Common use of FREIGHT CARRIAGE Clause in Contracts

FREIGHT CARRIAGE. BROKER warrants that is has entered into, or will enter into, bilateral contracts with each railroad and motor carrier it utilizes in the performance of this Agreement. BROKER further warrants that those contracts comply with all applicable federal and state regulations and shall include the following provisions: A. Carrier shall agree to defend, indemnify and hold BROKER and SHIPPER harmless from all damages, claims or losses arising out of its performance of the Agreement, including cargo loss and damage, theft, delay, damage to property, and personal injury or death. B. Carrier shall agree that its liability for cargo loss or damage shall be no less that that of a Common Carrier as provided for in 49 USC 14706 (the Xxxxxxx Amendment). Exclusions in Carrier’s insurance coverage shall not exonerate Carrier from this liability. For shipments outside of the United States the terms in Foreign Shipments Appendix D of this Agreement shall apply. C. Carrier shall agree to maintain at all times during the term of the contract, insurance coverage with limits not less than the following: General Liability/Property Damage - $1,000,000 Auto Liability - $1,000,000 Cargo Liability - $100,000 Worker’s Compensation - As required by law BROKER shall verify that each carrier it utilizes in the performance of this Agreement has insured coverage as defined above. D. Carrier shall agree that the provisions contained in 49 CFR 370.1 et seq. shall govern the processing of claims for loss, damage, injury or delay to property and the processing of salvage. E. Carrier shall authorize BROKER to invoice SHIPPER for services provided by the Carrier. Carrier shall further agree that BROKER is the sole party responsible for payment of its invoices and that, under no circumstances, will Carrier seek payment from the shipper, consignee or BROKER’s customer. F. Carrier shall agree that, at no time during the term of its contract with BROKER shall it have an “Unsatisfactory” safety rating as determined by the Federal Motor Carrier Safety Administration (FMCSA). If Carrier receives an Unsatisfactory safety rating, it shall immediately notify BROKER. BROKER shall not knowingly utilize any carrier with an unsatisfactory safety rating in the performance of this Agreement. G. Charges may apply for late pick-ups and deliveries. H. It is the driver;s responsibility to ensure that the load is safe, secure and legal for transport I. Driver is required to check call daily, if not $50 will be charged. J. All trailers must be clean, odor free and have no holes. K. Any deviation from dispatch instructions must be called in immediately. L. All products SHORTAGES must be reported at the time of pickup. Failure to report will result in additional charges. M. RE-BROKERING, ASSIGNING or interlining of this shipment will void our obligation to pay your freight. N. Carrier shall agree that the terms and conditions of its contract with BROKER shall apply on all shipments in handles for BROKER. Any terms in a tariff that are referenced in the carrier contract which are inconsistent with the contract shall be subordinate to the terms of the contract. O. Carrier shall expressly waive all rights and remedies under Title 49 U.S.C., Subtitle IV, Part B to the extent they conflict with the contract. P. BROKER further warrants it will require proof of insurance and operating authority from each Carrier and, should BROKER utilize the services of any Carrier or other BROKER on SHIPPER’s behalf, which Carrier and/or BROKER does not have proof of insurance and/or operating authority, BROKER agrees to indemnify and hold harmless SHIPPER from all legitimate claims not paid by Carrier, including but not limited to cargo loss and damage claims.

FREIGHT CARRIAGE. BROKER warrants that is it has entered into, or will enter into, bilateral contracts with each railroad and motor carrier it utilizes in the performance of this Agreement. BROKER further warrants that those contracts comply with all applicable federal and state regulations and shall include substantially the following provisions: A. Carrier shall agree to defend, indemnify and hold BROKER and SHIPPER harmless from all damages, claims or losses arising out of its performance of the Agreement, including cargo loss and damage, theft, delay, damage to property, and personal injury or death. B. Carrier shall agree that its liability for cargo loss or damage shall be no less that than that of a Common Carrier as provided for in 49 USC § 14706 (the Xxxxxxx Amendment). Exclusions in Carrier’s insurance coverage shall not exonerate Carrier from this liability. For shipments outside of the United States the terms in Foreign Shipments Appendix D of this Agreement shall apply. C. Carrier X. Xxxxxxx shall agree to maintain at all times during the term of the contract, insurance coverage with limits not less than the following: General Liability/Property Damage - $1,000,000 Auto Liability - $1,000,000 1,000,000/$5,000,000 for hazardous materials Cargo Liability - $100,000 Worker’s Compensation - As – as required by law law. BROKER shall verify that each carrier it utilizes in the performance of this Agreement has insured insurance coverage as defined above. D. C. Carrier shall agree that the provisions contained in 49 CFR § 370.1 et seq. shall govern the processing of claims for loss, damage, injury or delay to property and the processing of salvage. E. D. Carrier shall authorize BROKER to invoice SHIPPER CUSTOMER for services provided by the Carrier. Carrier Xxxxxxx shall further agree that BROKER is the sole party responsible for payment of its invoices and that, under no circumstancescircumstance, will Carrier seek payment from the shipper, consignee or BROKER’s customer. F. E. Carrier shall agree that, at no time during