When cranes, hoists, conveyors, lift trucks, tractors, and other equipment, including rigging supplied by Lessor, which are used in the moving or lifting of cargoes (hereinafter called “Leased Equipment”) are leased to others, it is expressly understood that such Leased Equipment will be operated under the direction and control of the Lessee, and the Lessee shall be responsible for the operation thereof and assume all risks for injuries or damages which may arise from or grow out of the use or operation of said Leased Equipment.
Lessee, by acceptance of such Leased Equipment, agrees to fully protect, indemnify, reimburse, and save harmless the Georgia Ports Authority and its employees against any and all causes of action, suits, claims, damages, and demands, of whatever kind or nature, including claims for consequential property damage, natural resource damage, loss of income and earnings, civil or criminal fines that are incident to or result from the lessee’s operations on the property of the Authority and the use of the Authority’s facilities (hereinafter “damages”) and shall defend the Authority from any legal or equitable action brought against the Authority based on said damages, and pay all expenses and attorneys’ fees in connection therewith. Should said Leased Equipment be damaged or destroyed while so leased (except when caused by natural perils such as windstorm, flood, fire, or earthquake, or by structural failure not resulting from operation of said equipment beyond its rated capacity), Lessee shall pay for all necessary repairs to or replacement of said equipment, but shall not be responsible for damages resulting from loss of use.
This rule is not be construed as requiring any Lessee to indemnify or hold harmless the Authority for that portion or percentage of such losses, if any, caused by the negligence of the Georgia Ports Authority.
It is incumbent upon the Lessee to make a thorough inspection and to satisfy himself as to the physical condition and capacity of the Leased Equipment, as well as the competency of operator (including any operator supplied by Lessor with said equipment), there being no representations or warranties with reference to such matter.