Section 72-17-108 - Agreements to indemnify in a railroad contract(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:(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.Amended by Chapter 531, 2024 General Session ,§ 15, eff. 3/21/2024.Added by Chapter 42, 2023 General Session ,§ 9, eff. 3/31/2024.