In my opinion, Wallach v. Garside is directly applicable to the problem before me. The indemnity clause in that case provides: LIABILITY - The Vendor acknowledges that he is an independent contractor and shall indemnify, protect and save harmless the Purchaser, its agents, employees, successors and assigns from any and all damages, liabilities and claims of whatsoever nature arising out of the furnishing by the Vendor, its agents or employees, of the materials and/or performing of the services covered by this order or incidental or ancillary thereto.
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