48 C.F.R. § 52.247-21

52.247-21 Contractor Liability for Personal Injury and/or Property Damage.

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As prescribed in 47.207-7(c), insert the following clause in solicitations and contracts for transportation or for transportation-related services:

Contractor Liability for Personal Injury and/or Property Damage (APR 1984)

(a) The Contractor assumes responsibility for all damage or injury to persons or property occasioned through the use, maintenance, and operation of the Contractor's vehicles or other equipment by, or the action of, the Contractor or the Contractor's employees and agents.

(b) The Contractor, at the Contractor's expense, shall maintain adequate public liability and property damage insurance during the continuance of this contract, insuring the Contractor against all claims for injury or damage.

(c) The Contractor shall maintain Workers' Compensation and other legally required insurance with respect to the Contractor's own employees and agents.

(d) The Government shall in no event be liable or responsible for damage or injury to any person or property occasioned through the use, maintenance, or operation of any vehicle or other equipment by, or the action of, the Contractor or the Contractor's employees and agents in performing under this contract, and the Government shall be indemnified and saved harmless against claims for damage or injury in such cases.

(End of clause)
Notes of Decisions
Cited in 1 case, 2009–2009 · leading case: Harris v. Kellogg, Brown & Root Servs., Inc., 618 F. Supp. 2d 400 (W.D. Pa. 2009).
Harris v. Kellogg, Brown & Root Servs., Inc., 618 F. Supp. 2d 400 (W.D. Pa. 2009). “246-25' — Limitation of Liability — Services; 48 C.F.R. 52.247-21 Contractor Liability for Personal Injury and/or Property Damage; 48 C.”
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