Common use of BILLS OF LADING Clause in Contracts

BILLS OF LADING. a. For each shipment tendered to CARRIER, CARRIER will provide to the shipper a standard xxxx of lading that is in accordance with 49 C.F.R. §373, listing the consignor and consignee, the origins and destinations, the number of packages, the description of the freight, and the weight, volume or measurement of the freight. The Parties agree that BROKER will not be a party to the xxxx of lading. b. CARRIER acknowledges that BROKER should not be listed on the xxxx of lading and that if BROKER is listed on the Xxxx of Lading as the carrier this will occur for the convenience of the shipper only and CARRIER at all times is the actual carrier of goods and BROKER’S role is limited to arranging for transportation. In the event BROKER’S name is listed on the xxxx of lading, shipping manifest or other similar document, as the carrier, CARRIER shall cross-out or otherwise remove BROKER’S name and enter CARRIER’S name as applicable. c. CARRIER understands that re-brokering and double brokering may be prohibited by law and will not re-broker, assign or interline the shipments hereunder without the express written consent of BROKER prior to the shipment being tendered to any other CARRIER. If CARRIER breaches this provision, BROKER shall have the right of paying the monies it owes CARRIER directly to the delivering carrier, in lieu of payment to CARRIER, and BROKER shall thereby be released from any further obligation to pay CARRIER. Upon Broker’s payment to delivering carrier, CARRIER shall not be released from any liability to BROKER under this Agreement. IN ADDITION TO THE INDEMNITY OBLIGATION IN PARAGRAPH 7, CARRIER WILL BE LIABLE FOR CONSEQUENTIAL DAMAGES FOR VIOLATION OF THIS PARAGRAPH. i. The Parties agree that the shipment of freight will move under the terms and conditions listed in the xxxx of lading, except where inconsistent with the terms of this Agreement. ii. CARRIER agrees to list itself on the xxxx of lading as the party in possession and control of the freight. iii. The terms and conditions of the xxxx of lading shall not operate to alter or modify the terms of this Agreement between CARRIER and BROKER. iv. CARRIER shall issue a xxxx of lading in compliance with 49 U.S.C. §80101 et seq., 49 C.F.R. §373.101 (and any amendments thereto), for the property it receives for transportation under this Agreement. Unless otherwise agreed in writing, CARRIER shall become responsible/liable for the freight when it takes/receives possession thereof, and the trailer(s) is loaded, regardless of whether a xxxx of lading has been issued, and/or delivered to CARRIER, and which responsibility/liability shall continue until delivery of the shipment to the consignee and the consignee signs the xxxx of lading or delivery receipt. Any terms of the xxxx of lading (including but not limited to payment terms, released rates or released value) inconsistent with the terms of this Agreement shall be ineffective. Failure to issue a xxxx of lading or sign a xxxx of lading acknowledging receipt of the cargo by CARRIER shall not affect the liability of CARRIER. Said Bills of Lading are intended by the Parties to be Bills of Lading, as that term is interpreted under the Xxxxxxx Amendment and applicable law and not merely as “delivery receipts”, “freight receipts” or any similar term.

BILLS OF LADING. a. For each shipment tendered to CARRIER, CARRIER will provide to the shipper a standard xxxx of lading that is in accordance with 49 C.F.R. §373, listing the consignor and consignee, the origins and destinations, the number of packages, the description of the freight, and the weight, volume or measurement of the freight. The Parties agree that BROKER will not be a party to the xxxx of lading. b. CARRIER acknowledges that BROKER should not be listed on the xxxx of lading and that if BROKER is listed on the Xxxx of Lading as the carrier this will occur for the convenience of the shipper only and CARRIER at all times is the actual carrier of goods and BROKER’S role is limited to arranging for transportation. In the event BROKER’S name is listed on the xxxx of lading, shipping manifest or other similar document, as the carrier, CARRIER shall cross-out or otherwise remove BROKER’S name and enter CARRIER’S name as applicable. c. CARRIER understands that re-brokering and double brokering may be prohibited by law and will not re-broker, assign or interline the shipments hereunder without the express written consent of BROKER prior to the shipment being tendered to any other CARRIER. If CARRIER breaches this provision, BROKER shall have the right of paying the monies it owes CARRIER directly to the delivering carrier, in lieu of payment to CARRIER, and BROKER shall thereby be released from any further obligation to pay CARRIER. Upon Broker’s payment to delivering carrier, CARRIER shall not be released from any liability to BROKER under this Agreement. IN ADDITION TO THE INDEMNITY OBLIGATION IN PARAGRAPH 7, CARRIER WILL BE LIABLE FOR CONSEQUENTIAL DAMAGES FOR VIOLATION OF THIS PARAGRAPH. i. The Parties agree that the shipment of freight will move under the terms and conditions listed in the xxxx of lading, except where inconsistent with the terms of this Agreement. ii. CARRIER agrees to list itself on the xxxx of lading as the party in possession and control of the freight. iii. The terms and conditions of the xxxx of lading shall not operate to alter or modify the terms of this Agreement between CARRIER and BROKER. iv. CARRIER Carrier shall issue a xxxx bill of lading in compliance with 49 U.S.C. §80101 et seq., 49 C.F.R. §373.101 (and any amendments thereto), for the property freight it receives for transportation under this Agreement. Unless otherwise agreed in writing, CARRIER Carrier shall become fully responsible/liable for the freight when it takes/receives possession thereof, and the trailer(s) is loaded, regardless of whether a xxxx bill of lading has been issued, and/or signed, and/or delivered to CARRIERCarrier, and which Xxxxxxx’s responsibility/liability shall continue until delivery of the shipment to the consignee and the consignee signs the xxxx bill of lading or delivery receipt. Xxxxxxx has the responsibility to inspect the cargo prior to transportation, and any damages, missing pieces, or other issues with the cargo must be communicated to broker, in writing, and noted on the bill of lading with the shipper’s signature prior to transportation. Any terms of the xxxx bill of lading (including but not limited to payment terms, released rates or released value) inconsistent with the terms of this Agreement shall be ineffective. Failure Xxxxxxx’s failure to issue a xxxx bill of lading or sign a xxxx bill of lading acknowledging receipt of the cargo by CARRIER shall not affect the liability of CARRIERCarrier as a motor carrier. Said Bills Carrier shall note on the bill of Lading are intended lading any damages or potential issues with the cargo, crating, and packaging that may affect the safe transportation of the cargo. ii. Xxxxxxx agrees that any receipt or bill of lading issued by it shall serve only as a receipt for the goods (and not as the contract of carriage nor as evidence of title) and that no other provision of a Bill of Lading’s terms and conditions shall apply, (including, but not limited to, any provision purporting to “incorporate by reference” provisions of other publications such as the Carrier’s private tariffs, the National Motor Freight Classification, or the Uniform Straight Bill of Lading) and that all transactions between Broker and Carrier shall be governed by this Agreement between Broker and Carrier, provided however that the bill of lading may also contain instructions or specifications of the shipper or consignor pertaining to the transportation of the goods covered by the Parties bill of lading which the Carrier agrees to follow or perform by issuing its bill of lading. Xxxxxxx agrees the insertion of Xxxxxx’s name on a receipt or bill of lading, in the space used to designate the carrier, is solely for the convenience of the shipper or consignor and such insertion shall not alter Broker’s status as a property broker nor cause Broker to be Bills deemed a carrier. iii. Xxxxxxx agrees that when the bill of Lading, as lading or other shipping document specifies that term the shipment is interpreted under “collect” only consignee will be liable for freight charges (regardless of whether shipper or consignor signed a “no recourse provision” on the bill of lading) and Xxxxxxx Amendment agrees to collect freight charges from consignee. Xxxxxxx agrees that Xxxxxxx will hold harmless shipper or consignor from any freight charges unless shipper and applicable law Carrier or consignor and not merely as “the Carrier agree otherwise in writing. Carrier may decline to make delivery receipts”, “freight receipts” or any similar termof the shipment without payment by consignee.

