(D) Notwithstanding the other provisions of this Section, a “contract of carriage for drivers” does not include the Intermodal Interchange Agreement and uniform access facilities operated by the Intermodal Association of North America, as such agreement may be amended by the Intermodal Interchangeable Executive Committee. In an indemnification clause, the party (the indemnifying party) who has been compensated undertakes to “keep, keep indemnity and defend the indemnifying party (the debtor) in the standard contractual language against actions and losses resulting from the acts or negligence of the indemniting party”. (A) Notwithstanding any other legal provision, any provision, clause, agreement or agreement that appears in or affects the warranties relating to a driver`s contract of carriage, which purports to maintain or maintain unharmed the promise of the contract of or against liability for loss or damage resulting from negligence, intentional acts or omissions of the promise of the contract; or any agent, employee, agent or independent contractor directly responsible for the promise of the contract, contrary to the public policy of that State and unenforceable. In previous blogs, we have discussed what can happen if non-compete obligations and confidentiality agreements go too far or are contrary to public order – they become unenforceable. The same applies to other common clauses in business contracts. Today, we are looking at the indemnification clause that was recently the subject of a case before the South Carolina Court of Appeals. The General Court found that the clause in question was worded in such a way that it was contrary to the public policy of the State and was therefore not applicable. . . .
octobre 6, 2021 In