Determination of Means of Performance. In performing services subject to this Agreement, Contractor will, to the extent permitted by law, and subject to the other requirements of this Agreement, direct the operation of the Equipment in all respects and will determine the methods, means, and manner of performance of services hereunder including, but not limited to, choice of routes, points of maintenance, repair, fueling and servicing of Equipment, and rest stops. In addition thereto, Contractor has and will retain, to the extent permitted by law and subject to the other requirements of this Agreement, sole and complete responsibility for: (a) Hiring, paying, setting the wages, hours and working conditions for, adjusting the grievances of, supervising, training, disciplining, discharging, and otherwise fulfilling all of the legal obligations of an employer, including but not limited to Social Security obligations, income tax obligations, and unemployment compensation obligations, for all drivers and other personnel necessary for or utilized by Contractor pursuant to its performance under this Agreement. (b) Selecting, purchasing, insuring, financing, repairing and maintaining the Equipment. (c) Paying all operating costs and expenses incidental to the operation of the Equipment including, but not limited to fuel, fines, taxes, including fuel taxes, empty mileage (see definition in Addendum I, I,1), detention, accessorial services, vehicle identification, insurance, oil, tires, repairs, licenses, plates, base plates, permits, highway, bridge, and ferry tolls, to the extent any such costs and expenses are not paid for, compensated for or furnished by Carrier pursuant to this Agreement; provided, that as required by the FMCSA Leasing Regulations, and except when the violation results from the acts or omissions of Contractor, Carrier will assume the risks and costs of fines for overweight and oversized trailers when the trailers are pre-loaded, sealed, or the load is containerized, or when the trailer or 6 Rev. 7-23-15 lading is otherwise outside of Contractor's control, and for improperly permitted over-dimension and over-weight loads. Any such fines paid by Contractor will be reimbursed by Xxxxxxx to Contractor. However, failure of Contractor to weigh a pre-loaded trailer according to Xxxxxxx's policies and procedures will constitute an act or omission of the Contractor for purposes of this section. (d) Loading and unloading freight onto and from trailers as required by Carrier and/or its customers for the transportation of shipments entrusted to Contractor. Compensation for loading and unloading services by Contractor are included in Contractor's mileage compensation unless otherwise specified in the Schedule of Compensation. (e) Assuring that the Equipment, the Contractor, and Contractor's drivers, other employees and agents maintain a professional appearance when being utilized or when performing services for Carrier hereunder.
Appears in 1 contract
Samples: Contractor Operating Agreement
Determination of Means of Performance. In performing services subject to this Agreement, Contractor will, to the extent permitted by law, and subject to the other requirements of this Agreement, direct the operation of the Equipment in all respects and will determine the methods, means, and manner of performance of services hereunder including, but not limited to, choice of routes, points of maintenance, repair, fueling and servicing of Equipment, and rest stops. In addition thereto, Contractor has and will retain, to the extent permitted by law and subject to the other requirements of this Agreement, sole and complete responsibility for:
(a) Hiring, paying, setting the wages, hours and working conditions for, adjusting the grievances of, supervising, training, disciplining, discharging, and otherwise fulfilling all of the legal obligations of an employer, including but not limited to Social Security obligations, income tax obligations, and unemployment compensation obligations, for all drivers and other personnel necessary for or utilized by Contractor pursuant to its performance under this Agreement.
(b) Selecting, purchasing, insuring, financing, repairing and maintaining the Equipment.
(c) Paying all operating costs and expenses incidental to the operation of the Equipment including, but not limited to fuel, fines, taxes, including fuel taxes, empty mileage (see definition in Addendum I, I,1), detention, accessorial services, vehicle identification, insurance, oil, tires, repairs, licenses, plates, base plates, permits, highway, bridge, and ferry tolls, to the extent any such costs and expenses are not paid for, compensated for or furnished by Carrier pursuant to this Agreement; provided, that as required by the FMCSA Leasing Regulations, and except when the violation results from the acts or omissions of Contractor, Carrier will assume the risks and costs of fines for overweight and oversized trailers when the trailers are pre-loaded, sealed, or the load is containerized, or when the trailer or 6 Rev. 712-2313-15 13 lading is otherwise outside of Contractor's control, and for improperly permitted over-dimension and over-weight loads. Any such fines paid by Contractor will be reimbursed by Xxxxxxx to Contractor. However, failure of Contractor to weigh a pre-loaded trailer according to Xxxxxxx's policies and procedures will constitute an act or omission of the Contractor for purposes of this section.
(d) Loading and unloading freight onto and from trailers as required by Carrier and/or its customers for the transportation of shipments entrusted to Contractor. Compensation for loading and unloading services by Contractor are included in Contractor's mileage compensation unless otherwise specified in the Schedule of Compensation.
(e) Assuring that the Equipment, the Contractor, and Contractor's drivers, other employees and agents maintain a professional appearance when being utilized or when performing services for Carrier hereunder.