BILLS OF LADING. a. For each shipment tendered to CARRIER, CARRIER will provide to the shipper a standard xxxx of lading that is in accordance with 49 C.F.R. §373, listing the consignor and consignee, the origins and destinations, the number of packages, the description of the freight, and the weight, volume or measurement of the freight. The Parties agree that BROKER will not be a party to the xxxx of lading. b. CARRIER acknowledges agrees that BROKER should a BROKER’S name will not be listed on the xxxx of lading and that if BROKER is listed on the Xxxx of Lading listed, as the carrier this will on a xxxx of lading, unless agreed to by both parties prior to loading. Such a listing is not authorized by BROKER and if it should occur for the convenience of the shipper only and CARRIER at all times is the actual carrier of goods and listing shall not change BROKER’S role is limited to arranging for transportationstatus as a property broker nor CARRIER’S status as a motor carrier. In no event shall the event BROKER’S name is BROKER be listed or referenced on or be a party to the xxxx of lading, shipping manifest or other similar document, as the carrier, CARRIER shall cross-out or otherwise remove BROKER’S name and enter CARRIER’S name as applicable. c. CARRIER understands that re-brokering and double brokering may be prohibited by law and will not re-broker, assign or interline the shipments hereunder without the express hereunder, written consent of BROKER prior to the shipment being tendered to any other CARRIER. If CARRIER breaches this provision, BROKER shall have the right of paying the monies it owes CARRIER directly to the delivering carrier, in lieu of payment to CARRIER, and BROKER shall thereby be released from any further obligation to pay CARRIER. Upon Broker’s payment to delivering carrier, CARRIER CARRIER, shall not be released from any liability to BROKER under this Agreement. IN ADDITION TO THE INDEMNITY OBLIGATION IN PARAGRAPH 7, In addition to the indemnity obligation in Paragraph 7 CARRIER WILL BE LIABLE FOR CONSEQUENTIAL DAMAGES FOR VIOLATION OF THIS PARAGRAPHwill be liable for consequential damages for violation of this Paragraph. i. The Parties agree that the shipment of freight will move under the terms and conditions listed in the xxxx of lading, except where inconsistent with the terms of this Agreement. ii. CARRIER agrees to list itself on the xxxx of lading as the party in possession and control of the freight. iii. The terms and conditions of the xxxx of lading shall not operate to alter or modify the terms of this Agreement between CARRIER and BROKER. iv. CARRIER shall issue a xxxx of lading in compliance with 49 U.S.C. §80101 et seq., 49 C.F.R. §373.101 (and any amendments thereto)) also commonly known as the Carmark Amendment, for the property it receives for transportation under this Agreement. Unless otherwise agreed in writing, CARRIER shall become fully or constructive possession, responsible/liable for the freight when it takes/receives possession thereof, and the trailer(s) is loaded, regardless of whether a xxxx of lading has been issued, and/or delivered to CARRIER, and which responsibility/liability shall continue until delivery of the shipment to the consignee and the consignee signs the xxxx of lading or delivery receipt. Any terms of the xxxx of lading (including but not limited to payment terms, released rates or released value) inconsistent with the terms of this Agreement shall be ineffective. Failure to issue a xxxx of lading lading, or sign a xxxx of lading acknowledging receipt of the cargo cargo, by CARRIER CARRIER, shall not affect the liability of CARRIER. Said Bills of Lading are intended by the Parties to be Bills of Lading, as that term is interpreted under the Xxxxxxx Amendment and applicable law and not merely as “delivery receipts”, “freight receipts” or any similar term.

BILLS OF LADING. a. For each shipment tendered to CARRIERCARRIER shall sign a standard, CARRIER will provide to uniform straight Xxxx of Lading, produced by the shipper a standard xxxx of lading that is in accordance with 49 C.F.R. §373or Carrier, listing the consignor and consignee, the origins and destinations, the number of packages, the description of the freight, and the weight, volume or measurement of the freight. The Parties agree that other receipt acceptable to BROKER will not be a party to the xxxx of lading. b. CARRIER acknowledges that BROKER should not be listed on the xxxx of lading and that if BROKER is listed on the Xxxx of Lading as the carrier this will occur for the convenience of the shipper only and CARRIER at all times is the actual carrier of goods and BROKER’S role is limited to arranging for transportation. In the event BROKER’S name is listed on the xxxx of lading, shipping manifest or other similar document, as the carrier, CARRIER shall cross-out or otherwise remove BROKER’S name and enter CARRIER’S name as applicable. c. CARRIER understands that re-brokering and double brokering may be prohibited by law and will not re-broker, assign or interline the shipments hereunder without the express written consent of BROKER prior to the shipment being tendered to any other CARRIER. If CARRIER breaches this provision, BROKER shall have the right of paying the monies it owes CARRIER directly to the delivering carrier, in lieu of payment to CARRIER, and BROKER shall thereby be released from any further obligation to pay CARRIER. Upon Broker’s payment to delivering carrier, CARRIER shall not be released from any liability to BROKER under this Agreement. IN ADDITION TO THE INDEMNITY OBLIGATION IN PARAGRAPH 7, CARRIER WILL BE LIABLE FOR CONSEQUENTIAL DAMAGES FOR VIOLATION OF THIS PARAGRAPH. i. The Parties agree that the shipment of freight will move under the terms and conditions listed in the xxxx of lading, except where inconsistent with the terms of this Agreement. ii. CARRIER agrees to list itself on the xxxx of lading as the party in possession and control of the freight. iii. The terms and conditions of the xxxx of lading shall not operate to alter or modify the terms of this Agreement between CARRIER and BROKER. iv. CARRIER shall issue a xxxx of lading 'S CUSTOMER(S) in compliance with 49 U.S.C. X.X.X §80101 et seq.00000 et. seg, 49 C.F.R. C.F.R §373.101 (and 373.101(and any amendments amendment thereto), for the property it receives for transportation under this Agreementagreement. Unless otherwise agreed in writing, CARRIER shall become fully responsible/liable for the freight when it takes/receives possession thereof, and the trailer(s) is loaded, regardless of whether a xxxx of lading has been issued, and/or signed, and/or delivered to CARRIER, and which responsibility/liability shall continue until delivery of the shipment to the consignee and the consignee signs the xxxx of lading or delivery receipt. Any terms of the xxxx of lading (including but not limited to payment terms, released rates or released value) inconsistent with the terms of this Agreement, the terms of this Agreement shall be ineffectivecontrol. Failure to issue a xxxx of lading lading, or to sign a xxxx of lading acknowledging receipt of the cargo cargo, by CARRIER CARRIER, shall not affect the liability of CARRIER. Said Bills It is agreed that a shipper’s and/or consignor’s identification of BROKER’S name on a Xxxx of Lading are intended by shall be for be for the Parties to be Bills shipper’s/consignor’s convenience only, and such notation shall not affect or defeat BROKER’S status as a Property Broker or CARRIER’s status as a Motor CARRIER. Under no circumstances shall CARRIER execute any xxxx of Lading, as that term is interpreted under the Xxxxxxx Amendment and applicable law and not merely as “delivery receipts”, “freight receipts” lading or any similar termother document which represents or holds out BROKER as the person responsible for delivery of any freight. In the event that the terms and conditions of any Xxxx of Lading executed by CARRIER in connection with a shipment transported pursuant to this agreement shall conflict with the terms and conditions of this Agreement, the terms and conditions of this Agreement shall govern and take precedence.

