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1 CONFIDENTIAL <br /> In the event the City does not have sufficient capacitors installed,the City within <br /> 30 days after written notice from the Agency of such a deficiency,shall correct the deficiency or <br /> else provide the Agency with a written commitment to correct the deficiency. In the event the <br /> City makes a written commitment to add capacitors,the City shall exert its best efforts to <br /> expeditiously bring such equipment into service and to complete installation within one year from <br /> the initial notice or within such other time established by mutual agreement between the parties. <br /> If the additional capacitors are not installed within the allowed time and the Agency installs or <br /> has installed power factor control equipment,Agency shall bill the City a facilities fee based upon <br /> the Agency's cost of an equivalent amount of power factor control equipment. <br /> SECTION 6. Continuity of Service <br /> (a) In the event the Agency is prevented from delivering or the City is prevented <br /> from receiving electric power and energy as provided for in this Agreement by cause beyond its <br /> control including,but not limited to,acts of God,strikes,injunctions,breakdown,or the purpose <br /> of making repairs which by due diligence and foresight such party could not reasonably have <br /> been expected to avoid,neither party to this Agreement shall be liable to the other for its inability <br /> to perform. Both parties shall be prompt and diligent in removing and overcoming the cause of <br /> any interruption,but nothing in this Agreement shall be construed as permitting the Agency to <br /> refuse to deliver,or the City to refuse to receive electric service after the cause of interruption has <br /> been removed. <br /> (b) The Agency reserves the right to disconnect service in the event service to the <br /> City results in trouble on the Agency's system including,but not limited to: interruptions, <br /> grounds,radio or telephone interference,surges or objectionable voltage fluctuations,where such <br /> trouble is caused by the operation of the facilities of the City if,after giving notice in writing to <br /> the City of such trouble,the City fails to remedy the causes of the trouble within a reasonable <br /> time. <br /> 7 <br />