Carrier Obligations. CARRIER warrants that at all times during this Agreement it will act as a “motor carrier,” as that term is defined under 49 U.S.C. § 13102 and any applicable federal or state regulations, statutes, decisional law or administrative law. CARRIER further warrants that at all times during this Agreement it will remain licensed and authorized by the Federal Motor Carrier Safety Administration to provide interstate transportation services or that it provides only intrastate service and complies with all applicable state registration requirements, and warrants that it will maintain insurance or otherwise demonstrate financial responsibility in accordance with all applicable federal and state regulations. CARRIER is solely responsible for the operation of the equipment, actions of the driver, any other persons associated with the operation of the equipment, transportation of freight, securement or any other aspect of actions of a motor carrier as that term is defined by law. CARRIER is solely responsible for the safety and operation of the equipment, and the actions of all drivers and other persons or entities responsible for the transportation of freight. Nothing in this Agreement abrogates the responsibility of the CARRIER to operate safely and in accordance with all law and good accepted best practices of a motor carrier. CARRIER represents that it is in compliance with and shall maintain, during the terms of this Agreement, compliance with all applicable federal, state and local laws relating to the provision of its services. CARRIER will notify BROKER immediately if its federal Operating Authority is revoked, suspended or rendered inactive for any reason; and/or if it is sold, or if there is a change in control of ownership, and/or any insurance required hereunder is threatened to be or is terminated, cancelled (whether by an insurer or surety provider by CARRIER, or by any person or entity), suspended, or revoked for any reason.
a. CARRIER agrees it will not have a U.S. DOT safety rating or evaluation of unsatisfactory or conditional. Any change in CARRIER’S safety rating requires immediate written notification to BROKER. CARRIER may not have an unsatisfactory or conditional rating under any rating system. If CARRIER’S rating becomes conditional or unsatisfactory, CARRIER is no longer authorized as a CARRIER under this Agreement.
b. Upon reasonable demand, CARRIER shall provide to BROKER copies of its DOT Operating Authority, Policy of Insurance, including a...
Carrier Obligations. CARRIER warrants that at all times during this Agreement it will act as a “motor carrier,” as that term is defined under 49 U.S.C. § 13102 and any applicable federal or state regulations, statutes, decisional law or administrative law. CARRIER further warrants that at all times during this Agreement it will remain licensed and authorized by the Department of Transportation to provide interstate transportation services, and warrants that it will maintain insurance or otherwise demonstrate financial responsibility in accordance with all applicable federal and state regulations. CARRIER is solely responsible for the operation of the equipment, actions of the driver, any other persons associated with the operation of the equipment, transportation of freight, securement or any other aspect of actions of a motor carrier as that term is defined by law. XXXXXXX is solely responsible for the safety and operation of the equipment, and the actions of all drivers and other persons or entities responsible for the transportation of freight. Nothing in this Agreement abrogates the responsibility of the CARRIER to operate safely and in accordance with all law and good accepted best practices of a motor carrier. CARRIER represents that it is in compliance with and shall maintain, during the terms of this Agreement, compliance with all applicable federal, state and local laws relating to the provision of its services including, but not limited to: training of drivers, qualification of drivers, transportation of Hazardous Materials, (including the licensing and training of Haz Mat qualified drivers, as defined in 49 F.C.R. §172.800, §173, and §397 et seq. to the extent that any shipments hereunder cons tute Hazardous Materials; security regula ons, Part 309.46 as well as any other regula ons rela ng to Intermodal equipment; owner/operator lease regula ons; loading and securement of freight regula ons; implementa on and maintenance of driver safety regula ons including, but not limited to, hiring, controlled substances, and hours of service regula ons; sanita on, temperature, and contamina on requirements for transpor ng food, perishable, and other products, qualifica on and licensing and training of drivers; implementa on and maintenance of equipment safety regula ons; maintenance and control of the means and method of transporta on including, but not limited to, performance of its drivers; and all applicable insurance, financial responsibility and surety laws and regula ons...
Carrier Obligations. 10.1 The carrier will execute the cruise to the best of its ability and in accordance with the rules of good craftsmanship.
10.2 The carrier shall see to it that the ship and the crew meet the legal requirements of the country where the ship is registered.
10.3 The route will be agreed in consultation with the client, unless otherwise agreed, in advance by the carrier and/or captain.
10.4 At all times the carrier and/or captain are entitled to change the cruise due to nautical reasons. The below also includes changing the place of departure and/or place of arrival and/or not setting sail. Nautical reasons are understood to include the weather, tide, blockage of waterways and the condition of the vessel.
10.5 In the cases mentioned in the preceding paragraph, the carrier and/or captain will try to find another solution in consultation with the client. Any additional costs, if reasonable, shall be borne by the customer. The carrier and/or captain will decide whether the chosen solution is reasonably practicable.
Carrier Obligations. Carrier shall have no obligations under Article II with respect to North America or under Sections 6.03 through 6.05 during any period of any Contract Year in which such provisions are applicable when [**]. [**] = Confidential treatment requested for redacted portion; redacted portion has been filed separately with the Commission. [**].