BILLS OF LADING. a. For each shipment tendered to CARRIER, CARRIER will provide to the shipper DRAYMAN shall sign a standard xxxx bill of lading that is in accordance with 49 C.F.R. §373, listing the consignor and consignee, the origins and destinations, the number of packages, the description of the freight, and the weight, volume produced by shipper or measurement of the freight. The Parties agree that BROKER will not be a party to the xxxx of lading. b. CARRIER acknowledges that BROKER should not be listed on the xxxx of lading and that if BROKER is listed on the Xxxx of Lading as the carrier this will occur for the convenience of the shipper only and CARRIER at all times is the actual carrier of goods and BROKER’S role is limited to arranging for transportation. In the event BROKER’S name is listed on the xxxx of lading, shipping manifest or other similar document, as the carrier, CARRIER shall cross-out or otherwise remove BROKER’S name and enter CARRIER’S name as applicable. c. CARRIER understands that re-brokering and double brokering may be prohibited by law and will not re-broker, assign or interline the shipments hereunder without the express written consent of BROKER prior to the shipment being tendered to any other CARRIER. If CARRIER breaches this provision, BROKER shall have the right of paying the monies it owes CARRIER directly to the delivering carrier, in lieu of payment to CARRIER, and BROKER shall thereby be released from any further obligation to pay CARRIER. Upon Broker’s payment to delivering carrier, CARRIER shall not be released from any liability to BROKER under this Agreement. IN ADDITION TO THE INDEMNITY OBLIGATION IN PARAGRAPH 7, CARRIER WILL BE LIABLE FOR CONSEQUENTIAL DAMAGES FOR VIOLATION OF THIS PARAGRAPH. i. The Parties agree that the shipment of freight will move under the terms and conditions listed in the xxxx of lading, except where inconsistent with the terms of this Agreement. ii. CARRIER agrees to list itself on the xxxx of lading as the party in possession and control of the freight. iii. The terms and conditions of the xxxx of lading shall not operate to alter or modify the terms of this Agreement between CARRIER and BROKER. iv. CARRIER DRAYMAN shall issue a xxxx bill of lading or delivery receipt for the property it receives and in compliance with 49 U.S.C. §80101 et seq., 49 C.F.R. §373.101 (and any amendments thereto), for the property it receives for transportation under this Agreement. Unless otherwise agreed in writing, CARRIER XXXXXXX shall become fully responsible/liable for the freight when it takes/receives possession thereof, and the trailer(strailer(s)/container(s) is loaded, regardless of whether a xxxx bill of lading has been issued, and/or signed, and/or delivered to CARRIERDRAYMAN, and which responsibility/liability shall continue until delivery of the shipment to the consignee and the consignee signs the xxxx bill of lading or delivery receipt. Any terms of the xxxx bill of lading (including but not limited to payment and credit terms, released rates or released value) inconsistent with the terms of this Agreement shall be ineffective. Failure to issue a xxxx bill of lading lading, or sign a xxxx bill of lading acknowledging receipt of the cargo cargo, by CARRIER XXXXXXX, shall not affect the liability of CARRIERDRAYMAN. Said Bills XXXXXXX shall submit copies of Lading are intended by the Parties railroad bills of lading or other proof of delivery to be Bills of LadingBROKER, as that term is interpreted request by BROKER. (i.) XXXXXXX shall comply with applicable federal and state regulations (if any) for processing all loss and damage claims and salvage, which arise out of the discharge of XXXXXXX's duties and responsibilities hereunder. (ii.) The burden of proof for XXXXXXX's liability and damages for any cargo loss, or theft from any cause shall be determined under the Xxxxxxx Amendment and applicable law and not merely as “delivery receipts”Amendment, “freight receipts” 49 U.S.C.§14706. XXXXXXX shall be liable for up to the full invoice value of the goods while under its care, custody or any similar termcontrol.

BILLS OF LADING. a. For each shipment tendered to CARRIER, i . CARRIER will provide to the shipper shall ensure that Shipper issue a standard xxxx of lading that is in accordance with 49 C.F.R. §373, listing the consignor and consignee, the origins and destinations, the number of packages, the description of the freight, and the weight, volume or measurement of the freight. The Parties agree that BROKER will not be a party to the xxxx of lading. b. CARRIER acknowledges that BROKER should not be listed on the xxxx of lading and that if BROKER is listed on the Xxxx of Lading as the carrier this will occur for the convenience of the shipper only and CARRIER at all times is the actual carrier of goods and BROKER’S role is limited to arranging for transportation. In the event BROKER’S name is listed on the xxxx of lading, shipping manifest or other similar document, as the carrier, CARRIER shall cross-out or otherwise remove BROKER’S name and enter CARRIER’S name as applicable. c. CARRIER understands that re-brokering and double brokering may be prohibited by law and will not re-broker, assign or interline the shipments hereunder without the express written consent in absence of BROKER prior to the shipment being tendered to any other CARRIER. If CARRIER breaches this provision, BROKER shall have the right of paying the monies it owes CARRIER directly to the delivering carrier, in lieu of payment to CARRIER, and BROKER shall thereby be released from any further obligation to pay CARRIER. Upon Broker’s payment to delivering carrier, CARRIER shall not be released from any liability to BROKER under this Agreement. IN ADDITION TO THE INDEMNITY OBLIGATION IN PARAGRAPH 7, CARRIER WILL BE LIABLE FOR CONSEQUENTIAL DAMAGES FOR VIOLATION OF THIS PARAGRAPH. i. The Parties agree that the shipment of freight will move under the terms and conditions listed in the Shipper supplied xxxx of lading, except where inconsistent with the terms of this Agreement. ii. CARRIER agrees to list itself on the xxxx of lading as the party in possession and control of the freight. iii. The terms and conditions of the xxxx of lading shall not operate to alter or modify the terms of this Agreement between CARRIER and BROKER. iv. CARRIER shall issue a xxxx of lading in compliance with 49 U.S.C. §80101 et seq., 49 ,49 C.F.R. §373.101 (and any amendments thereto), for the property it receives for transportation under this Agreement. Unless otherwise agreed in writing, CARRIER shall become fully responsible/liable for the freight when it takes/receives possession thereof, and the trailer(s) is loaded, regardless of whether a xxxx of lading has been issued, and/or signed, and/or delivered to CARRIER, and which responsibility/liability shall continue until delivery of the shipment to the consignee and proper consignee, the consignee signs the xxxx of lading or delivery receipt, and nothing remains to be done by CARRIER to deliver the shipment to the proper consignee. When a shipment is refused by the consignee, or CARRIER is unable to deliver it for any reason, CARRIER’S liability as a warehouseman shall not begin until CARRIER has placed the shipment in a public warehouse or storage facility under reasonable security, and with written permission from BROKER as to an agreed public warehouse, or alternate consignee location. Any terms of the xxxx of lading (including but not limited to payment terms, released rates or released value) inconsistent with the terms of this Agreement shall be ineffectivecontrolled by the terms of this Agreement. The parties acknowledge and agree that under no circumstances shall the CARRIER’S liability be less than the actual loss or injury to the property as represented by the shipper value, BROKER’S fees associated with the shipment and the freight charges. CARRIER’S liability hereunder may not be limited by any provision purporting to limit CARRIER’S liability, including without limitation, any xxxx of lading, tariff, schedule, service guide or similar document issued by or on behalf of CARRIER. Failure to issue a xxxx of lading lading, or sign a xxxx of lading acknowledging receipt of the cargo cargo, by CARRIER CARRIER, shall not affect the liability of CARRIER. Said Bills of Lading are intended by the Parties to be Bills of Lading, as that term is interpreted under the Xxxxxxx Amendment and applicable law and not merely as “delivery receipts”, “freight receipts” or any similar term.

