Common use of CUSTOMERS OF USER Clause in Contracts

CUSTOMERS OF USER. 10.1 User shall be responsible for all acts and omissions of any of its Customers with respect to their use of Pool Chassis, and an act or omission of a Customer shall be considered an act or omission of User for purposes of User’s obligations hereunder regarding breach, termination, representations, warranties, indemnities, and other provisions of this Agreement. 10.2 In order for a Customer to have access to Pool Chassis, User shall submit in the (CCM POOL NAME)’s designated format identifying information for its Customers permitted to receive Pool Chassis. Such submissions shall be made in compliance with the requirements of the (CCM POOL NAME) Operations Manual relating to Customer access to Pool Chassis, as may be amended from time to time. The Operations Manual may contain rules allocating responsibility for equipment usage in cases of customers who have not been designated by a User or in which customer does not identify from which User it is receiving chassis. 10.3 (CCM POOL NAME) shall have the right to deny to User and/or its Customers use of (CCM POOL NAME) pool Chassis and to require immediate return of Pool equipment to a terminal if the (CCM POOL NAME) Board in its reasonable discretion determines that User, a Customer, or a motor carrier or other contractor or vendor engaged by User or a Customer, is operating in an unsafe or reckless manner, or poses an immediate threat of damage to persons or property. If the (CCM POOL NAME) Board makes such a determination, the Board shall supply notice of such determination to User. Upon receipt of notice of such determination, User shall have five (5) days to respond with any information or documentation. The (CCM POOL NAME) Board shall retain discretion to deny to User use of (CCM POOL NAME) pool Chassis and to require immediate return of Chassis to a designated terminal after considering the response from User. In the event of a dispute under this paragraph, (CCM POOL NAME) may appoint an independent auditor to review the safety of operations or related practices of a User or a Customer. The report of the auditor shall be advisory only. The (CCM POOL NAME) Board retains the right to suspend User’s use of (CCM POOL NAME) pool Chassis during the notice and response process if, in the (CCM POOL NAME) Board’s sole discretion, a User’s Customer, via its conduct, presents an imminent danger of immediate harm to persons or property. 10.4 (CCM POOL NAME) shall have no liability for damages resulting from any suspension or denial of access to Chassis or a requirement to return Chassis unless the decision by (CCM POOL NAME) was the result of willful misconduct or manifest injustice.

CUSTOMERS OF USER. 10.1 User shall be responsible for all acts and omissions of any of its Customers with respect to their use of Pool Chassis, and an act or omission of a Customer shall be considered an act or omission of User for purposes of User’s obligations hereunder regarding breach, termination, representations, warranties, indemnities, and other provisions of this Agreement. 10.2 In order for a Customer to have access to Pool Chassis, User shall submit in the (CCM POOL NAME)SACP’s designated format identifying information for its Customers permitted to receive Pool Chassis. Such submissions shall be made in compliance with the requirements of the (CCM POOL NAME) SACP Operations Manual relating to Customer access to Pool Chassis, as may be amended from time to time. The Operations Manual may contain rules allocating responsibility for equipment usage in cases of customers who have not been designated by a User or in which customer does not identify from which User it is receiving chassis. 10.3 (CCM POOL NAME) SACP shall have the right to deny to User and/or its Customers use of (CCM POOL NAME) SACP pool Chassis and to require immediate return of Pool equipment to a terminal if the (CCM POOL NAME) SACP Board in its reasonable discretion determines that User, a Customer, or a motor carrier or other contractor or vendor engaged by User or a Customer, is operating in an unsafe or reckless manner, or poses an immediate threat of damage to persons or property. If the (CCM POOL NAME) SACP Board makes such a determination, the Board shall supply notice of such determination to User. Upon receipt of notice of such determination, User shall have five (5) days to respond with any information or documentation. The (CCM POOL NAME) SACP Board shall retain discretion to deny to User use of (CCM POOL NAME) SACP pool Chassis and to require immediate return of Chassis to a designated terminal after considering the response from User. In the event of a dispute under this paragraph, (CCM POOL NAME) SACP may appoint an independent auditor to review the safety of operations or related practices of a User or a Customer. The report of the auditor shall be advisory only. The (CCM POOL NAME) SACP Board retains the right to suspend User’s use of (CCM POOL NAME) SACP pool Chassis during the notice and response process if, in the (CCM POOL NAME) SACP Board’s sole discretion, a User’s Customer, via its conduct, presents an imminent danger of immediate harm to persons or property. 10.4 (CCM POOL NAME) SACP shall have no liability for damages resulting from any suspension or denial of access to Chassis or a requirement to return Chassis unless the decision by (CCM POOL NAME) SACP was the result of willful misconduct or manifest injustice.

