Common use of Consequences of Failure to Comply with Procedures Clause in Contracts

Consequences of Failure to Comply with Procedures. Failure to disclose to the Company the presence of hazardous materials or to comply strictly with the requirements for transporting hazardous materials will relieve the Company and its transportation providers of any liability for loss or damage directly or indirectly caused to or by the hazardous materials. The customer will be responsible for and will defend, indemnify and hold harmless the Company and the underlying transportation providers for any liabilities, costs and expenses arising out of your failure to properly declare the presence of hazardous materials or to comply strictly with the requirements for transporting hazardous materials. Furthermore, any hazardous materials found to have been misdeclared may be warehoused at your risk and expense or destroyed without compensation. In addition to all other charges that may apply to that shipment, the customer will be responsible for any penalties or charges assessed by the underlying transportation provider arising out of your failure to comply with hazardous materials requirements. For instance, Union Pacific Railway Company may assess a charge of $10,000 for any shipment of hazardous materials that is not declared as containing hazardous materials.

Consequences of Failure to Comply with Procedures. Failure to disclose to the Company Streamline the presence of hazardous materials or to comply strictly with the requirements for transporting hazardous materials will relieve the Company Streamline and its transportation providers of any liability for loss or damage directly or indirectly caused to or by the hazardous materials. The customer will be responsible for and will defend, indemnify and hold harmless the Company Streamline and the underlying transportation providers for any liabilities, costs and expenses arising out of your failure to properly declare the presence of hazardous materials or to comply strictly with the requirements for transporting hazardous materials. Furthermore, any hazardous materials found to have been misdeclared mis-declared may be warehoused at your risk and expense or destroyed without compensation. In addition to all other charges that may apply to that shipment, the customer will be responsible for any penalties or charges assessed by the underlying transportation provider arising out of your failure to comply with hazardous materials requirements. For instance, Union Pacific Railway Railroad Company may assess a charge of $10,000 3,000 for any shipment of hazardous materials that is not declared as containing hazardous materials.. See UPRR - MITA Item ( 530 )

Consequences of Failure to Comply with Procedures. ‌ Failure to disclose to the Company the presence of hazardous materials or to comply strictly with the requirements for transporting hazardous materials will relieve the Company and its transportation providers of any liability for loss or damage directly or indirectly caused to or by the hazardous materials. The customer will be responsible for and will defend, indemnify and hold harmless the Company and the underlying transportation providers for any liabilities, costs and expenses arising out of your failure to properly declare the presence of hazardous materials or to comply strictly with the requirements for transporting hazardous materials. Furthermore, any hazardous materials found to have been misdeclared may be warehoused at your risk and expense or destroyed without compensation. In addition to all other charges that may apply to that shipment, the customer will be responsible for any penalties or charges assessed by the underlying transportation provider arising out of your failure to comply with hazardous materials requirements. For instance, Union Pacific Railway Company may assess a charge of $10,000 for any shipment of hazardous materials that is not declared as containing hazardous materials.