Union Pacific Railroad v. Kaiser Agricultural Chemical Co.

UNION PACIFIC-KAISER AGREEMENT

From 1976 and pursuant to its agreement with Kaiser Agricultural Chemical Company, the Union Pacific Railroad Company supplied tracks and service to Kaiser’s chemical facility. The trackage agreement, drafted by Union Pacific, included the following provision:

Section 9. LIABILITY.

The Industry [Kaiser] agrees to indemnify and hold harmless the Railroad Company for loss, damage or injury from any act or omission of the Industry, its employes or agents, to the person or property of the parties hereto and their employes and agents, and to the person or property of…