The practice of seeking indemnity that exempts a party for its own negligence is alive and well, albeit with several exceptions. It is axiomatic that a contract between parties which provides for indemnification will be enforced where the intent that one party indemnifies the other is sufficiently clear and unambiguous.1 Furthermore, “when the intent is clear, an indemnification agreement will be enforced even it if provides indemnity for one’s own or third party’s negligence.”2 And, when the intent to indemnify is clear, a court will not interpret a contracted indemnification provision in a manner that will render it meaningless. This is so even where an indemnification clause is “framed in less precise language than would normally be required when the agreement is negotiated by sophisticated parties as to risk allocation.”3
Statutory Exceptions
There are, of course, two exceptions to the rule. The first is where public policy prohibits a party from exempting itself from gross negligence.4 The second is where it is prohibited by statute.