the term of its contract with BROKER BROKER, shall it have an “Unsatisfactory” or “Conditional” safety rating as determined by the Federal Motor Carrier Safety Administration (FMCSA). If Carrier receives an Unsatisfactory or Conditional safety rating, it shall immediately notify BROKER. BROKER shall not knowingly utilize any carrier with an unsatisfactory safety rating in the performance of this Agreement. BROKER will require additional investigation if Carrier receives a conditional rating. G. Charges may apply for late pick-ups and deliveries. H. It is the driver;s responsibility to ensure that the load is safe, secure and legal for transport I. Driver is required to check call daily, if not $50 will be charged. J. All trailers must be clean, odor free and have no holes. K. Any deviation from dispatch instructions must be called in immediately. L. All products SHORTAGES must be reported at the time of pickup. Failure to report will result in additional charges. M. RE-BROKERING, ASSIGNING or interlining of this shipment will void our obligation to pay your freight. N. F. Carrier shall agree that the terms and conditions of its contract with BROKER shall apply on all shipments in it handles for BROKER. Any terms in a tariff that are referenced in the carrier contract which are inconsistent with the contract shall be subordinate to the terms of the contract. O. G. Carrier shall expressly waive all rights and remedies under Title 49 U.S.C., Subtitle IV, Part B U.S.C. § 14101(b) to the extent they conflict with the contract. P. BROKER further warrants it will require proof of insurance and operating authority from each Carrier and, should BROKER utilize the services of any Carrier or other BROKER on SHIPPER’s behalf, which Carrier and/or BROKER does not have proof of insurance and/or operating authority, BROKER agrees to indemnify and hold harmless SHIPPER from all legitimate claims not paid by Carrier, including but not limited to cargo loss and damage claims.

FREIGHT CARRIAGE. BROKER warrants that is it has entered into, or will enter into, bilateral contracts with each railroad and motor carrier it utilizes in the performance of this Agreement. BROKER further warrants that those contracts comply with all applicable federal and state regulations and shall include the following provisions: A. Carrier shall agree to defend, indemnify and hold BROKER and SHIPPER harmless from all damages, claims or losses arising out of its performance of the Agreement, including cargo loss and damage, theft, delay, damage to property, and personal injury or death. B. Carrier shall agree that its liability for cargo loss or damage shall be no less that than that of a Common Carrier as provided for in 49 USC 14706 (the Xxxxxxx Amendment). Exclusions in Carrier’s insurance coverage shall not exonerate exo nerate Carrier from this liability. For shipments outside of the United States the terms in Foreign Shipments Appendix D of this Agreement shall apply. C. Carrier shall agree to maintain at all times during the term of the contract, insurance coverage with limits not less than the following: General Liability/Property Damage - $1,000,000 ________ Auto Liability - $1,000,000 ________ Cargo Liability - $100,000 ________ Worker’s Compensation - As – as required by law law. BROKER shall verify that each carrier it utilizes in the performance of this Agreement has insured insurance coverage as defined above. D. Carrier shall agree that the provisions contained in 49 CFR 370.1 et seq. shall govern the processing of claims for loss, damage, injury or delay to property and the processing of salvage. E. Carrier shall authorize BROKER to invoice SHIPPER for services provided by the Carrier. Carrier shall further agree that BROKER is the sole party responsible for payment of its invoices and that, under no circumstancescircumstance, will Carrier seek payment from the shipper, consignee or BROKER’s customer. F. Carrier shall agree that, at no time during the term of its contract with BROKER BROKER, shall it have an “Unsatisfactory” safety rating as determined by the Federal Motor Carrier Safety Administration (FMCSA). If Carrier receives an Unsatisfactory safety rating, it shall immediately notify BROKER. BROKER shall not knowingly utilize any carrier with an unsatisfactory Unsatisfactory safety rating in the performance of this Agreement. G. Charges may apply for late pick-ups and deliveries. H. It is the driver;s responsibility to ensure that the load is safe, secure and legal for transport I. Driver is required to check call daily, if not $50 will be charged. J. All trailers must be clean, odor free and have no holes. K. Any deviation from dispatch instructions must be called in immediately. L. All products SHORTAGES must be reported at the time of pickup. Failure to report will result in additional charges. M. RE-BROKERING, ASSIGNING or interlining of this shipment will void our obligation to pay your freight. N. Carrier shall agree that the terms and conditions of its contract with BROKER shall apply on all shipments in it handles for BROKER. Any terms in a tariff that are referenced in the carrier contract which are inconsistent with the contract shall be subordinate to the terms of the contract. O. H. Carrier shall expressly waive all rights and remedies under Title 49 U.S.C., Subtitle IV, Part B to the extent they conflict with the contract. P. I. BROKER further warrants it will require proof of insurance and operating authority from each Carrier and, should BROKER utilize the services of any Carrier or other BROKER broker on SHIPPER’s behalf, which Carrier and/or BROKER broker does not have proof of insurance and/or operating authority, BROKER agrees to indemnify and hold harmless SHIPPER from all legitimate claims not paid by Carrier, including but not limited to cargo loss and damage claims.

