vraivcd by said acts of Customer and Company. Z. In the event Coi--ipany is prevented from performing the contract, wholly or in part by reason of any cause not reasonably within its control, i;►uluding fire, explosicn, flood, strike, or unavoidable accident, federal State or Municipal interference, Company will (except in the event of a practically total destruction of its prop- erty or a practically total suspension of its business) proceed with r-11 reasonable diligence to put itself and its works in condition to resume and continue the supply of electric energy and the performance of the contract. During the existence of such interruption or cessation, Company will furnish as much electric energy, and other service called for by the contract as it is able to furnish, pro-rata, with the rightful requirements of its own uses and the uses of other customers. - In the event of the total or partial interruption of service by reason of any cause not within the control of Company, including the above mentioned causes, it is understood that Company shall not be liable for damages caused by such interruption of service:, except to the extent of a pro-rata reduction in the charge for streot lighting service. 3. It is und: rstood that all poky, ��ires, fixtures, ;jpparatus and other material as r.wy be used by Company in carrying out the contract shall be t►nd reina in the property of Company and that Company shall hove the right tc ::;s.'all the same on publ:c streets and alleys of Customer andl to remove the same upon expiratic,n of the contract. 4. Customer grant!, to Company during the term hereof, authority to cut or trim all trees and shrubs in streets and alleys of Customer that interfere with the proper erection and maintenance of said poles, wires, fixtures, apparatus , and other material. S. The rates specified in the contract are Company's rates in ef:ect on the date thereof in communities which are similarly served and situated. If, during a contract term, -Company reduces such rates„ Company agrees to notify Customer and Customer may obtain service at the reduced rates by signing a new contract incorporating such reduced rates. If, during a contract term, Compam 'ncreases such rates, Corni-any reserics the right, on at least ? prior %`lrltten notice to Ctmtnm^r, to male such increased rate, ve on service furnished; ho,vcvcr, Customer mi►y, by prior writtr:,, ,,,,cicc to Cornpany, terminate tho co -►tract rat Ow effec! ivc date of the increased rates. -3-