I agree to indemnify, protect and save harmless CMP from any and all claims, demands, causes of action and costs, including reasonable attorneys’ fees, for damages to property or injury or death to myself, my employees, or other persons, including but not limited to, payments under any Workers’ Compensation law or under any plan for employee’s disability or death benefits, which may arise out of or be caused by any act or omission related to work on any meter enclosure or CMP’s meter performed by me, my employees, agents, or subcontractors. The foregoing indemnity, hold harmless, and defense provision shall not apply in the case of claims, which arise from the sole negligence or willful misconduct of CMP. It shall apply, however, if a claim is the result of the negligence of me, my employees, agents, or subcontractors and the willful misconduct of CMP, resulting in joint misconduct or joint fault, in which case the amount of the claim for which CMP is entitled to indemnification shall be limited to that portion of such claim attributable to the negligence, misconduct or other fault of me, my employees, agents, or subcontractors. I specifically waive any immunity from the enforcement of this indemnification provision that might otherwise be provided by Maine Workers’ Compensation law or by other state or federal law or judicial decision allowing or limiting such indemnification, including without limitation, Diamond International Corp. v. Sullivan & Merritt, Inc., 493 A.2d 1043 (Me. 1985).
