- 69 -69
provided in pertinent part:
Lessor shall not be responsible or held liable for
any injury or damage to person or property resulting
from the use, misuse or failure of any equipment used
by Lessee and utilized by Lessor’s employees in the
performance of its services to be provided herein. In
this respect and in all other respects, Lessee shall
indemnify Lessor against all liability or loss from and
against all claims or actions based upon or arising out
of damage or injury (including death) to persons or
property caused by or sustained in the connection with
the performance of the Agreement or by conditions
created thereby or based upon any violation of any
local, state or federal rule, regulation, ordinance or
statute and the defense of any such claims or actions,
except only as to injuries sustained by Lessor’s em-
ployee, as a result of such employee’s negligence or
wrongful act of the employee.
Lessor shall not be responsible for loss or damage
to equipment or cargo of Lessee by reason of collision,
fire, flood, windstorm, explosion, or other casualty.
In this respect and in all other respects Lessee
shall indemnify Lessor against all liabilities or
losses, including but not limited to those liabilities
or losses described immediately above.
Respondent counters that petitioner “fails to distinguish
between losses incurred in the business of trucking and losses
incurred in the business of leasing employees.”
We turn first to the indemnification provision on which
petitioner relies. We find that such indemnification provision
may be read to support the respective positions of both parties
in the instant case. The indemnification provision on which
petitioner relies may be construed as implicitly acknowledging
that, absent such provision, TLC, as the employer of each driver-
employee whom it leased to a trucking company client, would have
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