I came across a proposed agreement between a Community Clean Energy (CCE) Agency and a City, that requested the City waive liability as follows (I bolded my concern): 

Notwithstanding anything to the contrary contained herein, Seller and Buyer each hereby waive and release the other from any and all claims or liability for damage to any property that is caused by or results from a risk which is actually insured against or which is required to be insured against hereunder, without regard to the negligence or willful misconduct of the entity so released.  All of Purchaser’s and Seller’s repair and indemnity obligations hereunder shall be subject to the waiver contained in this paragraph.

Have any cities been asked to agree to this sort of waiver of liability? How was the situation resolved/agreed? 


In this case, the CCE is stating they will be unable to attract solar and battery developers without this language. 

For reference, this is dangerous stuff (sever injuries to city employees): 

https://www.fox10phoenix.com/news/4-months-later-investigators-still-looking-for-cause-in-aps-battery-facility-explosion

Any thoughts or experience in this area would be greatly appricated. I believe this is a growing area of risk and eventually will effect many ACCEL cities who generate/store solar.