FREIGHT CARRIAGE. A. BROKER warrants that is it has entered into, or will enter into, bilateral contracts into a written contract of carriage with each railroad and motor carrier it utilizes in the performance of this Agreement. BROKER further warrants that those contracts comply with all applicable federal and state laws and regulations and shall may include the following provisions: A. 1. Carrier is in, and shall agree maintain compliance during the term of this Agreement, with all applicable federal, state and local laws relating to defend, indemnify and hold BROKER and SHIPPER harmless from all damages, claims or losses arising out the provision of its performance of the Agreement, including cargo loss and damage, theft, delay, damage to property, and personal injury or death.services; B. Carrier shall agree that its liability for cargo loss or damage shall be no less that that of a Common Carrier as provided for in 49 USC 14706 (the Xxxxxxx Amendment)2. Exclusions in Carrier’s insurance coverage shall not exonerate Carrier from this liability. For shipments outside of the United States the terms in Foreign Shipments Appendix D of this Agreement shall apply. C. Carrier shall agree to maintain at all times during the term of the contract, insurance coverage with limits not less than the following: General Liability/Property Damage - $1,000,000 Auto Liability - $1,000,000 Cargo Liability - $100,000 Worker’s Compensation - As amounts required by law BROKER shall verify that each carrier it utilizes in the performance of this Agreement has insured coverage as defined abovelaw. D. 3. Carrier shall agree that the provisions contained in 49 CFR 370.1 et seq. shall govern the processing of claims for loss, damage, injury or delay to property and the processing of salvage, except to the extent otherwise stated herein, in which case, the terms of this agreement shall control. E. Carrier shall authorize BROKER to invoice SHIPPER for services provided by the Carrier4. Carrier shall further agree that BROKER is the sole party responsible for payment of its invoices and that, under no circumstances, will Carrier seek payment from the shipper, consignee or BROKER’s customer. F. Carrier shall agree that, at no time during the term of its contract with BROKER shall it have an “Unsatisfactory” safety rating as determined by the Federal Motor Carrier Safety Administration (FMCSA). If Carrier receives an Unsatisfactory “Unsatisfactory” safety rating, it shall immediately notify BROKER. BROKER shall not knowingly utilize any carrier with an unsatisfactory “Unsatisfactory” safety rating in the performance of this Agreement. G. Charges may apply for late pick-ups and deliveries. H. It is the driver;s responsibility to ensure that the load is safe, secure and legal for transport I. Driver is required to check call daily, if not $50 will be charged. J. All trailers must be clean, odor free and have no holes. K. Any deviation from dispatch instructions must be called in immediately. L. All products SHORTAGES must be reported at the time of pickup5. Failure to report will result in additional charges. M. RE-BROKERING, ASSIGNING or interlining of this shipment will void our obligation to pay your freight. N. Carrier shall agree that the terms and conditions of its contract with BROKER shall apply on all shipments in it handles for BROKER. Any terms in a tariff that are referenced in the carrier contract which are inconsistent with the contract shall be subordinate to the terms of the contract. O. Carrier 6. Xxxxxxx shall expressly waive agree to maintain at all rights and remedies under Title 49 U.S.C., Subtitle IV, Part B to times during the extent they conflict with term of the contract. P. BROKER further warrants it will require proof of , insurance and operating authority from each Carrier and, should BROKER utilize coverage with limits not less than the services of any Carrier or other BROKER on SHIPPER’s behalf, which Carrier and/or BROKER does not have proof of insurance and/or operating authority, BROKER agrees to indemnify and hold harmless SHIPPER from all legitimate claims not paid by Carrier, including but not limited to cargo loss and damage claims.following:

