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  • PART I ADMINISTRATION OF THE GOVERNMENT
  • TITLE XIV PUBLIC WAYS AND WORKS
  • CHAPTER 85 REGULATIONS AND BY-LAWS RELATIVE TO WAYS AND BRIDGES
  • Section 37 Indemnity provision in motor carrier transportation contracts void and unenforceable

Section 37. Notwithstanding any general or special law to the contrary, any provision, clause, covenant or agreement contained in a motor carrier transportation contract that purports to indemnify, defend or hold harmless, or has the effect of indemnifying, defending or holding harmless, an indemnitee from or against any liability for loss or damage resulting from such indemnitee’s negligence or intentional acts or omissions shall be void and unenforceable. For the purposes of this section, “motor carrier transportation contract” shall mean a contract, agreement or understanding entered into, renewed, modified or extended on or after July 1, 2012, concerning (i) the transportation of property for compensation or hire; (ii) the entry on public or private property for the purpose of loading, unloading or transporting property for compensation or hire; or (iii) a service incidental to the activities under clauses (i) and (ii); provided however, that “motor carrier transportation contract” 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 or containers or other intermodal equipment.