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<section article="gcj" article_name="Courts and Judicial Proceedings" number="5-401" title_number="5" title_name="Limitations, Prohibited Actions, and Immunities" subtitle_number="4" subtitle_name="Immunities and Prohibited Actions -- Businesses, Associations, and Charities">
  <level label="a">
    <level label="1">
      <text>A covenant, promise, agreement, or understanding in, or in connection with or collateral to, a contract or agreement relating to architectural, engineering, inspecting, or surveying services, or the construction, alteration, repair, or maintenance of a building, structure, appurtenance or appliance, including moving, demolition, and excavating connected with those services or that work, purporting to indemnify the promisee against liability for damages arising out of bodily injury to any person or damage to property caused by or resulting from the sole negligence of the promisee or indemnitee, or the agents or employees of the promisee or indemnitee, is against public policy and is void and unenforceable.</text>
    </level>
    <level label="2">
      <text>A covenant, a promise, an agreement, or an understanding in, or in connection with or collateral to, a contract or an agreement relating to architectural, engineering, inspecting, or surveying services, or the construction, alteration, repair, or maintenance of a building, a structure, an appurtenance, or an appliance, including moving, demolition, and excavating connected with those services or that work, purporting to require the promisor or indemnitor to defend or pay the costs of defending the promisee or indemnitee against liability for damages arising out of bodily injury to any person or damage to property caused by or resulting from the sole negligence of the promisee or indemnitee, or the agents or employees of the promisee or indemnitee, is against public policy and is void and unenforceable.</text>
    </level>
    <level label="3">
      <text>This subsection does not affect the validity of any insurance contract, workers’ compensation, any general indemnity agreement required by a surety as a condition of execution of a bond for a construction or other contract, or any other agreement issued by an insurer.</text>
    </level>
  </level>
  <level label="b">
    <level label="1">
      <level label="i">
        <text>In this subsection the following words have the meanings indicated.</text>
      </level>
      <level label="ii">
        <text>“Motor carrier” has the meaning stated in § 11–134.2 of the Transportation Article.</text>
      </level>
      <level label="iii">
        <level label="1">
          <text>“Motor carrier transportation contract” means a contract, agreement, or understanding concerning:</text>
        </level>
        <level label="A">
          <text>The transportation of property for compensation or hire by a motor carrier;</text>
        </level>
        <level label="B">
          <text>The entrance on property by a motor carrier for the purpose of loading, unloading, or transporting property for compensation or hire; or</text>
        </level>
        <level label="C">
          <text>A service incidental to an activity described in item A or B of this subsubparagraph, including storage of property.</text>
        </level>
        <level label="2">
          <text>“Motor carrier transportation contract” does not include:</text>
        </level>
        <level label="A">
          <text>The Uniform Intermodal Interchange and Facilities Access Agreement administered by the Intermodal Association of North America, as amended by the Intermodal Interchange Executive Committee; or</text>
        </level>
        <level label="B">
          <text>Other agreements providing for the interchange, use, or possession of intermodal chassis, containers, or other intermodal equipment.</text>
        </level>
      </level>
      <level label="iv">
        <text>“Promisee” includes an agent, employee, servant, or independent contractor who is directly responsible to the promisee, other than a motor carrier that is a party to a motor carrier transportation contract with the promisee, and an agent, employee, servant, or independent contractor directly responsible to that motor carrier.</text>
      </level>
    </level>
    <level label="2">
      <text>Notwithstanding any other provision of law, a provision, clause, covenant, or agreement contained in, collateral to, or affecting a motor carrier transportation contract that purports to indemnify, defend, or hold harmless, or has the effect of indemnifying, defending, or holding harmless, the promisee against liability for loss or damage resulting from the negligence or intentional acts or omissions of the promisee is against public policy and is void and unenforceable.</text>
    </level>
  </level>
</section>