CUSTOMERS OF USER. 10.1 User shall be responsible for all acts and omissions of any of its Customers with respect to their use of Pool Chassis, and an act or omission of a Customer shall be considered an act or omission of User for purposes of User’s obligations hereunder regarding breach, termination, representations, warranties, indemnities, and other provisions of this Agreement. 10.2 In order for a Customer to have access to Pool Chassis, User shall submit in the (CCM POOL NAME)MCCP’s designated format identifying information for its Customers permitted to receive Pool Chassis. Such submissions shall be made in compliance with the requirements of the (CCM POOL NAME) MCCP Operations Manual relating to Customer access to Pool Chassis, as may be amended from time to time. The Operations Manual may contain rules allocating responsibility for equipment usage in cases of customers who have not been designated by a User or in which customer does not identify from which User it is receiving chassis. 10.3 (CCM POOL NAME) MCCP shall have the right to deny to User and/or its Customers use of (CCM POOL NAME) MCCP pool Chassis and to require immediate return of Pool equipment to a terminal if the (CCM POOL NAME) MCCP Board in its reasonable discretion determines that User, a Customer, or a motor carrier or other contractor or vendor engaged by User or a Customer, is operating in an unsafe or reckless manner, or poses an immediate threat of damage to persons or property. If the (CCM POOL NAME) MCCP Board makes such a determination, the Board shall supply notice of such determination to User. Upon receipt of notice of such determination, User shall have five (5) days to respond with any information or documentation. The (CCM POOL NAME) MCCP Board shall retain discretion to deny to User use of (CCM POOL NAME) MCCP pool Chassis and to require immediate return of Chassis to a designated terminal after considering the response from User. In the event of a dispute under this paragraph, (CCM POOL NAME) MCCP may appoint an independent auditor to review the safety of operations or related practices of a User or a Customer. The report of the auditor shall be advisory only. The (CCM POOL NAME) MCCP Board retains the right to suspend User’s use of (CCM POOL NAME) MCCP pool Chassis during the notice and response process if, in the (CCM POOL NAME) MCCP Board’s sole discretion, a User’s Customer, via its conduct, presents an imminent danger of immediate harm to persons or property. 10.4 (CCM POOL NAME) MCCP shall have no liability for damages resulting from any suspension or denial of access to Chassis or a requirement to return Chassis unless the decision by (CCM POOL NAME) MCCP was the result of willful misconduct or manifest injustice.

CUSTOMERS OF USER. 10.1 User shall be responsible for all acts and omissions of any of its Customers with respect to their use of Pool Chassis, and an act or omission of a Customer shall be considered an act or omission of User for purposes of User’s obligations hereunder regarding breach, termination, representations, warranties, indemnities, and other provisions of this Agreement. 10.2 In order for a Customer to have access to Pool Chassis, User shall submit in the (CCM POOL NAME)DCCP’s designated format identifying information for its Customers permitted to receive Pool Chassis. Such submissions shall be made in compliance with the requirements of the (CCM POOL NAME) DCCP Operations Manual relating to Customer access to Pool Chassis, as may be amended from time to time. The Operations Manual may contain rules allocating responsibility for equipment usage in cases of customers who have not been designated by a User or in which customer does not identify from which User it is receiving chassis. 10.3 (CCM POOL NAME) DCCP shall have the right to deny to User and/or its Customers use of (CCM POOL NAME) DCCP pool Chassis and to require immediate return of Pool equipment to a terminal if the (CCM POOL NAME) DCCP Board in its reasonable discretion determines that User, a Customer, or a motor carrier or other contractor or vendor engaged by User or a Customer, is operating in an unsafe or reckless manner, or poses an immediate threat of damage to persons or property. If the (CCM POOL NAME) DCCP Board makes such a determination, the Board shall supply notice of such determination to User. Upon receipt of notice of such determination, User shall have five (5) days to respond with any information or documentation. The (CCM POOL NAME) DCCP Board shall retain discretion to deny to User use of (CCM POOL NAME) DCCP pool Chassis and to require immediate return of Chassis to a designated terminal after considering the response from User. In the event of a dispute under this paragraph, (CCM POOL NAME) DCCP may appoint an independent auditor to review the safety of operations or related practices of a User or a Customer. The report of the auditor shall be advisory only. The (CCM POOL NAME) DCCP Board retains the right to suspend User’s use of (CCM POOL NAME) DCCP pool Chassis during the notice and response process if, in the (CCM POOL NAME) DCCP Board’s sole discretion, a User’s Customer, via its conduct, presents an imminent danger of immediate harm to persons or property. 10.4 (CCM POOL NAME) DCCP shall have no liability for damages resulting from any suspension or denial of access to Chassis or a requirement to return Chassis unless the decision by (CCM POOL NAME) DCCP was the result of willful misconduct or manifest injustice.

