Utah Code Title 72. Transportation Code § 72-17-108. Agreements to indemnify in a railroad contract

Current as of January 01, 2025 | Updated by Findlaw Staff

(1) The provisions of this section apply beginning on May 7, 2025.

(2) As used in this section:

(a) “Railroad contract” means a contract or agreement between:

(i) a railroad; and

(ii) another person that could be subject to a civil penalty or fine issued pursuant to this chapter.

(b) “Indemnification provision” means a covenant, promise, agreement, or understanding in, in connection with, or collateral to a railroad contract that requires the person to insure, hold harmless, indemnify, or defend the railroad against liability, if:

(i) the damages arise out of a civil penalty issued pursuant to this chapter; and

(ii) the damages are caused by or resulting from the fault of the railroad or the railroad's agents or employees.

(3) Except as provided in Subsection (4), an indemnification provision in a railroad contract is against public policy and is void and unenforceable.

(4) If an indemnification provision is included in a railroad contract, in any action for damages described in Subsection (2)(b)(i), the railroad may seek indemnification from another party to a railroad contract pro rata based on the proportional share of fault of each party, if:

(a) the damages are caused in part by the party other than the railroad; and

(b) the cause of the damages arose at a time when the party other than the railroad was operating pursuant to the railroad contract.

(5) This section may not be construed to impair a contract in existence before May 3, 2023.

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Cite this article: FindLaw.com - Utah Code Title 72. Transportation Code § 72-17-108. Agreements to indemnify in a railroad contract - last updated January 01, 2025 | https://codes.findlaw.com/ut/title-72-transportation-code/ut-code-sect-72-17-108/

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