S.D. Admin. R. 70:04:05:16

Current through Register Vol. 51, page 67, December 16, 2024

Section 70:04:05:16 - Permittees to indemnify department

A permittee shall indemnify the department and save it and its officers and employees harmless from any of the following:

(1) All suits, actions, or claims of any kind brought because of any injuries or damage received or sustained by any person, persons, or property because of any of the following reasons:

(a) The permittee's use and occupancy of the right-of-way designated in the permit;

(b) Any neglect in safeguarding the work;

(c) Use of defective materials in constructing the work; or

(d) Any act, omission, neglect, or misconduct of the permittee;

(2) Any claim arising or amounts recovered under worker's compensation laws or any other law, ordinance, order, or decree; or

(3) Any claim arising from routine maintenance, engineering, or construction work within the right-of-way by the department.

S.D. Admin. R. 70:04:05:16

SL 1975, ch 16, § 1; transferred from § 70:01:08:21, 11 SDR 112, effective 2/25/1985; transferred from § 70:01:08:37, effective 11/1/1986; 13 SDR 129, 13 SDR 134, effective 7/1/1987; 15 SDR 185, effective 6/4/1989.

General Authority: SDCL 31-26-22.

Law Implemented: SDCL 31-26-22.