BILLS OF LADING. a. For each shipment tendered to CARRIER, 6.1 CARRIER will provide issue and sign a standard, uniform straight Bill of Lading, or other receipt acceptable to the shipper a standard xxxx BROKER and BROKER'S Customers, upon acceptance of goods for transportation. Bills of lading that may be upon a form prepared and presented by BROKER'S Customers. It is in accordance with 49 C.F.R. §373, listing the consignor and consignee, the origins and destinations, the number of packages, the description signing of the freightBill of Lading by CARRIER'S driver or other representative that constitutes "execution" of the Bill of Lading, not the preparation of that document. It is agreed that a shipper's and/or customer's identification of BROKER'S name on a Bill of Lading shall be for the shipper's/consignor's convenience only, and the weight, volume such notation shall not affect or measurement of the freight. The Parties agree that BROKER will not be defeat BROKER'S status as a party to the xxxx of lading. b. CARRIER acknowledges that BROKER should not be listed on the xxxx of lading and that if BROKER is listed on the Xxxx of Lading Property Broker or CARRIER'S status as the carrier this will occur for the convenience of the shipper only and CARRIER at all times is the actual carrier of goods and BROKER’S role is limited to arranging for transportationa Motor Carrier. In the event BROKER’S name is listed on the xxxx of lading, shipping manifest or other similar document, as the carrier, CARRIER shall cross-out or otherwise remove BROKER’S name and enter CARRIER’S name as applicable. c. CARRIER understands that re-brokering and double brokering may be prohibited by law and will not re-broker, assign or interline the shipments hereunder without the express written consent of BROKER prior to the shipment being tendered to any other CARRIER. If CARRIER breaches this provision, BROKER shall have the right of paying the monies it owes CARRIER directly to the delivering carrier, in lieu of payment to CARRIER, and BROKER shall thereby be released from any further obligation to pay CARRIER. Upon Broker’s payment to delivering carrier, CARRIER shall not be released from any liability to BROKER under this Agreement. IN ADDITION TO THE INDEMNITY OBLIGATION IN PARAGRAPH 7, CARRIER WILL BE LIABLE FOR CONSEQUENTIAL DAMAGES FOR VIOLATION OF THIS PARAGRAPH. i. The Parties agree that the shipment of freight will move under the terms and conditions listed of any Bill of Lading executed by CARRIER in the xxxx of lading, except where inconsistent connection with a shipment transported pursuant to this Agreement shall conflict with the terms of this Agreement. ii. CARRIER agrees to list itself on the xxxx of lading as the party in possession and control of the freight. iii. The terms and conditions of this Agreement, the xxxx terms and conditions of this Agreement shall govern and take precedence. 6.2 CARRIER agrees that the bill of lading shall be prima facie evidence of receipt of those goods in good order, regardless of whether the CARRIER loaded the goods, received the goods in a sealed trailer, and/or was not operate allowed to alter observe or modify supervise the terms loading process. Such Bill of this Agreement between CARRIER and BROKER. ivLading shall be issued immediately upon CARRIER’S receipt of such property. If receiver refuses to sign the Bill of Lading or any other delivery document at time of delivery, then CARRIER shall issue a xxxx of lading in compliance with 49 U.S.C. §80101 et seq., 49 C.F.R. §373.101 (and any amendments thereto), immediately contact BROKER for the property it receives for transportation under this Agreementdirection. Unless otherwise agreed in writing, CARRIER shall become responsible/fully responsible and liable for the freight cargo when it takes/receives possession thereof, and the trailer(s) is is/are loaded, regardless of whether a xxxx Bill of lading Lading has been issued, and/or signed, and/or delivered to CARRIER, and which responsibility/liability shall continue until delivery and unloading of the shipment to the consignee and the consignee signs the xxxx Bill of lading Lading or delivery receipt. Any terms of the xxxx of lading (including but not limited to payment terms, released rates or released value) inconsistent with the terms of this Agreement shall be ineffective. Failure to issue a xxxx Bill of lading Lading, or sign a xxxx Bill of lading Lading acknowledging receipt of the cargo by CARRIER CARRIER, shall not affect the liability of CARRIER. Said Bills of Lading are intended by the Parties to be Bills of Lading, as that term is interpreted under the Xxxxxxx Amendment and applicable law and not merely as “delivery receipts”, “freight receipts” or any similar term.

BILLS OF LADING. a. For each shipment tendered to CARRIER, CARRIER will provide to the shipper a standard xxxx of lading that is in accordance with 49 C.F.R. §373, listing the consignor and consignee, the origins origin and destinations, the number of packages, the description of the freight, and the weight, volume or measurement of the freight. The Parties agree that BROKER will not be a party to the xxxx of lading. b. CARRIER acknowledges that BROKER should not be listed on the xxxx of lading and that if BROKER is listed on the Xxxx xxxx of Lading lading as the carrier this will occur for the convenience of the shipper only and CARRIER at all times is the actual carrier of goods and BROKER’S ’s role is limited to arranging for transportation. In the event BROKER’S name is listed on the xxxx of lading, shipping manifest or other similar document, as the carrier, CARRIER shall cross-out or otherwise remove BROKER’S name and enter CARRIER’S name as applicable. c. CARRIER understands that re-brokering and double double-brokering may be prohibited by law and will not re-broker, assign or interline the shipments hereunder without the express written consent of BROKER prior to the shipment being tendered to any other CARRIERcarrier. If CARRIER breaches this provision, BROKER shall have the right of paying the monies it owes CARRIER directly to the delivering carrier, in lieu of payment to CARRIER, and BROKER shall thereby be released from any further obligation to pay CARRIER. Upon BrokerBROKER’s payment to delivering carrier, CARRIER shall not be released from any liability to BROKER under this Agreement. IN ADDITION TO THE INDEMNITY OBLIGATION IN PARAGRAPH 78, CARRIER WILL BE LIABLE FOR CONSEQUENTIAL DAMAGES FOR VIOLATION OF THIS PARAGRAPH. i. The Parties agree that the shipment of freight will move under the terms and conditions listed in the xxxx of lading, except where inconsistent with the terms of this Agreement. ii. CARRIER agrees to list itself on the xxxx of lading as the party in possession and control of the freight. iii. The terms and conditions of the xxxx of lading shall not operate to alter or modify the terms of this Agreement between CARRIER and BROKER. iv. CARRIER shall issue a xxxx of lading in compliance with 49 U.S.C. §80101 et seq., 49 C.F.R. §373.101 (and any amendments thereto), for the property it receives for transportation under this Agreement. Unless otherwise agreed in writing, CARRIER shall become responsible/liable for the freight when it takes/receives possession thereof, and the trailer(s) is loaded, regardless of whether a xxxx of lading has been issued, and/or delivered to CARRIER, and which responsibility/liability shall continue until delivery of the shipment to the consignee and the consignee signs the xxxx of lading or delivery receipt. Any terms of the xxxx of lading (including but not limited to payment terms, released rates or released value) inconsistent with the terms of this Agreement shall be ineffective. Failure to issue a xxxx of lading or sign a xxxx of lading acknowledging receipt of the cargo by CARRIER shall not affect the liability of CARRIER. Said Bills bills of Lading lading are intended by the The Parties to be Bills bills of Ladinglading, as that term is interpreted under the Xxxxxxx Amendment and applicable law and not merely as “delivery receipts”, ,” “freight receipts” or any similar term.

BILLS OF LADING. a. For each shipment tendered to CARRIER, CARRIER will provide to the shipper a standard xxxx of lading that is in accordance with 49 C.F.R. §373, listing the consignor and consignee, the origins and destinations, the number of packages, the description of the freight, and the weight, volume or measurement of the freight. The Parties intend to interpret the term “xxxx of lading” as that term is interpreted under the Xxxxxxx Amendment and applicable law and not merely as “delivery receipts”, “freight receipts” or any similar term. b. CARRIER agrees to list itself on the xxxx of lading as the party in possession and control of the freight. The Parties agree that BROKER will not be a party to the xxxx of lading. b. . CARRIER acknowledges agrees that BROKER should not be listed on the xxxx of lading and that if BROKER is listed on the Xxxx of Lading a BROKER’S name WILL NOT BE LISTED as the carrier this will on A xxxx of lading. Such a listing is not authorized by BROKER and if it should occur for the convenience of the shipper only and CARRIER at all times is the actual carrier of goods and listing shall not change BROKER’S role is limited to arranging for transportationstatus as a property broker nor CARRIER’S status as a motor carrier. In no event shall the event BROKER’S name is BROKER be listed or referenced on or be a party to the xxxx of lading, shipping manifest or other similar document, as the carrier, CARRIER shall cross-out or otherwise remove BROKER’S name and enter CARRIER’S name as applicable. c. CARRIER understands that re-brokering and double brokering may be prohibited by law and will not re-broker, assign assign, or interline the shipments hereunder without the express written consent of BROKER prior to the shipment being tendered to any other CARRIER. If CARRIER breaches this provision, BROKER shall have the right of paying the monies money it owes CARRIER directly to the delivering carrier, in lieu of payment to CARRIER, and BROKER shall thereby be released from any further obligation to pay CARRIER. Upon Broker’s payment to delivering carrier, CARRIER CARRIER, shall not be released from any liability to BROKER or to shipper under this Agreement. IN ADDITION TO THE INDEMNITY OBLIGATION IN PARAGRAPH In addition to the indemnity obligation in Paragraph 7, CARRIER WILL BE LIABLE FOR CONSEQUENTIAL DAMAGES FOR VIOLATION OF THIS PARAGRAPHwill be liable for consequential damages for violation of this Paragraph. If CARRIER breaches this provision, CARRIER assumes liability for any loss incurred regarding the shipment. i. d. The Parties agree that the shipment of freight will move under the terms and conditions listed in the xxxx of lading, except where inconsistent with the terms of this Agreement. ii. CARRIER agrees to list itself on the xxxx of lading as the party in possession and control of the freight. iii. The terms and conditions of the xxxx of lading shall not operate to alter or modify the terms of this Agreement between CARRIER and BROKER. iv. CARRIER shall issue a xxxx of lading in compliance with 49 U.S.C. §80101 et seq., 49 C.F.R. §373.101 (and any amendments thereto), for the property it receives for transportation under this Agreement. e. Unless otherwise agreed in writinginwriting, CARRIER shall become responsible/liable possess and be responsible for the freight when it takes/takes or receives possession thereof, the freight and the trailer(s) trailer is loaded, regardless of whether a xxxx of lading has been issued, and/or issued and delivered to CARRIER, . The CARRIER’S responsibility and which responsibility/liability shall continue until delivery of the shipment to the consignee and the consignee signs the xxxx of lading or delivery receipt. Any terms of the xxxx of lading (including but not limited to payment terms, released rates or released value) inconsistent with the terms of this Agreement shall be ineffective. Failure CARRIER’s failure to issue a xxxx of lading or lading, sign a xxxx of lading acknowledging receipt of the cargo, or notate on the xxxx of lading any alleged damage to the cargo by CARRIER upon receipt shall not affect the liability of CARRIER. Said Bills of Lading are intended by the Parties to be Bills of Lading, as that term is interpreted under the Xxxxxxx Amendment and applicable law and not merely as “delivery receipts”, “freight receipts” or any similar term.