Appears in 1 contract
Samples: Contractor Operating Agreement
Determination of Means of Performance. In performing services subject to this Agreement, Contractor will, to the extent permitted by law, and subject to the other requirements of this Agreement, direct the operation of the Equipment in all respects and will determine the methods, means, and manner of performance of services hereunder including, but not limited to, choice of routes, points of maintenance, repair, fueling and servicing of Equipment, and rest stops. In addition thereto, Contractor has and will retain, to the extent permitted by law and subject to the other requirements of this Agreement, sole and complete responsibility for:
(a) Hiring, paying, setting the wages, hours and working conditions for, adjusting the grievances of, supervising, training, disciplining, discharging, and otherwise fulfilling all of the legal obligations of an employer, including but not limited to Social Security obligations, income tax obligations, and unemployment compensation obligations, for all drivers and other personnel necessary for or utilized by Contractor pursuant to its performance under this Agreement.
(b) Selecting, purchasing, insuring, financing, repairing and maintaining the Equipment.
(c) Paying all operating costs and expenses incidental to the operation of the Equipment including, but not limited to fuel, fines, taxes, including fuel taxes, empty mileage (see definition in Addendum I, I,1), detention, accessorial services, vehicle identification, insurance, oil, tires, repairs, licenses, plates, base plates, permits, highway, bridge, and ferry tolls, to the extent any such costs and expenses are not paid for, compensated for or furnished by Carrier pursuant to this Agreement; provided, that as required by the FMCSA STB Leasing Regulations, and except when the violation results from the acts or omissions of Contractor, Carrier will assume the risks and costs of fines for overweight and oversized trailers when the trailers are pre-loaded, sealed, or the load is containerized, or when the trailer or 6 Rev. 7-23-15 lading is otherwise outside of Contractor's control, and for improperly permitted over-dimension and over-over- weight loads. Any such fines paid by Contractor will be reimbursed by Xxxxxxx to Contractor. However, failure of Contractor to weigh a pre-loaded trailer according to Xxxxxxx's policies and procedures will constitute an act or omission of the Contractor for purposes of this section.
(d) Loading and unloading freight onto and from trailers as required by Carrier and/or its customers for the transportation of shipments entrusted to Contractor. Compensation for loading and unloading services by Contractor are included in Contractor's mileage compensation unless otherwise specified in the Schedule of Compensation.
(e) Assuring that the Equipment, the Contractor, and Contractor's drivers, other employees and agents maintain a professional appearance when being utilized or when performing services for Carrier hereunder.. RECF0017 5 Rev. 11.30.12
Appears in 1 contract
Samples: Contractor Operating Agreement
Determination of Means of Performance. In performing services subject to this Agreement, Contractor will, to the extent permitted by law, and subject to the other requirements of this Agreement, direct the operation of the Equipment in all respects and will determine the methods, means, and manner of performance of services hereunder including, but not limited to, choice of routes, points of maintenance, repair, fueling and servicing of Equipment, and rest stops. In addition thereto, Contractor has and will retain, to the extent permitted by law and subject to the other requirements of this Agreement, sole and complete responsibility for:
(a) Hiring, paying, setting the wages, hours and working conditions for, adjusting the grievances of, supervising, training, disciplining, discharging, and otherwise fulfilling all of the legal obligations of an employer, including but not limited to Social Security obligations, income tax obligations, and unemployment compensation obligations, for all drivers and other personnel necessary for or utilized by Contractor pursuant to its performance under this Agreement.
(b) Selecting, purchasing, insuring, financing, repairing and maintaining the Equipment.
(c) Paying all operating costs and expenses incidental to the operation of the Equipment including, but not limited to fuel, fines, taxes, including fuel taxes, empty mileage (see definition in Addendum I, I,1), detention, accessorial services, vehicle identification, insurance, oil, tires, repairs, licenses, plates, base plates, permits, highway, bridge, and ferry tolls, to the extent any such costs and expenses are not paid for, compensated for or furnished by Carrier pursuant to this Agreement; provided, that as required by the FMCSA Leasing Regulations, and except when the violation results from the acts or omissions of Contractor, Carrier will assume the risks and costs of fines for overweight and oversized trailers when the trailers are pre-loaded, sealed, or the load is containerized, or when the trailer or 6 Rev. 7-23-15 lading is otherwise outside of Contractor's control, and for improperly permitted over-dimension and over-weight loads. Any such fines paid by Contractor will be reimbursed by Xxxxxxx to Contractor. However, failure of Contractor to weigh a pre-loaded trailer according to Xxxxxxx's policies and procedures will constitute an act or omission of the Contractor for purposes of this section.
(d) Loading and unloading freight onto and from trailers as required by Carrier and/or its customers for the transportation of shipments entrusted to Contractor. Compensation for loading and unloading services by Contractor are included in Contractor's mileage compensation unless otherwise specified in the Schedule of Compensation.
(e) Assuring that the Equipment, the Contractor, and Contractor's drivers, other employees and agents maintain a professional appearance when being utilized or when performing services for Carrier hereunder.or
Appears in 1 contract
Samples: Contractor Operating Agreement
