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Q&A

Felder questions Motorola contract liability, indemnification, and warranties

New York City Council · Sep 9, 2026 · starts 2:42:50 · 2 min 34 sec

Felder asks about Motorola's liability under the contract for service interruptions, indemnification provisions, and warranty disclaimers. Gelobter says the contract includes terms about responsibilities, consequences, and deficiencies, but it would be irresponsible to comment on application before the root cause analysis is complete. Felder says they'll follow up with a letter.

Simcha Felder

Let me just find them.

Simcha Felder

Okay.

Simcha Felder

So my colleagues have asked about the liability that Motorola may have.

Simcha Felder

Under the contract, what liability does Motorola have if its software, hardware, employees, or subcontractors cause an interruption to the 911 service?

Unidentified speaker

Now, I appreciate the question.

Unidentified speaker

At this point, without having the full and complete root cause analysis, it would be premature to ascribe a particular liability.

Unidentified speaker

But we will explore not just the analysis of what happened, but also what any recourses may be.

Simcha Felder

In terms of the contract, does the contract contain indemnification provisions applicable to an outage?

Simcha Felder

Is there anything, any type of language in it?

Unidentified speaker

So I can't speak to the details of that, but what I will say is they are, in fact, required to provide an SLA, service level agreement.

Unidentified speaker

And so...

Unidentified speaker

I can address some issues related to contract.

Unidentified speaker

The contract includes terms that articulate contractor responsibilities and consequences.

Unidentified speaker

What was that?

Unidentified speaker

PA?

Unidentified speaker

Deficiencies, I'll just keep going.

Unidentified speaker

Responsibilities, consequences, and deficiencies and failures.

Unidentified speaker

However, our investigation is ongoing.

Unidentified speaker

It would be irresponsible to comment on application of those contract terms at this time.

Simcha Felder

Okay, so knowing that the city is self-insured, would it be practical to pose a liability on the vendor of a contract?

Unidentified speaker

I'm sorry, it would be practical to what?

Simcha Felder

To pose a liability on a vendor in the contract.

Unidentified speaker

I appreciate the question.

Unidentified speaker

I think until we have the root cause analysis, we probably shouldn't speak to the hypotheticals.

Simcha Felder

Does Motorola disclaim any warranties concerning the software or hardware used in the 911 system under contract?

Simcha Felder

If so, what warranties are disclaimed and what protections remain available to the city?

Unidentified speaker

What I'd like to do is to, once we are through with the root cause analysis, we'll be able to answer a lot more of these questions in detail.

Unidentified speaker

And I would like to get back to you on some of these answers.

Simcha Felder

Okay.

Simcha Felder

We'll probably follow up with a letter just to have everything in writing, and then you can share that way.

Simcha Felder

Okay.