BILLS OF LADING. a. For each shipment tendered to CARRIER, CARRIER will provide to the shipper a standard xxxx bill of lading that is in accordance with 49 C.F.R. §373, listing the consignor and consignee, the origins and destinations, the number of packages, the description of the freight, and the weight, volume or measurement of the freight. The Parties agree that BROKER will not be a party to the xxxx bill of lading. b. CARRIER acknowledges x. XXXXXXX agrees that BROKER should not be listed on the xxxx of lading and that if BROKER is listed on the Xxxx of Lading a BROKER’S name WILL NOT BE LISTED, as the carrier this will on a bill of lading. Such a listing is not authorized by BROKER and if it should occur for the convenience of the shipper only and CARRIER at all times is the actual carrier of goods and listing shall not change BROKER’S role is limited to arranging for transportationstatus as a property broker nor CARRIER’S status as a motor carrier. In no event shall the event BROKER’S name is BROKER be listed or referenced on or be a party to the xxxx bill of lading, shipping manifest or other similar document, as the carrier, CARRIER shall cross-out or otherwise remove BROKER’S name and enter CARRIER’S name as applicable. c. CARRIER understands that re-brokering and double brokering may be prohibited by law and x. XXXXXXX will not re-broker, assign or interline the shipments hereunder hereunder, without the express written consent of BROKER prior to the shipment being tendered to any other CARRIER. If CARRIER breaches this provision, BROKER shall have the right of paying the monies it owes CARRIER directly to the delivering carrier, in lieu of payment to CARRIER, and BROKER shall thereby be released from any further obligation to pay CARRIER. Upon BrokerXxxxxx’s payment to delivering carrier, CARRIER CARRIER, shall not be released from any liability to BROKER under this Agreement. IN ADDITION TO THE INDEMNITY OBLIGATION IN PARAGRAPH 7, In addition to the indemnity obligation in Paragraph 7 CARRIER WILL BE LIABLE FOR CONSEQUENTIAL DAMAGES FOR VIOLATION OF THIS PARAGRAPHwill be liable for consequential damages for violation of this Paragraph. i. The Parties agree that the shipment of freight will move under the terms and conditions listed in the xxxx bill of lading, except where inconsistent with the terms of this Agreement. ii. CARRIER XXXXXXX agrees to list itself on the xxxx bill of lading as the party in possession and control of the freight. iii. The terms and conditions of the xxxx bill of lading shall not operate to alter or modify the terms of this Agreement between CARRIER and BROKER. iv. CARRIER shall issue a xxxx bill of lading in compliance with 49 U.S.C. §80101 et seq., 49 C.F.R. §373.101 (and any amendments thereto)) also commonly known as the Carmark Amendment, for the property it receives for transportation under this Agreement. Unless otherwise agreed in writing, CARRIER shall become responsible/liable for the freight when it takes/receives possession thereof, and the trailer(s) is loaded, regardless of whether a xxxx of lading has been issued, and/or delivered to CARRIER, and which responsibility/liability shall continue until delivery of the shipment to the consignee and the consignee signs the xxxx of lading or delivery receipt. Any terms of the xxxx of lading (including but not limited to payment terms, released rates or released value) inconsistent with the terms of this Agreement shall be ineffective. Failure to issue a xxxx of lading or sign a xxxx of lading acknowledging receipt of the cargo by CARRIER shall not affect the liability of CARRIER. Said Bills of Lading are intended by the Parties to be Bills of Lading, as that term is interpreted under the Xxxxxxx Amendment and applicable law and not merely as “delivery receipts”, “freight receipts” or any similar term.

BILLS OF LADING. a. For each shipment tendered to CARRIER, CARRIER will provide to the shipper a standard xxxx of lading that is in accordance with 49 C.F.R. §373, listing the consignor and consignee, the origins and destinations, the number of packages, the description of the freight, and the weight, volume or measurement of the freight. The Parties agree that BROKER will not be a party to the xxxx of lading. b. CARRIER acknowledges that BROKER should not be listed on the xxxx of lading and that if BROKER is listed on the Xxxx of Lading as the carrier this will occur for the convenience of the shipper only and CARRIER at all times is the actual carrier of goods and BROKER’S role is limited to arranging for transportation. In the event BROKER’S name is listed on the xxxx of lading, shipping manifest or other similar document, as the carrier, CARRIER shall cross-out or otherwise remove BROKER’S name and enter CARRIER’S name as applicable. c. CARRIER understands that re-brokering and double brokering may be prohibited by law and will not re-broker, assign or interline the shipments hereunder without the express written consent of BROKER prior to the shipment being tendered to any other CARRIER. If CARRIER breaches this provision, BROKER shall have the right of paying the monies it owes CARRIER directly to the delivering carrier, in lieu of payment to CARRIER, and BROKER shall thereby be released from any further obligation to pay CARRIER. Upon Broker’s payment to delivering carrier, CARRIER shall not be released from any liability to BROKER under this Agreement. IN ADDITION TO THE INDEMNITY OBLIGATION IN PARAGRAPH 7, CARRIER WILL BE LIABLE FOR CONSEQUENTIAL DAMAGES FOR VIOLATION OF THIS PARAGRAPH. i. The Parties agree that the shipment of freight will move under the terms and conditions listed in the xxxx of lading, except where inconsistent with the terms of this Agreement. ii. CARRIER agrees to list itself on the xxxx of lading as the party in possession and control of the freight. iii. The terms and conditions of the xxxx of lading shall not operate to alter or modify the terms of this Agreement between CARRIER and BROKER. iv. CARRIER shall issue and sign a xxxx standard, uniform straight bill of lading or other receipt (“Bill of Lading”) in compliance with 49 U.S.C. §80101 et seq., 49 C.F.R. §373.101 (and any amendments thereto), for the property it receives for transportation under this the Agreement. If the CARRIER permits the shipper to prepare the Bill of Lading, CARRIER warrants that it shall ensure that the Bill of Lading properly names CARRIER as the “carrier” before signing it, and shall strike out any incorrect designation of the BROKER, or any other entity, as carrier, and write in the CARRIER’s name. Unless otherwise agreed in writing, CARRIER shall become responsible/fully liable for the freight when it takes/takes and/or receives possession thereof, and or the trailer(s) CARRIER’s trailer is loaded, regardless of whether a xxxx Bill of lading Lading has been issued, signed by and/or delivered to CARRIER, and which responsibility/. CARRIER’s liability shall continue until delivery of the shipment to the consignee and receipt of signature from the consignee signs on the xxxx Bill of lading Lading or delivery receipt. The Bill of Lading shall be prima facie evidence of the receipt of the shipment in good order and condition by the CARRIER, unless otherwise noted on the face of the Bill of Lading. CARRIER shall notify BROKER immediately of any exception made on the Bill of Lading or delivery receipt. CARRIER shall submit the original of the Bill of Lading to BROKER. If CARRIER fails to retain custody of the original Bill of Xxxxxx, CARRIER assumes all risk of loss from any resulting failure in being able to prove delivery in good condition. Any terms of the xxxx Bill of lading Lading (including including, but not limited to to, payment and credit terms, released rates or and released value) inconsistent with the terms of this Agreement shall be ineffective. Failure to issue a xxxx of lading or sign a xxxx of lading acknowledging receipt of the cargo by CARRIER shall not affect the liability of CARRIER. Said Bills of Lading are intended controlled and superseded by the Parties to be Bills terms of Lading, as that term is interpreted under the Xxxxxxx Amendment and applicable law and not merely as “delivery receipts”, “freight receipts” or any similar termthis Agreement.

