Transport Labor Contract/Leasing, Inc. & Subsidiaries - Page 69

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          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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Last modified: May 25, 2011