FREIGHT CARRIAGE. BROKER warrants that is it has entered into, or will enter into, bilateral contracts with each railroad and motor carrier Carrier it utilizes in the performance of this Agreement. BROKER agreement SHIPPER further warrants that those contracts comply with all applicable federal and state regulations and shall include the following provisions: A. : Carrier shall agree to defend, indemnify and hold BROKER harmless SHIPPER and SHIPPER harmless their directors, employees, officers, and affiliated parent and subsidiary companies (the “Indemnified Parties”) from and against all claims, liabilities, losses, damages, claims or losses arising out of its performance of the Agreementfines, including cargo loss and damagepenalties, theftpayments, delay, damage to propertycosts, and personal injury expenses (including, without limitation, reasonable legal fees, but excluding consequential damages) caused by and resulting from (i) the negligence or death. B. intentional misconduct of Carrier or its employees or agents, or (ii) Carrier or its employees’ or agents’ violation of applicable laws or regulations. Carrier shall agree that its liability for cargo loss or damage shall be no less that that of a Common Carrier as provided for in 49 USC 14706 (the Xxxxxxx Amendment). Exclusions in Carrier’s insurance coverage shall not exonerate Carrier from this liability. For shipments outside of the United States the terms in Foreign Shipments Appendix D of this Agreement shall apply. C. Carrier shall agree to maintain at all times during the term of the contract, insurance coverage with limits not less than the following: General Liability/Property Damage - $1,000,000 Auto Liability - $1,000,000 Cargo Liability - $100,000 Worker’s Compensation - As required by law BROKER shall verify that each carrier it utilizes in the performance of this Agreement has insured coverage as defined above. D. Carrier shall agree that the provisions contained in 49 CFR 370.1 et seq. shall govern the processing of claims for loss, damage, injury or delay to property and the processing of salvage. E. . Carrier shall authorize BROKER to invoice SHIPPER Shipper for services provided by the Carrier. Carrier Xxxxxxx shall further agree that BROKER is the sole party responsible for payment of its invoices and that, under no circumstancescircumstance, will Carrier seek payment from the shipper, consignee or BROKER’s BROKER customer. F. Carrier shall agree that, at no time during the term of its contract with BROKER shall it have an “Unsatisfactory” safety rating as determined by the Federal Motor Carrier Safety Administration (FMCSA). If Carrier receives an Unsatisfactory safety rating, it shall immediately notify BROKER. BROKER shall not knowingly utilize any carrier with an unsatisfactory safety rating in the performance of this Agreement. G. Charges may apply for late pick-ups and deliveries. H. It is the driver;s responsibility to ensure that the load is safe, secure and legal for transport I. Driver is required to check call daily, if not $50 will be charged. J. All trailers must be clean, odor free and have no holes. K. Any deviation from dispatch instructions must be called in immediately. L. All products SHORTAGES must be reported at the time of pickup. Failure to report will result in additional charges. M. RE-BROKERING, ASSIGNING or interlining of this shipment will void our obligation to pay your freight. N. Carrier shall agree that the terms and conditions of its contract with BROKER shall apply on all shipments in it handles for BROKER. SHIPPER Any terms in a tariff that are referenced in the carrier contract which are inconsistent with the contract this Agreement shall be subordinate to the terms of the contract. O. this Agreement. Carrier shall expressly waive all rights and remedies under Title 49 U.S.C., Subtitle IV, and Part B to the extent they conflict with the contract. P. . BROKER further warrants it will require proof of insurance and operating authority from each Carrier and, should BROKER SHIPPER utilize the services of any Carrier carrier or other BROKER broker on SHIPPER’s ’S behalf, which Carrier carrier and/or BROKER broker does not have proof of insurance and/or operating authority, BROKER agrees to indemnify and hold harmless SHIPPER from all legitimate claims not paid by CarrierXxxxxxx, including but not limited to cargo loss and damage claims.