BILLS OF LADING. a. For each shipment tendered to CARRIER, CARRIER will provide to the shipper a standard xxxx of lading that is in accordance with 49 C.F.R. §373, listing the consignor and consignee, the origins and destinations, the number of packages, the description of the freight, and the weight, volume or measurement of the freight. The Parties agree that BROKER will not be a party to the xxxx of lading. b. CARRIER acknowledges agrees that BROKER should not be listed on the xxxx of lading and that if BROKER is listed on the Xxxx of Lading a BROKER’S name WILL NOT BE LISTED, as the carrier this will on a xxxx of lading. Such a listing is not authorized by BROKER and if it should occur for the convenience of the shipper only and CARRIER at all times is the actual carrier of goods and listing shall not change BROKER’S role is limited to arranging for transportationstatus as a property broker nor CARRIER’S status as a motor carrier. In no event shall the event BROKER’S name is BROKER be listed or referenced on or be a party to the xxxx of lading, shipping manifest or other similar document, as the carrier, CARRIER shall cross-out or otherwise remove BROKER’S name and enter CARRIER’S name as applicable. c. CARRIER understands that re-brokering and double brokering may be prohibited by law and will not re-broker, assign or interline the shipments hereunder without the express hereunder, written consent of BROKER prior to the shipment being tendered to any other CARRIER. If CARRIER breaches this provision, BROKER shall have the right of paying the monies it owes CARRIER directly to the delivering carrier, in lieu of payment to CARRIER, and BROKER shall thereby be released from any further obligation to pay CARRIER. Upon Broker’s payment to delivering carrier, CARRIER CARRIER, shall not be released from any liability to BROKER under this Agreement. IN ADDITION TO THE INDEMNITY OBLIGATION IN PARAGRAPH 7, In addition to the indemnity obligation in Paragraph 7 CARRIER WILL BE LIABLE FOR CONSEQUENTIAL DAMAGES FOR VIOLATION OF THIS PARAGRAPHwill be liable for consequential damages for violation of this Paragraph. i. The Parties agree that the shipment of freight will move under the terms and conditions listed in the xxxx of lading, except where inconsistent with the terms of this Agreement. ii. CARRIER agrees to list itself on the xxxx of lading as the party in possession and control of the freight. iii. The terms and conditions of the xxxx of lading shall not operate to alter or modify the terms of this Agreement between CARRIER and BROKER. iv. CARRIER shall issue a xxxx of lading in compliance with 49 U.S.C. §80101 et seq., 49 C.F.R. §373.101 (and any amendments thereto)) also commonly known as the Carmark Amendment, for the property it receives for transportation under this Agreement. Unless otherwise agreed in writing, CARRIER shall become fully or constructive possession, responsible/liable for the freight when it takes/receives possession thereof, and the trailer(s) is loaded, regardless of whether a xxxx of lading has been issued, and/or delivered to CARRIER, and which responsibility/liability shall continue until delivery of the shipment to the consignee and the consignee signs the xxxx of lading or delivery receipt. Any terms of the xxxx of lading (including but not limited to payment terms, released rates or released value) inconsistent with the terms of this Agreement shall be ineffective. Failure to issue a xxxx of lading lading, or sign a xxxx of lading acknowledging receipt of the cargo cargo, by CARRIER CARRIER, shall not affect the liability of CARRIER. Said Bills of Lading are intended by the Parties to be Bills of Lading, as that term is interpreted under the Xxxxxxx Amendment and applicable law and not merely as “delivery receipts”, “freight receipts” or any similar term.

BILLS OF LADING. a. For each shipment tendered to CARRIER, CARRIER will provide to the shipper a standard xxxx of lading that is in accordance with 49 C.F.R. §373, listing the consignor and consignee, the origins and destinations, the number of packages, the description of the freight, and the weight, volume or measurement of the freight. The Parties agree that BROKER will not be a party to the xxxx of lading. b. CARRIER acknowledges that BROKER should not be listed on the xxxx of lading and that if BROKER is listed on the Xxxx of Lading as the carrier this will occur for the convenience of the shipper only and CARRIER at all times is the actual carrier of goods and BROKER’S role is limited to arranging for transportation. In the event BROKER’S name is listed on the xxxx of lading, shipping manifest or other similar document, as the carrier, CARRIER shall cross-out or otherwise remove BROKER’S name and enter CARRIER’S name as applicable. c. CARRIER understands that re-brokering and double brokering may be prohibited by law and will not re-broker, assign or interline the shipments hereunder without the express written consent of BROKER prior to the shipment being tendered to any other CARRIER. If CARRIER breaches this provision, BROKER shall have the right of paying the monies it owes CARRIER directly to the delivering carrier, in lieu of payment to CARRIER, and BROKER shall thereby be released from any further obligation to pay CARRIER. Upon Broker’s payment to delivering carrier, CARRIER shall not be released from any liability to BROKER under this Agreement. IN ADDITION TO THE INDEMNITY OBLIGATION IN PARAGRAPH 7, CARRIER WILL BE LIABLE FOR CONSEQUENTIAL DAMAGES FOR VIOLATION OF THIS PARAGRAPH. i. The Parties agree that the shipment of freight will move under the terms and conditions listed in the xxxx of lading, except where inconsistent with the terms of this Agreement. ii. CARRIER agrees to list itself on the xxxx of lading as the party in possession and control of the freight. iii. The terms and conditions of the xxxx of lading shall not operate to alter or modify the terms of this Agreement between CARRIER and BROKER. iv. CARRIER Carrier shall issue a xxxx bill of lading in compliance with 49 U.S.C. §80101 et seq., 49 C.F.R. §373.101 (and any amendments thereto), for . For the property it receives for transportation under this Agreement. Unless otherwise agreed in writing, CARRIER Carrier shall become fully responsible/liable for the freight when it takes/receives possession thereof, and the trailer(s) is loaded, regardless of whether a xxxx bill of lading has been issued, and/or signed, and/or delivered to CARRIERCarrier, and which responsibility/liability shall continue until delivery of the shipment to the consignee and the consignee signs the xxxx bill of lading or delivery receipt. Any terms of the xxxx bill of lading (including but not limited to payment terms, released rates rates, or released value) inconsistent with the terms of this Agreement shall be ineffective. Failure Xxxxxxx’s failure to issue a xxxx bill of lading or sign a xxxx bill of lading acknowledging receipt of the cargo by CARRIER shall not affect the liability of CARRIERCarrier. ii. Said Bills Xxxxxxx agrees that any receipt or Bill of Lading are intended issued by it shall serve only as a receipt for the goods (and not as the contract of carriage nor as evidence of title) and that no other provision of a Bill of Lading’s terms and conditions shall apply, (including, but not limited to, any provision purporting to “incorporate by reference” provisions of other publications such as the Carrier’s private tariffs, the National Motor Freight Classification, or the Uniform Straight Bill of Lading) and that all transactions between Broker and Carrier shall be governed by the Parties to be Bills Contract between Broker and Carrier, provided however that the Bill of Lading. Xxxxxxx agrees the insertion of Xxxxxx’s name on a receipt or Bill of Lading, in the space used to designate the carrier, is solely for the convenience of the shipper or consignor and such insertion shall not alter Broker’s status as a property broker nor cause Broker to be deemed a carrier. iii. Xxxxxxx agrees that term when the Bill of Lading or other shipping document specifies that the shipment is interpreted under “collect” only Consignee will be liable for freight charges (regardless of whether Shipper or Consignor signed a “no recourse provision” on the Bill of Lading) and Xxxxxxx Amendment agrees to collect freight charges from Consignee. Xxxxxxx agrees that Shipper or Consignor will be held harmless from any freight charges unless Shipper and applicable law Carrier or Consignor and not merely as “the Carrier agree otherwise in writing. Carrier may decline to make delivery receipts”, “freight receipts” or any similar termof the shipment without payment by Consignee.