CUSTOMERS OF USER. 10.1 User shall be responsible for all acts and omissions of any of its Customers with respect to their use of Pool Chassis, and an act or omission of a Customer shall be considered an act or omission of User for purposes of User’s obligations hereunder regarding breach, termination, representations, warranties, indemnities, and other provisions of this Agreement. 10.2 In order for a Customer to have access to Pool Chassis, User shall submit in the (CCM POOL NAME)COCP’s designated format identifying information for its Customers permitted to receive Pool Chassis. Such submissions shall be made in compliance with the requirements of the (CCM POOL NAME) COCP Operations Manual relating to Customer access to Pool Chassis, as may be amended from time to time. The Operations Manual may contain rules allocating responsibility for equipment usage in cases of customers who have not been designated by a User or in which customer does not identify from which User it is receiving chassis. 10.3 (CCM POOL NAME) COCP shall have the right to deny to User and/or its Customers use of (CCM POOL NAME) COCP pool Chassis and to require immediate return of Pool equipment to a terminal if the (CCM POOL NAME) COCP Board in its reasonable discretion determines that User, a Customer, or a motor carrier or other contractor or vendor engaged by User or a Customer, is operating in an unsafe or reckless manner, or poses an immediate threat of damage to persons or property. If the (CCM POOL NAME) COCP Board makes such a determination, the Board shall supply notice of such determination to User. Upon receipt of notice of such determination, User shall have five (5) days to respond with any information or documentation. The (CCM POOL NAME) COCP Board shall retain discretion to deny to User use of (CCM POOL NAME) COCP pool Chassis and to require immediate return of Chassis to a designated terminal after considering the response from User. In the event of a dispute under this paragraph, (CCM POOL NAME) COCP may appoint an independent auditor to review the safety of operations or related practices of a User or a Customer. The report of the auditor shall be advisory only. The (CCM POOL NAME) COCP Board retains the right to suspend User’s use of (CCM POOL NAME) COCP pool Chassis during the notice and response process if, in the (CCM POOL NAME) COCP Board’s sole discretion, a User’s Customer, via its conduct, presents an imminent danger of immediate harm to persons or property. 10.4 (CCM POOL NAME) COCP shall have no liability for damages resulting from any suspension or denial of access to Chassis or a requirement to return Chassis unless the decision by (CCM POOL NAME) COCP was the result of willful misconduct or manifest injustice.

CUSTOMERS OF USER. 10.1 User shall be responsible for all acts and omissions of any of its Customers with respect to their use of Pool Chassis, and an act or omission of a Customer shall be considered an act or omission of User for purposes of User’s obligations hereunder regarding breach, termination, representations, warranties, indemnities, and other provisions of this Agreement. 10.2 In order for a Customer to have access to Pool Chassis, User shall submit in the (CCM POOL NAME)MWCP’s designated format identifying information for its Customers permitted to receive Pool Chassis. Such submissions shall be made in compliance with the requirements of the (CCM POOL NAME) MWCP Operations Manual relating to Customer access to Pool Chassis, as may be amended from time to time. The Operations Manual may contain rules allocating responsibility for equipment usage in cases of customers who have not been designated by a User or in which customer does not identify from which User it is receiving chassis. 10.3 (CCM POOL NAME) MWCP shall have the right to deny to User and/or its Customers use of (CCM POOL NAME) MWCP pool Chassis and to require immediate return of Pool equipment to a terminal if the (CCM POOL NAME) MWCP Board in its reasonable discretion determines that User, a Customer, or a motor carrier or other contractor or vendor engaged by User or a Customer, is operating in an unsafe or reckless manner, or poses an immediate threat of damage to persons or property. If the (CCM POOL NAME) MWCP Board makes such a determination, the Board shall supply notice of such determination to User. Upon receipt of notice of such determination, User shall have five (5) days to respond with any information or documentation. The (CCM POOL NAME) MWCP Board shall retain discretion to deny to User use of (CCM POOL NAME) MWCP pool Chassis and to require immediate return of Chassis to a designated terminal after considering the response from User. In the event of a dispute under this paragraph, (CCM POOL NAME) MWCP may appoint an independent auditor to review the safety of operations or related practices of a User or a Customer. The report of the auditor shall be advisory only. The (CCM POOL NAME) MWCP Board retains the right to suspend User’s use of (CCM POOL NAME) MWCP pool Chassis during the notice and response process if, in the (CCM POOL NAME) MWCP Board’s sole discretion, a User’s Customer, via its conduct, presents an imminent danger of immediate harm to persons or property. 10.4 (CCM POOL NAME) MWCP shall have no liability for damages resulting from any suspension or denial of access to Chassis or a requirement to return Chassis unless the decision by (CCM POOL NAME) MWCP was the result of willful misconduct or manifest injustice.

