Sec. 5. (a) This section does not apply to any of the following:

(1) An indemnity provision in which a motor carrier indemnifies a promisee for and only to the extent of loss or damage that results directly from the negligence, omission, or intentional act of the motor carrier or an agent, employee, servant, or independent contractor that is directly responsible to the motor carrier.

Terms Used In Indiana Code 8-2.1-26-5

  • Contract: A legal written agreement that becomes binding when signed.
  • indemnity provision: means a provision, a clause, a covenant, or an agreement that:

    Indiana Code 8-2.1-26-2

  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • promisee: means a person that an indemnity provision:

    Indiana Code 8-2.1-26-4

(2) An indemnity provision contained in, collateral to, or affecting a motor carrier transportation contract with a regulated public utility, including an energy utility (as defined in IC 8-1-2.5-2) or an affiliate of an energy utility, if the contract relates to a utility product, service, or business operation. For purposes of this subdivision, a contract relates to a utility product, service, or business operation if it involves an activity necessary for or ancillary to the production or delivery of heat, power and light, or a product or service under the jurisdiction of the Indiana utility regulatory commission (as described by IC 8-1-1).

(3) The Uniform Intermodal Interchange and Facilities Access Agreement administered by the Intermodal Association of North America.

     (b) Notwithstanding any other law, an indemnity provision under this chapter is:

(1) against public policy; and

(2) void and unenforceable.

As added by P.L.31-2006, SEC.1.

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