SECTION 165:40-3-30. Liability  


Latest version.
  • (a)   Each party hereto shall indemnify and save the other party harmless from any loss or damage to the facilities of the other party due to the sole negligence of other party; provided however, that the producer shall provide, install, and maintain at his own expense all electrical wiring and apparatus, including any protective equipment, required either by the National Electrical Code and/or the applicable municipal code and with all requirements prescribed by any governmental authority having jurisdiction thereof, and compliance with such duty shall be a condition to liability of the company under this indemnity.
    (b)   Neither party is liable for revenue loss resulting from interruption or partial interruption of service.
    (c)   Should the producer dispute the interpretation by the cooperative/utility of the requirements of the National Electrical Code and/or any applicable municipal code, such producer may request the dispute be resolved by the Commission.
    (d)   The cooperative/utility reserves the right to refuse to connect to any wiring or apparatus which does not meet these requirements, and the cooperative/utility may, without advance notice, discontinue its connection with any producer's wiring or apparatus when a dangerous condition of wiring or equipment upon the premises of the producer is discovered.
[Source: Amended at 10 Ok Reg 2641, eff 6-25-93]