Contract seems to shield Troy from liability in pipe rupture
The details of the contract are emerging as Troy works to repair a ruptured water main that has left Halfmoon, Waterford and the residents and businesses in those two southern Saratoga County towns without a reliable water supply.The pipe burst Sunday.
For the purposes of this subsection, the word 'accident' shall mean any occurrence occasioned by the consequences of any act of God as hereinafter defined, act of public enemy, wars, blockades, riots, natural disasters, civil disturbances, labor strikes, power failures, explosions, or any cause which is not within the control of the City, or which the City is unable to overcome by the exercise of due diligence.
The contract goes on to say, "neither the City nor the Buyer shall be liable in damages or otherwise for failure to perform any obligation under this agreement, which failure is occasioned by or in consequence of any act of God, act of public enemy, wars, blockades, insurrections, riots, epidemics, landslides, lightning, earthquakes, fires, storms, floods, washouts, arrests and restraints of rulers and peoples, civil disturbances, labor strikes, power failures, explosions, breakage or accident to machinery or lines of pipe..."