CUSTOMERS OF USER. 10.1 User shall be responsible for all acts and omissions of any of its Customers with respect to their use of Pool Chassis, and an act act, omission, or omission knowledge of a Customer shall be considered an act act, omission, or omission knowledge of User for purposes of User’s obligations hereunder regarding breach, termination, representations, warranties, indemnities, and other provisions of this Agreement; provided that a Customer shall not be deemed to be a third party beneficiary hereunder or otherwise at law. 10.2 In order for a Customer to have access to Pool Chassis, User shall submit in the (CCM POOL NAME)’s designated format identifying information for its Customers permitted to receive Pool Chassis. Such submissions shall be made in compliance with the requirements of the (CCM POOL NAME) Operations Manual relating to Customer access to Pool Chassis, as may be amended from time to time. The Operations Manual may contain rules allocating responsibility for equipment usage in cases of customers who have not been designated by a User or in which customer does not identify from which User it is receiving chassis. 10.3 (CCM POOL NAME) shall have the right to deny to User and/or its Customers use of (CCM POOL NAME) pool Chassis and to require immediate return of Pool equipment to a terminal if the (CCM POOL NAME) Board in its reasonable discretion determines that User, a Customer, or a motor carrier or other contractor or vendor engaged by User, a Customer, or a motor carrier or other contractor or vendor engaged by User or a Customer, is operating in an unsafe or reckless manner, or poses an immediate threat of damage to persons or property. If the (CCM POOL NAME) Board makes such a determination, the Board (CCM POOL NAME) shall supply notice of such determination to User. Upon receipt of notice of such determination, User shall have five (5) days to respond with any information or documentation. The (CCM POOL NAME) Board shall retain discretion to deny to User use of (CCM POOL NAME) pool Chassis and to require immediate return of a Chassis to a designated terminal after considering the response from User. In the event of a dispute under this paragraph, (CCM POOL NAME) may appoint an independent auditor to review the safety of operations or related practices of a User or a Customer. The report of the auditor shall be advisory only. The (CCM POOL NAME) Board retains the right rights to suspend User’s use of (CCM POOL NAME) pool Chassis during the notice and response process if, in the (CCM POOL NAME) Board)’s sole discretion, a User’s Customer, via its conduct, presents an imminent danger of immediate harm to persons or property. 10.4 (CCM POOL NAME) shall have no liability for damages resulting from any suspension or denial of access to Chassis or a requirement to return Chassis unless the decision by (CCM POOL NAME) was the result of willful misconduct or manifest injustice.

CUSTOMERS OF USER. 10.1 User shall be responsible for all acts and omissions of any of its Customers with respect to their use of Pool Chassis, and an act or omission of a Customer shall be considered an act or omission of User for purposes of User’s obligations hereunder regarding breach, termination, representations, warranties, indemnities, and other provisions of this Agreement. 10.2 In order for a Customer to have access to Pool Chassis, User shall submit in the ((CCM POOL NAME))’s designated format identifying information for its Customers permitted to receive Pool Chassis. Such submissions shall be made in compliance with the requirements of the ((CCM POOL NAME)) Operations Manual relating to Customer access to Pool Chassis, as may be amended from time to time. The Operations Manual may contain rules allocating responsibility for equipment usage in cases of customers who have not been designated by a User or in which customer does not identify from which User it is receiving chassis. 10.3 ((CCM POOL NAME)) shall have the right to deny to User and/or its Customers use of ((CCM POOL NAME)) pool Chassis and to require immediate return of Pool equipment to a terminal if the ((CCM POOL NAME)) Board in its reasonable discretion determines that User, a Customer, or a motor carrier or other contractor or vendor engaged by User or a Customer, is operating in an unsafe or reckless manner, or poses an immediate threat of damage to persons or property. If the ((CCM POOL NAME)) Board makes such a determination, the Board shall supply notice of such determination to User. Upon receipt of notice of such determination, User shall have five (5) days to respond with any information or documentation. The ((CCM POOL NAME)) Board shall retain discretion to deny to User use of ((CCM POOL NAME)) pool Chassis and to require immediate return of Chassis to a designated terminal after considering the response from User. In the event of a dispute under this paragraph, ((CCM POOL NAME)) may appoint an independent auditor to review the safety of operations or related practices of a User or a Customer. The report of the auditor shall be advisory only. The ((CCM POOL NAME)) Board retains the right to suspend User’s use of ((CCM POOL NAME)) pool Chassis during the notice and response process if, in the ((CCM POOL NAME)) Board’s sole discretion, a User’s Customer, via its conduct, presents an imminent danger of immediate harm to persons or property. 10.4 ((CCM POOL NAME)) shall have no liability for damages resulting from any suspension or denial of access to Chassis or a requirement to return Chassis unless the decision by ((CCM POOL NAME)) was the result of willful misconduct or manifest injustice.