FREIGHT CARRIAGE. BROKER warrants that is it has entered into, or will enter into, bilateral contracts with each railroad and motor carrier it utilizes in the performance of this Agreement. BROKER further warrants that those contracts comply with all applicable federal and state regulations and shall include substantially the following provisions: A. Carrier shall agree to defend, indemnify and hold BROKER and SHIPPER harmless from all damages, claims or losses arising out of its performance of the Agreement, including cargo loss and damage, theft, delay, damage to property, and personal injury or death. B. Carrier shall agree that its liability for cargo loss or damage shall be no less that than that of a Common Carrier as provided for in 49 USC § 14706 (the Xxxxxxx Amendment). Exclusions in Carrier’s insurance coverage shall not exonerate Carrier from this liability. For shipments outside of the United States the terms in Foreign Shipments Appendix D of this Agreement shall apply. C. B. Carrier shall agree to maintain at all times during the term of the contract, insurance coverage with limits not less than the following: General Liability/Property Damage - $1,000,000 Auto Liability - $1,000,000 1,000,000/$5,000,000 for hazardous materials Cargo Liability - $100,000 Worker’s Compensation - As – as required by law law. BROKER shall verify that each carrier it utilizes in the performance of this Agreement has insured insurance coverage as defined above. D. C. Carrier shall agree that the provisions contained in 49 CFR § 370.1 et seq. shall govern the processing of claims for loss, damage, injury or delay to property and the processing of salvage. E. Carrier X. Xxxxxxx shall authorize BROKER to invoice SHIPPER CUSTOMER for services provided by the Carrier. Carrier Xxxxxxx shall further agree that BROKER is the sole party responsible for payment of its invoices and that, under no circumstancescircumstance, will Carrier seek payment from the shipper, consignee or BROKER’s customer. F. Carrier X. Xxxxxxx shall agree that, at no time during the term of its contract with BROKER BROKER, shall it have an “Unsatisfactory” or “Conditional” safety rating as determined by the Federal Motor Carrier Safety Administration (FMCSA). If Carrier receives an Unsatisfactory or Conditional safety rating, it shall immediately notify BROKER. BROKER shall not knowingly utilize any carrier with an unsatisfactory safety rating in the performance of this Agreement. BROKER will require additional investigation if Carrier receives a conditional rating. G. Charges may apply for late pick-ups and deliveries. H. It is the driver;s responsibility to ensure that the load is safe, secure and legal for transport I. Driver is required to check call daily, if not $50 will be charged. J. All trailers must be clean, odor free and have no holes. K. Any deviation from dispatch instructions must be called in immediately. L. All products SHORTAGES must be reported at the time of pickup. Failure to report will result in additional charges. M. RE-BROKERING, ASSIGNING or interlining of this shipment will void our obligation to pay your freight. N. Carrier X. Xxxxxxx shall agree that the terms and conditions of its contract with BROKER shall apply on all shipments in it handles for BROKER. Any terms in a tariff that are referenced in the carrier contract which are inconsistent with the contract shall be subordinate to the terms of the contract. O. Carrier X. Xxxxxxx shall expressly waive all rights and remedies under Title 49 U.S.C., Subtitle IV, Part B U.S.C. § 14101(b) to the extent they conflict with the contract. P. BROKER further warrants it will require proof of insurance and operating authority from each Carrier and, should BROKER utilize the services of any Carrier or other BROKER on SHIPPER’s behalf, which Carrier and/or BROKER does not have proof of insurance and/or operating authority, BROKER agrees to indemnify and hold harmless SHIPPER from all legitimate claims not paid by Carrier, including but not limited to cargo loss and damage claims.

FREIGHT CARRIAGE. BROKER warrants that is it has entered into, or will enter into, bilateral contracts with each railroad and motor carrier it utilizes in the performance of this Agreement. BROKER further warrants that those contracts comply with all applicable federal and state regulations and shall include substantially the following provisions: A. Carrier shall agree to defend, indemnify and hold BROKER and SHIPPER harmless from all damages, claims or losses arising out of its performance of the Agreement, including cargo loss and damage, theft, delay, damage to property, and personal injury or death. B. Carrier shall agree that its liability for cargo loss or damage shall be no less that than that of a Common Carrier as provided for in 49 USC § 14706 (the Xxxxxxx Amendment). Exclusions in Carrier’s insurance coverage shall not exonerate Carrier from this liability. For shipments outside of the United States the terms in Foreign Shipments Appendix D of this Agreement shall apply. C. B. Carrier shall agree to maintain at all times during the term of the contract, insurance coverage with limits not less than the following: General Liability/Property Damage - $1,000,000 Auto Liability - $1,000,000 Cargo Liability - $100,000 Worker’s Compensation - As required by law BROKER shall verify that each carrier it utilizes in the performance of this Agreement has insured insurance coverage as defined above. D. C. Carrier shall agree that the provisions contained in 49 CFR § 370.1 et seq. shall govern the processing of claims for loss, damage, injury or delay to property and the processing of salvage. E. D. Carrier shall authorize BROKER to invoice SHIPPER CUSTOMER for services provided by the Carrier. Carrier shall further agree that BROKER is the sole party responsible for payment of its invoices and that, under no circumstancescircumstance, will Carrier seek payment from the shipper, consignee or BROKER’s customer. F. E. Carrier shall agree that, at no time during the term of its contract with BROKER BROKER, shall it have an “Unsatisfactory” or “Conditional” safety rating as determined by the Federal Motor Carrier Safety Administration (FMCSA). If Carrier receives an Unsatisfactory or Conditional safety rating, it shall immediately notify BROKER. BROKER shall not knowingly utilize any carrier with an unsatisfactory safety rating in the performance of this Agreement. BROKER will require additional investigation if Carrier receives a conditional rating. G. Charges may apply for late pick-ups and deliveries. H. It is the driver;s responsibility to ensure that the load is safe, secure and legal for transport I. Driver is required to check call daily, if not $50 will be charged. J. All trailers must be clean, odor free and have no holes. K. Any deviation from dispatch instructions must be called in immediately. L. All products SHORTAGES must be reported at the time of pickup. Failure to report will result in additional charges. M. RE-BROKERING, ASSIGNING or interlining of this shipment will void our obligation to pay your freight. N. F. Carrier shall agree that the terms and conditions of its contract with BROKER shall apply on all shipments in it handles for BROKER. Any terms in a tariff that are referenced in the carrier contract which are inconsistent with the contract shall be subordinate to the terms of the contract. O. G. Carrier shall expressly waive all rights and remedies under Title 49 U.S.C., Subtitle IV, Part B U.S.C. § 14101(b) to the extent they conflict with the contract. P. BROKER further warrants it will require proof of insurance and operating authority from each Carrier and, should BROKER utilize the services of any Carrier or other BROKER on SHIPPER’s behalf, which Carrier and/or BROKER does not have proof of insurance and/or operating authority, BROKER agrees to indemnify and hold harmless SHIPPER from all legitimate claims not paid by Carrier, including but not limited to cargo loss and damage claims.

