In John E. Branagh & Sons v. Witcosky (1966) 242 Cal.App.2d 835, the trial court held that an indemnity agreement was sufficiently specific to provide for recovery by the indemnitee where both the indemnitee and the indemnitor were guilty of active negligence. On appeal, the indemnitor's sole contention was that the indemnitee was precluded by public policy from recovering because his negligence consisted of a violation of a state safety order. (242 Cal.App.2d at p. 837.) In the course of its opinion rejecting that contention, the court characterized the agreement as one which "expressly provides for indemnity where the loss is occasioned by the concurrent negligence of the indemnitee and the indemnitor." ( Id., at p. 842.) The clause in question, quite similar to that at issue here, provided for agreement by the subcontractor "'To fully indemnify and save harmless the Contractor and Owner against any and all loss, damage, liability, claim, demand, suit or cause of action resulting from injury or harm to any person or property arising out of or in any way connected with the performance of work under this subcontract, excepting only such injury or harm as may be caused solely and exclusively by the fault or negligence of Contractor.'" ( Id., at p. 836, fn. 2.) In the course of its opinion, the court characterized that agreement as one which "expressly provides for indemnity where the loss is occasioned by the concurrent negligence of the indemnitee and the indemnitor." ( Id., at p. 842.)