A. Service Failures: All waterworks service supplied by the waterworks system shall be upon the express condition that the city shall not be liable nor shall any claim be made against it for damages or injury caused by reason of the breaking of any main, branches, service pipes, apparatus or appurtenances connected with said system or any part or portion thereof, or for any interruption of the supply by reason of the breakage of machinery, or by reason of stoppage, alterations, extensions or renewals.
B. Interruption Of Service: The city reserves the right to shut off water at any time in the mains for the purpose of repairing, cleaning, making connections with or extensions to same, or for the concentrating of water in any part of the city, and for restricting the use of water in case of deficiency in supply, including the suspension of the use of water for sprinkling lawns or gardens. No claim shall be made against the city by reason of the breaking of any service pipe or service cock, or damage arising from shutting off of water for repairing, laying or relaying mains, hydrants or other connections, or repairing any part of the waterworks system, or from failure of the water supply, or by increasing or decreasing the water pressure at any time, or from concentrated or restricted use of water as above.
C. Indemnification Of City: The city does not waive the immunities provided by law to itself, its officers, officials, employees, or agents, including, but not limited to, those under the Illinois tort immunity act 1 . However, to the extent any liability may exist for which said immunity does not apply, by accepting service, each consumer does hereby release, indemnify and hold harmless the city, and each of its corporate authorities, elected and appointed officials, officers, boards, commissions, legal counsel, agents, and employees from and against the following: Any and all liability, claims, damages, losses and expenses, including, without limitation, attorney fees and costs, from any claim whatsoever related to the provision of water services, the waterworks system, or service pipes and laterals required or permitted by the city.
D. City Exempt: The city and its agents, employees and contractors shall be exempt from the provisions of this chapter where determined to be in the best interests of the city, in the opinion of the superintendent of water. (Ord. 2004-O-8, 1-20-2004)
Notes
| 1 | 1. 745 ILCS 10/1-101 et seq. |