(1) Notwithstanding any agreement to the contrary:

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(a) A warrantor shall indemnify a dealer against and hold the dealer harmless from any cost, loss or damage, including attorney fees, arising out of a claim, action or judgment based on the warrantor’s negligence or intentional misconduct.

(b) A dealer shall indemnify a warrantor against and hold the warrantor harmless from any cost, loss or damage, including attorney fees, arising out of a claim, action or judgment based on the dealer’s negligence or intentional misconduct.

(2)(a) A dealer shall notify the warrantor of a claim or action that is subject to subsection (1)(a) of this section within 10 days of the dealer’s receipt of the claim or service of summons.

(b) A warrantor shall notify the dealer of a claim or action that is subject to subsection (1)(b) of this section within 10 days of the warrantor’s receipt of the claim or service of summons. [2003 c.377 § 17]