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2018 Indiana Code
TITLE 26. Commercial Law
ARTICLE 2. COMMERCIAL TRANSACTIONS
CHAPTER 5. Construction or Design Contracts; Indemnity Agreements Invalid
26-2-5-1. Indemnity agreements against public policy as void and unenforceable; exception
Universal Citation: IN Code § 26-2-5-1 (2018)
IC 26-2-5-1 Indemnity agreements against public policy as void and unenforceable; exception
Sec. 1. All provisions, clauses, covenants, or agreements contained in, collateral to, or affecting any construction or design contract except those pertaining to highway contracts, which purport to indemnify the promisee against liability for:
(1) death or bodily injury to persons;
(2) injury to property;
(3) design defects; or
(4) any other loss, damage or expense arising under either (1), (2) or (3);
from the sole negligence or willful misconduct of the promisee or the promisee's agents, servants or independent contractors who are directly responsible to the promisee, are against public policy and are void and unenforceable.
Formerly: Acts 1975, P.L.276, SEC.1.
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