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COUNCIL MEETING <br />November 24, 1986 <br />furnish safe, adequate and continuous service, subject, however, <br />to the further provisions of this section. <br />,.6.1.1. Failure to Deliver or Receive Gas. The Grantee is <br />not liable to any of its customers or to the City for its failure <br />to deliver gas, and said customers and the City are not liable to <br />the Grantee for their failure to receive gas when such failure is <br />dua to any of the following causes: accident to or breakage of <br />pipelines, machinery or equipment; fires or floods, weather <br />conditions; strikes; riots; inability of the Grantee's pipeline <br />supplier t"o furnish an adequate supply; legal impediments, acts <br />of Cod or' public enemy; shutdowns for necessary repairs or <br />maintenance; or without limitation by enumeration, any other <br />cause beyond the reasonable control of the parties failing to <br />deliver or receive gas. If gas service by the Grantee is <br />temporarily suspended for any of said causes, occurring through <br />no fault or negligence of the Grantee, such suspension shall not <br />form the basis for any action or proceeding to terminate this <br />franchise. <br />G.1.2. Negligence Not Excused. Section 6.1.1 is not <br />intended to relieve any person of liability for damages or <br />expenses caused or contributed to by his own negligence which is <br />the proximate cause of his failure to deliver or receive gas. <br />6.1.3. Remedial Action. A party failing to deliver or <br />receive gas for any of the causes enumerated in Section 6.1.1 <br />shall promptly and diligently take such action as may be <br />reasonably necessary and practicable under the then existing <br />circumstances to remove the cause of failure and resume the <br />delivery or receipt of gas. <br />1 <br />1 <br />1 <br />