Certain indemnification clauses void and unenforceable.
1.Except as otherwise provided in this section and notwithstanding any other provision of law, a provision, clause, covenant or other agreement contained in, collateral to or affecting a contract concerning motor carrier transportation that purports to indemnify, defend or hold harmless, or has the effect of indemnifying, defending or holding harmless, a promisee from or against any liability for loss or damage resulting from the negligent or intentional acts or omissions of the promisee is against the public policy of this State and is void and unenforceable.
2.This section does not apply to agreements, including, without limitation, the Uniform Intermodal Interchange and Facilities Access Agreement administered by the Intermodal Association of North America, providing for the interchange, use or possession of intermodal chassis or other intermodal equipment.
3.As used in this section:
(a)“Contract concerning motor carrier transportation” means a contract, agreement or understanding covering:
(1)The transportation of property for compensation or hire by a motor carrier;
(2)The entrance onto property by a motor carrier for the purpose of loading, unloading or transporting property for compensation or hire; or
(3)A service incidental to the activity described in subparagraph (1) or (2), including, without limitation, storage of property.
(b)“Promisee” means a party to a contract concerning motor carrier transportation with a promisor and any agent, employee or independent contractor of the promisee, or of any other person, who is directly responsible to the promisee. The term does not include a motor carrier that is a party to a contract concerning motor carrier transportation with a promisee and any agent, employee or independent contractor of the motor carrier who is directly responsible to the motor carrier.
Section 706.298 — Certain indemnification clauses void and unenforceable.,