Common use of Exclusive possession and responsibil- ities Clause in Contracts

Exclusive possession and responsibil- ities. (1) The lease shall provide that the authorized carrier lessee shall have exclusive possession, control, and use of the equipment for the duration of the lease. The lease shall further pro- vide that the authorized carrier lessee shall assume complete responsibility for the operation of the equipment for the duration of the lease. (2) Provision may be made in the lease for considering the authorized xxxxxxx xxxxxx as the owner of the equipment for the purpose of sub- leasing it under these regulations to other authorized carriers during the lease. (3) When an authorized carrier of household goods leases equipment for the transportation of household goods, as defined by the Secretary, the parties may provide in the lease that the pro- visions required by paragraph (c)(1) of this section apply only during the time the equipment is operated by or for the authorized carrier lessee. (4) Nothing in the provisions required by paragraph (c)(1) of this section is in- tended to affect whether the lessor or driver provided by the lessor is an inde- pendent contractor or an employee of the authorized carrier lessee. An inde- pendent contractor relationship may exist when a carrier lessee complies with 49 U.S.C. 14102 and attendant ad- ministrative requirements.

Exclusive possession and responsibil- ities. (1) The lease shall provide that the authorized carrier lessee shall have exclusive possession, control, and use of the equipment for the duration of the lease. The lease shall further pro- vide that the authorized carrier lessee shall assume complete responsibility for the operation of the equipment for the duration of the lease. (2) Provision may be made in the lease for considering the authorized xxxxxxx xxxxxx carrier lessee as the owner of the equipment for the purpose of sub- leasing it under these regulations to other authorized carriers during the lease. (3) When an authorized carrier of household goods leases equipment for the transportation of household goods, as defined by the Secretary, the parties may provide in the lease that the pro- visions required by paragraph (c)(1) of this section apply only during the time the equipment is operated by or for the authorized carrier lessee. (4) Nothing in the provisions required by paragraph (c)(1) of this section is in- tended to affect whether the lessor or driver provided by the lessor is an inde- pendent contractor or an employee of the authorized carrier lessee. An inde- pendent contractor relationship may exist when a carrier lessee complies with 49 U.S.C. 14102 and attendant ad- ministrative requirements.