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This entry was published on 2016-11-11
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SECTION 398-E
Indemnity provision in motor carrier transportation contracts
General Business (GBS) CHAPTER 20, ARTICLE 26
§ 398-e. Indemnity provision in motor carrier transportation
contracts. 1. For the purposes of this section:

(a) "motor carrier transportation contract" means a contract,
agreement or understanding covering:

(i) the transportation of property for compensation or hire by the
motor carrier;

(ii) entrance on property by the motor carrier for the purpose of
loading, unloading or transporting property for compensation or hire; or

(iii) a service incidental to activity described in subparagraph (i)
or (ii) of this paragraph, including, but not limited to, storage of
property.

(b) "promisee" means the promisee and any agents, employees, servants
or independent contractors who are directly responsible to the promisee
except for motor carriers party to a motor carrier transportation
contract with the promisee and such motor carrier's agents, employees,
servants or independent contractors directly responsible to such motor
carrier.

2. Notwithstanding any provision of law to the contrary, a provision,
clause or agreement contained in, collateral to or affecting a motor
carrier transportation contract that purports to indemnify, defend or
hold harmless, or has the effect of indemnifying, defending or holding
harmless, the promisee from or against any liability for loss or damage
resulting from the negligence or intentional acts or omissions of the
promisee is against the public policy of this state and is void and
unenforceable.

3. "Motor carrier transportation contract," as defined in this
section, shall not include the Uniform Intermodal Interchange and
Facilities Access Agreement administered by the Intermodal Association
of North America or other agreements providing for the interchange, use
or possession of intermodal chassis, containers or other intermodal
equipment.