A provision, clause, covenant or agreement that is part of or
in connection with a snow removal and ice control services
contract is against public policy and void if the provision,
clause, covenant or agreement requires, or has the effect of
requiring, a service provider to:
(1) indemnify a service receiver for damages resulting
from the acts or omissions of the service receiver or the
service receiver's agents or employees; or
(2) defend a service receiver against tort liability for
damages resulting from the acts or omissions of the service
receiver or the service receiver's agents or employees.
Section 4. Applicability.
The provisions of this act:
(1) Shall apply to snow removal and ice control services
contracts entered into on or after the effective date of this
section.
(2) Shall not apply to an insurance policy, a surety
bond or workers' compensation.
Section 5. Construction.
Nothing in this act shall be construed to affect an immunity
or affirmative defense arising under other law.
Section 6. Effective date.
This act shall take effect immediately.
SECTION 1. THE TITLE OF THE ACT OF JULY 9, 1970 (P.L.484,
NO.164), ENTITLED "AN ACT RELATING TO INDEMNIFICATION AGREEMENTS
BETWEEN ARCHITECTS, ENGINEERS OR SURVEYORS AND OWNERS,
CONTRACTORS, SUBCONTRACTORS OR SUPPLIERS," IS AMENDED TO READ:
AN ACT
RELATING TO INDEMNIFICATION AGREEMENTS BETWEEN ARCHITECTS,
ENGINEERS OR SURVEYORS AND OWNERS, CONTRACTORS,
20210HB1665PN2406 - 3 -
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