BILLS OF LADING. a. For each shipment tendered to CARRIER, CARRIER will provide to the shipper DRAYMAN shall sign a standard xxxx of lading that is in accordance with 49 C.F.R. §373, listing the consignor and consignee, the origins and destinations, the number of packages, the description of the freight, and the weight, volume produced by shipper or measurement of the freight. The Parties agree that BROKER will not be a party to the xxxx of lading. b. CARRIER acknowledges that BROKER should not be listed on the xxxx of lading and that if BROKER is listed on the Xxxx of Lading as the carrier this will occur for the convenience of the shipper only and CARRIER at all times is the actual carrier of goods and BROKER’S role is limited to arranging for transportation. In the event BROKER’S name is listed on the xxxx of lading, shipping manifest or other similar document, as the carrier, CARRIER shall cross-out or otherwise remove BROKER’S name and enter CARRIER’S name as applicable. c. CARRIER understands that re-brokering and double brokering may be prohibited by law and will not re-broker, assign or interline the shipments hereunder without the express written consent of BROKER prior to the shipment being tendered to any other CARRIER. If CARRIER breaches this provision, BROKER shall have the right of paying the monies it owes CARRIER directly to the delivering carrier, in lieu of payment to CARRIER, and BROKER shall thereby be released from any further obligation to pay CARRIER. Upon Broker’s payment to delivering carrier, CARRIER shall not be released from any liability to BROKER under this Agreement. IN ADDITION TO THE INDEMNITY OBLIGATION IN PARAGRAPH 7, CARRIER WILL BE LIABLE FOR CONSEQUENTIAL DAMAGES FOR VIOLATION OF THIS PARAGRAPH. i. The Parties agree that the shipment of freight will move under the terms and conditions listed in the xxxx of lading, except where inconsistent with the terms of this Agreement. ii. CARRIER agrees to list itself on the xxxx of lading as the party in possession and control of the freight. iii. The terms and conditions of the xxxx of lading shall not operate to alter or modify the terms of this Agreement between CARRIER and BROKER. iv. CARRIER DRAYMAN shall issue a xxxx of lading or delivery receipt for the property it receives and in compliance with 49 U.S.C. §80101 et seq., 49 C.F.R. §373.101 (and any amendments thereto), for the property it receives for transportation under this Agreement. Unless otherwise agreed in writing, CARRIER DRAYMAN shall become fully responsible/liable for the freight when it takes/receives possession thereof, and the trailer(strailer(s)/container(s) is loaded, regardless of whether a xxxx of lading has been issued, and/or signed, and/or delivered to CARRIERDRAYMAN, and which responsibility/liability shall continue until delivery of the shipment to the consignee and the consignee signs the xxxx of lading or delivery receipt. Any terms of the xxxx of lading (including but not limited to payment and credit terms, released rates or released value) inconsistent with the terms of this Agreement shall be ineffective. Failure to issue a xxxx of lading lading, or sign a xxxx of lading acknowledging receipt of the cargo cargo, by CARRIER DRAYMAN, shall not affect the liability of CARRIERDRAYMAN. Said Bills DRAYMAN shall submit copies of Lading are intended by the Parties railroad bills of lading or other proof of delivery to be Bills of LadingBROKER, as that term is interpreted request by BROKER. (i.) DRAYMAN shall comply with applicable federal and state regulations (if any) for processing all loss and damage claims and salvage, which arise out of the discharge of DRAYMAN's duties and responsibilities hereunder. (ii.) The burden of proof for DRAYMAN's liability and damages for any cargo loss, or theft from any cause shall be determined under the Xxxxxxx Amendment and applicable law and not merely as “delivery receipts”Amendment, “freight receipts” 49 U.S.C.§14706. DRAYMAN shall be liable for up to the full invoice value of the goods while under its care, custody or any similar termcontrol.

BILLS OF LADING. a. For each shipment tendered to CARRIERCARRIER shall issue and sign a standard, CARRIER will provide to the shipper a standard uniform straight xxxx of lading that is in accordance with 49 C.F.R. §373, listing the consignor and consignee, the origins and destinations, the number of packages, the description of the freight, and the weight, volume or measurement of the freight. The Parties agree that BROKER will not be a party to the xxxx of lading. b. CARRIER acknowledges that BROKER should not be listed on the xxxx of lading and that if BROKER is listed on the other receipt (“Xxxx of Lading as the carrier this will occur for the convenience of the shipper only and CARRIER at all times is the actual carrier of goods and BROKER’S role is limited to arranging for transportation. In the event BROKER’S name is listed on the xxxx of lading, shipping manifest or other similar document, as the carrier, CARRIER shall cross-out or otherwise remove BROKER’S name and enter CARRIER’S name as applicable. c. CARRIER understands that re-brokering and double brokering may be prohibited by law and will not re-broker, assign or interline the shipments hereunder without the express written consent of BROKER prior to the shipment being tendered to any other CARRIER. If CARRIER breaches this provision, BROKER shall have the right of paying the monies it owes CARRIER directly to the delivering carrier, in lieu of payment to CARRIER, and BROKER shall thereby be released from any further obligation to pay CARRIER. Upon Broker’s payment to delivering carrier, CARRIER shall not be released from any liability to BROKER under this Agreement. IN ADDITION TO THE INDEMNITY OBLIGATION IN PARAGRAPH 7, CARRIER WILL BE LIABLE FOR CONSEQUENTIAL DAMAGES FOR VIOLATION OF THIS PARAGRAPH. i. The Parties agree that the shipment of freight will move under the terms and conditions listed in the xxxx of lading, except where inconsistent with the terms of this Agreement. ii. CARRIER agrees to list itself on the xxxx of lading as the party in possession and control of the freight. iii. The terms and conditions of the xxxx of lading shall not operate to alter or modify the terms of this Agreement between CARRIER and BROKER. iv. CARRIER shall issue a xxxx of lading Lading”) in compliance with 49 U.S.C. §80101 et seq., 49 C.F.R. §373.101 (and any amendments thereto), for the property it receives for transportation under this the Agreement. If the CARRIER permits the shipper to prepare the Xxxx of Lading, CARRIER warrants that it shall ensure that the Xxxx of Lading properly names CARRIER as the “carrier” before signing it, and shall strike out any incorrect designation of the BROKER, or any other entity, as carrier, and write in the CARRIER’s name. Unless otherwise agreed in writing, CARRIER shall become responsible/fully liable for the freight when it takes/takes and/or receives possession thereof, and or the trailer(s) CARRIER’s trailer is loaded, regardless of whether a xxxx Xxxx of lading Lading has been issued, signed by and/or delivered to CARRIER, and which responsibility/. CARRIER’s liability shall continue until delivery of the shipment to the consignee and receipt of signature from the consignee signs on the xxxx Xxxx of lading Lading or delivery receipt. The Xxxx of Lading shall be prima facie evidence of the receipt of the shipment in good order and condition by the CARRIER, unless otherwise noted on the face of the Xxxx of Lading. CARRIER shall notify BROKER immediately of any exception made on the Xxxx of Lading or delivery receipt. CARRIER shall submit the original of the Xxxx of Lading to BROKER. If CARRIER fails to retain custody of the original Xxxx of Lading, CARRIER assumes all risk of loss from any resulting failure in being able to prove delivery in good condition. Any terms of the xxxx Xxxx of lading Lading (including including, but not limited to to, payment and credit terms, released rates or and released value) inconsistent with the terms of this Agreement shall be ineffective. Failure to issue a xxxx of lading or sign a xxxx of lading acknowledging receipt of the cargo by CARRIER shall not affect the liability of CARRIER. Said Bills of Lading are intended controlled and superseded by the Parties to be Bills terms of Lading, as that term is interpreted under the Xxxxxxx Amendment and applicable law and not merely as “delivery receipts”, “freight receipts” or any similar termthis Agreement.

