§ 20-155. Liability and responsibility for damage or injury and disclaimer of warranties.

(a)

City shall assume all responsibility for water and/or wastewater services and facility up to and including the point of delivery. Customer shall assume all responsibility for service and facilities beyond the point of delivery. City and customer shall agree to service and facilities beyond the point of delivery. City and customer shall agree to indemnify and save the other harmless from and against all claims, demands or causes of action of any typed whether sounding in tort or in contract, for costs or expenses for loss, damage or injury to persons or property in any manner arising, directly or indirectly, from service or from facilities on their respective sides of the point of delivery or discharge except where such claimed loss, damage or injury shall be shown to have been solely caused by the negligence of the other. In no event shall city be liable for any consequential damages.

(b)

City shall not be liable to customer for damages occasioned by interruptions, irregularities or failure to commence service caused by or contributed to, governmental or municipal action of authority, litigation, public enemies strikes, acts of God, order of any court or judge granted in any bona fide adverse legal proceeding or action in any order of any commission or tribunal having jurisdiction in the premises, any other act or thing reasonably beyond the control of the city, or as authorized elsewhere in this article.

(c)

City shall make no warranties whatsoever with regard to the provision of service and disclaims any and all warranties, express or implied, including, but not limited to warranties of merchantability or fitness for a particular purpose.

(Ord. No. 2010-01, § 5, 1-11-2010)