City Not Liable. CUSTOMER shall not hold the CITY liable for failure to deliver irrigation water if a reasonable situation preventing such delivery exists or for delivery of water that is not of sufficient quality. Such situations shall include, but not be limited to: (a) A lack of irrigation water due to a loss or lack of flow to the treatment plant or due to process failure. (b) Contamination in the irrigation water making it unusable for approved uses, including without limitation, excessive chloride levels. (c) Equipment or material failure in the irrigation water delivery system, including storage and pumping. (d) An act of God that makes delivery of irrigation water by the CITY not reasonably feasible or impossible. (e) Other plant upsets caused by mechanical or a biological process that would prevent delivery of irrigation water to the system.
Appears in 4 contracts
Samples: Irrigation Water Agreement, Irrigation Water Agreement, Irrigation Water Agreement
