W. Va. Code R. § 166-1-4

Current through Register Vol. XLI, No. 50, December 13, 2024

Section 166-1-4 - Liability

4.1. Independent Acts - It is expressly understood and agreed that the Applicant is and shall at all times throughout the application process be an independent contractor and operator, responsible to all parties for its acts and omissions, and that the West Virginia Public Port Authority and the State of West Virginia shall in no way be responsible therefor.

The applicant hereby assumes all risks incident to or in connection with its business to be conducted throughout the application and development process, and agrees to indemnify, defend and save harmless the West Virginia Public Port Authority, its members, officers, employees and agents, from any and all claims, suits, losses, or damages for injuries to persons or damage to property of whatsoever kind or nature rising directly or indirectly out of the operation of the "Port District", by its members, officers, employees or agents.