FREIGHT CARRIAGE. BROKER warrants that is it has entered into, or will enter into, bilateral contracts with each railroad and motor carrier it utilizes in the performance of this Agreement. BROKER further warrants that those contracts comply with all applicable federal and state regulations and shall include the following provisions: A. Carrier shall agree to defend, indemnify and hold BROKER and SHIPPER harmless from all damages, claims or losses arising out of its performance of the Agreement, including cargo loss and damage, theft, delay, damage to property, and personal injury or death. B. Carrier shall agree that its liability for cargo loss or damage shall be no less that than that of a Common Carrier as provided for in 49 USC 14706 (the Xxxxxxx Amendment). Exclusions in Carrier’s insurance coverage shall not exonerate Carrier from this liability. For shipments outside of the United States the terms in Foreign Shipments Appendix D of this Agreement shall apply. C. Carrier shall agree to maintain at all times during the term of the contract, insurance coverage with limits not less than the following: General Liability/Property Damage - $1,000,000 $ Auto Liability - $1,000,000 $ Cargo Liability - $100,000 $ Worker’s Compensation - As – as required by law law. BROKER shall verify that each carrier it utilizes in the performance of this Agreement has insured insurance coverage as defined above. D. Carrier shall agree that the provisions contained in 49 CFR 370.1 et seq. shall govern the processing of claims for loss, damage, injury or delay to property and the processing of salvage. E. Carrier shall authorize BROKER to invoice SHIPPER for services provided by the Carrier. Carrier shall further agree that BROKER is the sole party responsible for payment of its invoices and that, under no circumstancescircumstance, will Carrier seek payment from the shipper, consignee or BROKER’s customer. F. Carrier shall agree that, at no time during the term of its contract with BROKER BROKER, shall it have an “Unsatisfactory” safety rating as determined by the Federal Motor Carrier Safety Administration (FMCSA). If Carrier receives an Unsatisfactory safety rating, it shall immediately notify BROKER. BROKER shall not knowingly utilize any carrier with an unsatisfactory safety rating in the performance of this Agreement. G. Charges may apply for late pick-ups and deliveries. H. It is the driver;s responsibility to ensure that the load is safe, secure and legal for transport I. Driver is required to check call daily, if not $50 will be charged. J. All trailers must be clean, odor free and have no holes. K. Any deviation from dispatch instructions must be called in immediately. L. All products SHORTAGES must be reported at the time of pickup. Failure to report will result in additional charges. M. RE-BROKERING, ASSIGNING or interlining of this shipment will void our obligation to pay your freight. N. Carrier shall agree that the terms and conditions of its contract with BROKER shall apply on all shipments in it handles for BROKER. Any terms in a tariff that are referenced in the carrier contract which are inconsistent with the contract shall be subordinate to the terms of the contract. O. H. Carrier shall expressly waive all rights and remedies under Title 49 U.S.C., Subtitle IV, Part B to the extent they conflict with the contract. P. I. BROKER further warrants it will require proof of insurance and operating authority from each Carrier and, should BROKER utilize the services of any Carrier or other BROKER broker on SHIPPER’s behalf, which Carrier and/or BROKER broker does not have proof of insurance and/or operating authority, BROKER agrees to indemnify and hold harmless SHIPPER from all legitimate claims not paid by Carrier, including but not limited to cargo loss and damage claims.