BILLS OF LADING. a. For each shipment tendered to CARRIER, CARRIER will provide to the shipper a standard xxxx bill of lading that is in accordance with 49 C.F.R. §373, listing the consignor and consignee, the origins and destinations, the number of packages, the description of the freight, and the weight, volume or measurement of the freight. The Parties agree that BROKER will not be a party to the xxxx bill of lading. b. CARRIER acknowledges x. XXXXXXX agrees that BROKER should not be listed on the xxxx of lading and that if BROKER is listed on the Xxxx of Lading a BROKER’S name WILL NOT BE LISTED, as the carrier this will on a bill of lading. Such a listing is not authorized by BROKER and if it should occur for the convenience of the shipper only and CARRIER at all times is the actual carrier of goods and listing shall not change BROKER’S role is limited to arranging for transportationstatus as a property broker nor CARRIER’S status as a motor carrier. In no event shall the event BROKER’S name is BROKER be listed or referenced on or be a party to the xxxx bill of lading, shipping manifest or other similar document, as the carrier, CARRIER shall cross-out or otherwise remove BROKER’S name and enter CARRIER’S name as applicable. c. CARRIER understands that re-brokering and double brokering may be prohibited by law and x. XXXXXXX will not re-broker, assign or interline the shipments hereunder without the express hereunder, written consent of BROKER prior to the shipment being tendered to any other CARRIER. If CARRIER breaches this provision, BROKER shall have the right of paying the monies it owes CARRIER directly to the delivering carrier, in lieu of payment to CARRIER, and BROKER shall thereby be released from any further obligation to pay CARRIER. Upon BrokerXxxxxx’s payment to delivering carrier, CARRIER CARRIER, shall not be released from any liability to BROKER under this Agreement. IN ADDITION TO THE INDEMNITY OBLIGATION IN PARAGRAPH 7, In addition to the indemnity obligation in Paragraph 7 CARRIER WILL BE LIABLE FOR CONSEQUENTIAL DAMAGES FOR VIOLATION OF THIS PARAGRAPHwill be liable for consequential damages for violation of this Paragraph. i. The Parties agree that the shipment of freight will move under the terms and conditions listed in the xxxx bill of lading, except where inconsistent with the terms of this Agreement. ii. CARRIER XXXXXXX agrees to list itself on the xxxx bill of lading as the party in possession and control of the freight. iii. The terms and conditions of the xxxx bill of lading shall not operate to alter or modify the terms of this Agreement between CARRIER and BROKER. iv. CARRIER shall issue a xxxx bill of lading in compliance with 49 U.S.C. §80101 et seq., 49 C.F.R. §373.101 (and any amendments thereto)) also commonly known as the Carmark Amendment, for the property it receives for transportation under this Agreement. Unless otherwise agreed in writing, CARRIER shall become fully or constructive possession, responsible/liable for the freight when it takes/receives possession thereof, and the trailer(s) is loaded, regardless of whether a xxxx bill of lading has been issued, and/or delivered to CARRIER, and which responsibility/liability shall continue until delivery of the shipment to the consignee and the consignee signs the xxxx bill of lading or delivery receipt. Any terms of the xxxx bill of lading (including but not limited to payment terms, released rates or released value) inconsistent with the terms of this Agreement shall be ineffective. Failure to issue a xxxx bill of lading lading, or sign a xxxx bill of lading acknowledging receipt of the cargo cargo, by CARRIER CARRIER, shall not affect the liability of CARRIER. Said Bills of Lading are intended by the Parties to be Bills of Lading, as that term is interpreted under the Xxxxxxx Amendment and applicable law and not merely as “delivery receipts”, “freight receipts” or any similar term.

BILLS OF LADING. a. For all property received by, and for each shipment tendered to CARRIERCARRIER for transportation under this Agreement, CARRIER will shall issue and provide to the shipper a standard xxxx of lading (each, a “Xxxx of Lading,” and collectively, the “Bills of Lading”) that is in accordance comports with 49 U.S.C. § 80101 et seq. and 49 C.F.R. §part 373, as amended, listing the consignor and consignee, the origins and destinations, the number of packages, the description of the freight, and the weight, volume or measurement of the freight. The Parties agree that BROKER will not be a party to the xxxx of lading. b. CARRIER acknowledges that BROKER should not be listed on the xxxx of lading and that if BROKER is listed on the Xxxx of Lading as the carrier this will occur for the convenience of the shipper only and CARRIER at all times is the actual carrier of goods and BROKER’S role is limited to arranging for transportation. In the event BROKER’S name is listed on the xxxx of lading, shipping manifest or other similar document, as the carrier, CARRIER shall cross-out or otherwise remove BROKER’S name and enter CARRIER’S name as applicable. c. CARRIER understands that re-brokering and double brokering may be prohibited by law and will not re-broker, assign or interline the shipments hereunder without the express written consent of BROKER prior to the shipment being tendered to any other CARRIER. If CARRIER breaches this provision, BROKER shall have the right of paying the monies it owes CARRIER directly to the delivering carrier, in lieu of payment to CARRIER, and BROKER shall thereby be released from any further obligation to pay CARRIER. Upon Broker’s payment to delivering carrier, CARRIER shall not be released from any liability to BROKER under this Agreement. IN ADDITION TO THE INDEMNITY OBLIGATION IN PARAGRAPH 7, CARRIER WILL BE LIABLE FOR CONSEQUENTIAL DAMAGES FOR VIOLATION OF THIS PARAGRAPH. i. The Parties agree that the shipment of freight will move under the terms and conditions listed in the xxxx of lading, except where inconsistent with the terms of this Agreement. ii. CARRIER agrees to list itself on the xxxx of lading as the party in possession and control of the freight. iii. The terms and conditions of the xxxx of lading shall not operate to alter or modify the terms of this Agreement between CARRIER and BROKER. iv. CARRIER shall issue a xxxx of lading in compliance with 49 U.S.C. §80101 et seq., 49 C.F.R. §373.101 (and any amendments thereto), for the property it receives for transportation under this Agreement. Unless otherwise agreed by the parties in writing, CARRIER shall become responsible/responsible and liable for the freight when it takes/takes or receives possession thereof, and regardless of whether loaded on the trailer(s) is loaded, regardless or a Xxxx of whether a xxxx of lading Lading has been issued, and/or delivered to CARRIER, /received for the freight. Such responsibility and which responsibility/liability of CARRIER shall continue until delivery of the shipment freight to the consignee and CARRIER’s receipt of the consignee signs consignee’s signature on the xxxx Xxxx of lading Lading or other delivery receipt. . c. Any terms of the xxxx a Xxxx of lading (including but not limited to Lading, including, without limitation, payment terms, released rates or released value) , that are inconsistent with the terms of this Agreement shall be ineffectiveineffective and the terms of this Agreement shall govern such matters. Failure to issue a xxxx Xxxx of lading Lading or sign a xxxx Xxxx of lading Lading acknowledging receipt of the cargo freight by CARRIER shall not discharge or affect the liability of CARRIER. Said Each of said Bills of Lading are intended by the Parties parties to be Bills a “xxxx of Ladinglading”, as that term is interpreted under the Xxxxxxx Amendment and applicable law and are not to be construed merely as “delivery receipts”, “freight receipts” or any similar term. d. The parties hereto agree that BROKER will not be listed on any Bills of Lading. CARRIER shall be listed on all Bills of Lading as the party in possession and control of the freight. In the event BROKER is listed as the carrier on any Xxxx of Lading, shipping manifest or other similar document: (i) such designation shall be for the convenience of the shipper only;