(220 ILCS 50/11.5)
(Text of Section before amendment by P.A. 103-614)
Sec. 11.5.
Limitation on liability.
(a) In joining the State-Wide One-Call Notice System, a municipality's
liability,
under any membership agreement rules and regulations, for the indemnification
of (i) the entity that is in charge of or managing the System
or any officer, agent, or employee of that entity or (ii) a member of the
System or any officer, agent, or employee of a member of the System shall be
limited to claims arising as a result of the acts or omissions
of the municipality or its officers, agents, or employees or arising out of the
operations of the municipality's underground utility facilities.
(b) Subsection (a) shall not be
construed to create any additional liability for a municipality in relation to
any member of the System with which the municipality may have entered into a
franchise agreement.
If a municipality's liability for indemnification under a franchise agreement
is narrower than under this Section, the franchise agreement
controls.
(Source: P.A. 90-481, eff. 8-17-97.)
(Text of Section after amendment by P.A. 103-614) Sec. 11.5. Limitation on liability. (a) In joining JULIE, a municipality's liability, under any membership agreement rules and regulations, for the indemnification of (i) the entity that is in charge of or managing JULIE or any officer, agent, or employee of JULIE or (ii) an underground utility facility owner or operator of JULIE or any officer, agent, or employee of an underground utility facility owner or operator of JULIE shall be limited to claims arising as a result of the acts or omissions of the municipality or its officers, agents, or employees or arising out of the operations of the municipality's facilities. (b) Subsection (a) shall not be construed to create any additional liability for a municipality in relation to any underground utility facility owner or operator of JULIE with which the municipality may have entered into a franchise agreement. If a municipality's liability for indemnification under a franchise agreement is narrower than under this Section, the franchise agreement controls.(Source: P.A. 103-614, eff. 1-1-25.)
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