FREIGHT CARRIAGE. BROKER warrants that is it has entered into, . or will enter into, bilateral contracts with each railroad and motor carrier it utilizes in the performance of this Agreement. BROKER further warrants that those contracts comply with all applicable federal and state regulations and shall include the following provisions: A. Carrier shall agree to defend, indemnify and hold BROKER and SHIPPER harmless from all damages, claims or losses arising out of its performance of the Agreement, . including cargo loss and damage, theft, delay, . damage to property, and personal injury or death. B. Carrier shall agree that its liability for cargo loss or damage shall be no less that than that of a Common Carrier as provided for in 49 USC 14706 (the Xxxxxxx Amendment). Exclusions in Carrier’s 's insurance coverage shall not exonerate Carrier from this liability. For shipments outside of the United States the terms in Foreign Shipments Appendix D of this Agreement shall apply. C. Carrier shall agree to maintain at all times during the term of the contract, . insurance coverage with limits not less than the following: General Liability/Property Damage - $1,000,000 • $ _ Auto Liability - $1,000,000 Liability· $ _ Cargo Liability - $100,000 • $ _ Worker’s 's Compensation - As as required by law law. BROKER shall verify that each carrier it utilizes in the performance of this Agreement has insured insurance coverage as defined above. D. Carrier shall agree that the provisions contained in 49 CFR 370.1 370. l et seq. shall govern the processing of claims for loss, damage, injury or delay to property and the processing of salvage. E. Carrier shall authorize BROKER to invoice SHIPPER for services provided by the Carrier. Carrier shall further agree that BROKER is the sole party responsible for payment of its invoices and that, . under no circumstancescircumstance, will Carrier seek payment from the shipper, . consignee or BROKER’s 's customer. F. Carrier shall agree that, . at no time during the term of its contract with BROKER BROKER. shall it have an “"Unsatisfactory” " safety rating as determined by the Federal Motor Carrier Safety Administration (FMCSA). If Carrier receives an Unsatisfactory safety rating, it shall immediately notify BROKER. BROKER shall not knowingly utilize any carrier with an unsatisfactory Unsatisfactory safety rating in the performance of this Agreement. G. Charges may apply for late pick-ups and deliveries. H. It is the driver;s responsibility to ensure that the load is safe, secure and legal for transport I. Driver is required to check call daily, if not $50 will be charged. J. All trailers must be clean, odor free and have no holes. K. Any deviation from dispatch instructions must be called in immediately. L. All products SHORTAGES must be reported at the time of pickup. Failure to report will result in additional charges. M. RE-BROKERING, ASSIGNING or interlining of this shipment will void our obligation to pay your freight. N. Carrier shall agree that the terms and conditions of its contract with BROKER shall apply on all shipments in it handles for BROKER. Any terms in a tariff that are referenced in the carrier contract which are inconsistent with the contract shall be subordinate to the terms of the contract. O. H. Carrier shall expressly waive all rights and remedies under Title 49 U.S.C., Subtitle IV, Part B to the extent they conflict with the contract. P. I. BROKER further warrants it will require proof of insurance and operating authority from each Carrier and, . should BROKER utilize the services of any Carrier or other BROKER broker on SHIPPER’s SHIPPER"s behalf, . which Carrier and/or BROKER broker does not have proof of insurance and/or operating authority, BROKER agrees to indemnify and hold harmless SHIPPER from all legitimate claims not paid by Carrier, . including but not limited to cargo loss and damage claims.

FREIGHT CARRIAGE. BROKER warrants that is it has entered into, or will enter into, bilateral contracts with each railroad and motor carrier it utilizes in the performance of this Agreement. BROKER further warrants that those contracts comply with all applicable federal and state regulations and shall include substantially the following provisions: A. Carrier shall agree to defend, indemnify and hold BROKER and SHIPPER harmless from all damages, claims or losses arising out of its performance of the Agreement, including cargo loss and damage, theft, delay, damage to property, and personal injury or death. B. Carrier shall agree that its liability for cargo loss or damage shall be no less that than that of a Common Carrier as provided for in 49 USC § 14706 (the Xxxxxxx Amendment). Exclusions in Carrier’s insurance coverage shall not exonerate Carrier from this liability. For shipments outside of the United States the terms in Foreign Shipments Appendix D of this Agreement shall apply. C. B. Carrier shall agree to maintain at all times during the term of the contract, insurance coverage with limits not less than the following: General Liability/Property Damage - $1,000,000 Auto Liability - $1,000,000 1,000,000/$5,000,000 for hazardous materials Cargo Liability - $100,000 Worker’s Compensation - As – as required by law law. BROKER shall verify that each carrier it utilizes in the performance of this Agreement has insured insurance coverage as defined above. D. C. Carrier shall agree that the provisions contained in 49 CFR § 370.1 et seq. shall govern the processing of claims for loss, damage, injury or delay to property and the processing of