2006 New York Code - Agreements Exempting Owners And Contractors From Liability For Negligence Void And Unenforceable; Certain Cases.



 
    § 5-322.1. Agreements  exempting owners and contractors from liability
  for negligence void and unenforceable; certain  cases.  1.  A  covenant,
  promise,  agreement  or  understanding  in,  or  in  connection  with or
  collateral to a contract or  agreement  relative  to  the  construction,
  alteration,   repair   or   maintenance   of   a   building,  structure,
  appurtenances and appliances including moving, demolition and excavating
  connected therewith,  purporting  to  indemnify  or  hold  harmless  the
  promisee  against  liability  for damage arising out of bodily injury to
  persons or damage to property contributed to,  caused  by  or  resulting
  from  the  negligence  of  the  promisee,  his  agents  or employees, or
  indemnitee, whether such negligence be in whole or in part,  is  against
  public  policy and is void and unenforceable; provided that this section
  shall not affect  the  validity  of  any  insurance  contract,  workers'
  compensation agreement or other agreement issued by an admitted insurer.
  This subdivision shall not preclude a promisee requiring indemnification
  for  damages  arising  out  of  bodily  injury  to  persons or damage to
  property caused by or resulting from the negligence  of  a  party  other
  than the promisee, whether or not the promisor is partially negligent.
    2.  The  provisions  of  this  section  shall only apply to covenants,
  promises, agreements or understandings in,  or  in  connection  with  or
  collateral  to a contract or agreement, as enumerated in subdivision one
  hereof, entered into on or after the thirtieth day next  succeeding  the
  date on which it shall have become a law.

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