§ 62-212. Indemnity agreements in motor carrier transportation contracts.
§ 62‑212. Indemnityagreements in motor carrier transportation contracts.
(a) A provision,clause, covenant, or agreement contained in, collateral to, or affecting amotor carrier transportation contract that purports to indemnify, defend, orhold harmless, or has the effect of indemnifying, defending, or holdingharmless the promisee from or against any liability for loss or damageresulting from the negligence or intentional acts or omission of the promiseeis against the public policy of this State and is void and unenforceable.
(b) The followingdefinitions apply in this section:
(1) Motor carriertransportation contract. A contract, agreement, or understanding covering atleast one of the following:
a. The transportationof property for compensation or hire by the motor carrier.
b. Entrance on propertyby the motor carrier for the purpose of loading, unloading, or transportingproperty for compensation or hire.
c. A service incidentalto activity described in sub‑subdivision a. or b. of this subdivision,including storage of property.
(2) Promisee. Theperson with whom the motor carrier enters into a motor carrier transportationcontract and any agents, employees, servants, or independent contractors whoare directly responsible to that person, except for motor carriers party to amotor carrier transportation contract with the person, and the motor carrier'sagents, employees, servants, or independent contractors directly responsible tothe motor carrier.
(c) Nothing containedin this section affects a provision, clause, covenant, or agreement where themotor carrier indemnifies or holds harmless the contract's promisee againstliability for damages to the extent that the damages were caused by andresulted from the negligence of the motor carrier, its agents, employees,servants, or independent contractors who are directly responsible to the motorcarrier.
(d) Notwithstanding theother provisions contained in this section, the term "motor carriertransportation contract", as defined in this section, shall not includethe Uniform Intermodal Interchange and Facilities Access Agreement administeredby the Intermodal Association of North America, or other agreements providingfor the interchange, use or possession of intermodal chassis, containers,trailers, or other intermodal equipment that contain substantially the sameindemnity provision as the provision contained in the Uniform IntermodalInterchange and Facilities Access Agreement. (2005‑185, s. 1; 2006‑264, s. 45.5(a).)