Detailed Instructions: In this task, you will be shown a prompt from a judicial decision and multiple holding statements derived from citations following text in a legal decision. Holdings represent the governing legal rule when the law is applied to a particular set of facts. There are five answer choices for each citing text. The correct answer is the holding statement that corresponds to the citing text. The four incorrect answers are other holding statements. You should find the correct option. There is a <HOLDING> token in the position of the citing text prompt where the holding statement was extracted.
Problem:an indemnitee's own negligence. The phrase must be read in the context of the entire contract. If the contract warrants it, though, the use of the phrase "any and all" may indicate, as COSCO contends, that the parties intended an indemnitee be indemnified, even for the indemnitee's own negligence. See, e.g., Economy Mechanical Industries, Inc. v. T.J. Higgins Co., 294 Ill. App. 3d 150, 155 (1997) (interpreting contract language which provided that "[indemnitor] will at all times protect, indemnify and save and keep harmless the [indemnitee] against and from any and all loss, cost, damage or expense, arising out of or from any accident or other occurrence" to provide indemnification for an indemnitee's own negligence (emphasis omitted)); Rios v. Field, 132 Ill. App. 2d 519, 522 (1971) (<HOLDING>); Haynes v. Montgomery Ward & Co., 47 Ill. App.
Holding statements: (A) holding that the clause any dispute that shall arise between the parties with reference to the interpretation of this agreement or their rights with respect to any transaction involved was broad (B) holding that the modifying phrase in any manner is sufficiently broad to include attempts to evade taxes by concealing assets to protect them from execution or attachment (C) holding that claims of breach of fiduciary duty negligence and fraud were subject to arbitration in light of broad arbitration clause which called for arbitration of any controversy arising out of or relating to this agreement breach thereof or any aecounts (D) holding that the judicial admission exception did not apply to prove the existence of an oral agreement for the sale of stock where the defendant offered his deposition testimony acknowledging that the parties agreed to have a document transferring the stocks drafted by an attorney because the defendants references to the agreement were in terms of a tentative or incomplete agreement and because any admission of such a contract would necessarily have to include a statement of the price and quantity terms (E) holding that the use of the phrase any and all even if it is the sole descriptive reference to the cause of the injury claim or loss indemnified can render an agreement sufficiently broad to include indemnification for claims or injuries caused by indemnitees own negligence subject to any limitations in the agreement
Solution:
(E)