(a)Notwithstanding any other provision of law, any
provision, clause, covenant or agreement contained in a motor
carrier transportation contract or a related access agreement
under which the motor carrier transporter enters on property for
the purpose of loading, unloading or transporting property, to
the extent that the contract purports to indemnify, defend or
hold harmless or has the effect of indemnifying, defending or
holding harmless the indemnitee from or against any liability
for loss or damage resulting from its own negligence or
intentional acts or omissions is against the public policy of
this state and is void and unenforceable. For purposes of this
section, "motor carrier transportation contract" means a
contract, agreement or understanding regarding:
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(a) Notwithstanding any other provision of law, any
provision, clause, covenant or agreement contained in a motor
carrier transportation contract or a related access agreement
under which the motor carrier transporter enters on property for
the purpose of loading, unloading or transporting property, to
the extent that the contract purports to indemnify, defend or
hold harmless or has the effect of indemnifying, defending or
holding harmless the indemnitee from or against any liability
for loss or damage resulting from its own negligence or
intentional acts or omissions is against the public policy of
this state and is void and unenforceable. For purposes of this
section, "motor carrier transportation contract" means a
contract, agreement or understanding regarding:
(i) The transportation of property for compensation
or hire;
(ii) Entrance on property for the purpose of loading,
unloading or transporting property for compensation or hire; or
(iii) A service incidental to activity described in
paragraphs (i) and (ii) of this subsection.
(b) Subsection (a) of this section shall not apply to a
contract, subcontract or agreement that concerns or affects
transportation involving a railroad. As used in this section,
"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, containers or other intermodal
equipment.