Carrier Obligations. CARRIER warrants that at all times during this Agreement it will act as a “motor carrier,” as that term is defined under 49 U.S.C. § 13102 and any applicable federal or state regulations, statutes, decisional law or administrative law. CARRIER further warrants that at all times during this Agreement it will remain licensed and authorized by the Department of Transportation to provide interstate transportation services, and warrants that it will maintain insurance or otherwise demonstrate financial responsibility in accordance with all applicable federal and state regulations.
Carrier Obligations. In addition to Carrier’s other obligations specified in this Agreement, Carrier shall:
5.1. provide Member with a royalty-free license to use the API Documentation, APIs, and the System software as part of the SDK, with the understanding that Member shall use the System software internally and solely for the purposes of developing Interface Software and resolving customer support issues.
5.2. notify Member of enhancements to Carrier’s System within a reasonable amount of time after the introduction of those enhancements.
5.3. provide the technical environment necessary for testing the Interface Software within Carrier’s System.
5.4. if the Interface Software passes testing, provide Member with a letter verifying that the System operates with the relevant Member’s Product without degradation when used with the Interface Software developed by Member, and specifying the versions of the System and Member’s Product to which such Interface Software applies.
5.5. promote or include Member or Member’s Product in Carrier’s sales or marketing efforts to the extent that Carrier determines that such promotion benefits its business objectives.
Carrier Obligations. 4.1 Throughout the validity of the Agreement, the Carrier warrants that it shall comply with all obligations set out herein, including, without limitation, the following obligations of the Carrier:
Carrier Obligations. For all interaction with CARRIER’s LWC-served end users with respect to trouble reporting involving Inside Wire, CARRIER shall act as AT&T SOUTHEAST REGION 9-STATE’s single point of contact for orders for IW Services. AT&T SOUTHEAST REGION 9-STATE shall not accept requests for IW Services directly from CARRIER’s end users. CARRIER must authorize AT&T SOUTHEAST REGION 9-STATE to dispatch personnel to provide the IW Services, in accordance with AT&T SOUTHEAST REGION 9-STATE’s standard procedures.
Carrier Obligations a. CARRIER is solely responsible for: (i) the safety and operation of the equipment; (ii) actions of all drivers and other persons or entities responsible for the transportation of freight; (iii) any other persons associated with the operation of the equipment; (iv) transportation of freight; and (v) securement or any other aspect of actions of a “motor carrier”.
b. Notwithstanding anything to the contrary herein, CARRIER shall operate safely and in accordance with all laws, rules, and accepted best practices of a “motor carrier”.
c. In addition to the requirements in Paragraph 6(b) above, CARRIER agrees that it shall not, at any time, have a safety rating or evaluation of “unsatisfactory” or “conditional” as rated by the U.S. Department of Transportation (“USDOT”) or under any other rating system. CARRIER shall immediately notify BROKER in writing upon any change in CARRIER’s safety rating. If CARRIER’s rating becomes “unsatisfactory” or “conditional” under any rating system, CARRIER shall no longer be authorized as a CARRIER under this Agreement.
d. CARRIER shall immediately notify BROKER in writing if: (i) its USDOT Operating Authority (i.e., MC Number) is revoked, suspended or rendered inactive for any reason; (ii) all, or substantially all, of its assets are sold or there is a change in control of ownership; and/or
Carrier Obligations. (a) CARRIER shall issue a bill of lading for property it receives for transportation and shall be liable to the person entitled to recover under the bill of lading. The liability imposed by this paragraph is for the actual loss or injury to the property. Failure to issue a bill of lading does not affect the liability of CARRIER. CARRIER’S liability shall be the same as a carrier’s liability under 49 U.S.C. § 14706. FORWARDER makes no representation that these goods move under any limitation of liability or any released rates. FORWARDER also makes no representation that a limitation of liability or a released rate contained in FORWARDER’S agreement with its shipper will apply to CARRIER’S liability. To the extent that FORWARDER’S limitation of liability is deemed to extend to CARRIER, CARRIER may apply such limitation. The maximum liability of CARRIER shall be $25.00 per pound or $100,000 per shipment, whichever is less.
(b) XXXXXXX agrees to maintain cargo insurance in the amount of $100,000 to compensate those parties entitled to recover under the preceding paragraph. CARRIER shall cause its insurance carrier to forward forthwith to FORWARDER a standard Certificate of Insurance, which Certificate shall require the insurance carrier to give FORWARDER written notice thirty (30) days prior to the cancellation of such cargo insurance.
(c) CARRIER’S liability shall begin at the time cargo is loaded upon CARRIER’S equipment at the point of origin, and continue until said cargo is delivered to the designated consignee at destination, or to any intermediate stop-off party.
(d) CARRIER shall perform this Agreement in compliance with all federal, state and local laws relating to the transportation of freight. XXXXXXX agrees to defend and hold harmless FORWARDER against any and all loss or damage claims on each shipment transported by CARRIER pursuant to this Agreement. XXXXXXX further agrees to defend and hold harmless FORWARDER from all and any liability, costs and damages to persons and/or property arising out of CARRIER’S operations hereunder, including but not limited to all road, fuel, and other taxes, fees or permits related to the shipments transported by CARRIER as arranged by FORWARDER. This indemnification shall include payment of legal fees necessitated by FORWARDER’S defense against such claims. Any claim for indemnification under this agreement shall accrue at the time payment is made, and the applicable statute of limitations shall begin to run at tha...