salvage. E. D. Carrier shall authorize BROKER to invoice SHIPPER CUSTOMER for services provided by the Carrier. Carrier shall further agree that BROKER is the sole party responsible for payment of its invoices and that, under no circumstancescircumstance, will Carrier seek payment from the shipper, consignee or BROKER’s customer. F. E. Carrier shall agree that, at no time during the term of its contract with BROKER BROKER, shall it have an “Unsatisfactory” or “Conditional” safety rating as determined by the Federal Motor Carrier Safety Administration (FMCSA). If Carrier receives an Unsatisfactory or Conditional safety rating, it shall immediately notify BROKER. BROKER shall not knowingly utilize any carrier with an unsatisfactory safety rating in the performance of this Agreement. BROKER will require additional investigation if Carrier receives a conditional rating. G. Charges may apply for late pick-ups and deliveries. H. It is the driver;s responsibility to ensure that the load is safe, secure and legal for transport I. Driver is required to check call daily, if not $50 will be charged. J. All trailers must be clean, odor free and have no holes. K. Any deviation from dispatch instructions must be called in immediately. L. All products SHORTAGES must be reported at the time of pickup. Failure to report will result in additional charges. M. RE-BROKERING, ASSIGNING or interlining of this shipment will void our obligation to pay your freight. N. F. Carrier shall agree that the terms and conditions of its contract with BROKER shall apply on all shipments in it handles for BROKER. Any terms in a tariff that are referenced in the carrier contract which are inconsistent with the contract shall be subordinate to the terms of the contract. O. G. Carrier shall expressly waive all rights and remedies under Title 49 U.S.C., Subtitle IV, Part B U.S.C. § 14101(b) to the extent they conflict with the contract. P. BROKER further warrants it will require proof of insurance and operating authority from each Carrier and, should BROKER utilize the services of any Carrier or other BROKER on SHIPPER’s behalf, which Carrier and/or BROKER does not have proof of insurance and/or operating authority, BROKER agrees to indemnify and hold harmless SHIPPER from all legitimate claims not paid by Carrier, including but not limited to cargo loss and damage claims.

FREIGHT CARRIAGE. BROKER warrants that is it has entered into, or will enter into, bilateral contracts with each railroad and motor carrier it utilizes in the performance of this Agreement. BROKER further warrants that those contracts comply with all applicable federal and state regulations and shall include substantially the following provisions: A. Carrier shall agree to defend, indemnify and hold BROKER and SHIPPER harmless from all damages, claims or losses arising out of its performance of the Agreement, including cargo loss and damage, theft, delay, damage to property, and personal injury or death. B. a. Carrier shall agree that its liability for cargo loss or damage shall be no less that than that of a Common Carrier as provided for in 49 USC § 14706 (the Xxxxxxx Amendment). Exclusions in Carrier’s insurance coverage shall not exonerate Carrier from this liability. For shipments outside of the United States the terms in Foreign Shipments Appendix D of this Agreement shall apply. C. b. Carrier shall agree to maintain maintain, at all times during the term of the contract, insurance coverage with limits not less than the following: General Liability/Property Damage - $1,000,000 Auto Liability - $1,000,000 1,000,000/$5,000,000 for hazardous materials Cargo Liability - $100,000 Worker’s Compensation - As – as required by law law. BROKER shall verify that each carrier it utilizes in the performance of this Agreement has insured insurance coverage as defined above. D. c. Carrier shall agree that the provisions contained in 49 CFR § 370.1 et seq. shall govern the processing of claims for loss, damage, injury or delay to property and the processing of salvage. E. d. Carrier shall authorize BROKER to invoice SHIPPER CUSTOMER for services provided by the Carrier. Carrier Xxxxxxx shall further agree that BROKER is the sole party responsible for payment of its invoices and that, under no circumstancescircumstance, will Carrier seek payment from the shipper, consignee or BROKER’s customer. F. e. Carrier shall agree that, at no time during the term of its contract with BROKER BROKER, shall it have an “Unsatisfactory” or “Conditional” safety rating as determined by the Federal Motor Carrier Safety Administration (FMCSA). If Carrier receives an Unsatisfactory or Conditional safety rating, it shall immediately notify BROKER. BROKER shall not knowingly utilize any carrier with an unsatisfactory safety rating in the performance of this Agreement. BROKER will require additional investigation if Carrier receives a conditional rating. G. Charges may apply for late pick-ups and deliveries. H. It is the driver;s responsibility to ensure that the load is safe, secure and legal for transport I. Driver is required to check call daily, if not $50 will be charged. J. All trailers must be clean, odor free and have no holes. K. Any deviation from dispatch instructions must be called in immediately. L. All products SHORTAGES must be reported at the time of pickup. Failure to report will result in additional charges. M. RE-BROKERING, ASSIGNING or interlining of this shipment will void our obligation to pay your freight. N. f. Carrier shall agree that the terms and conditions of its contract with BROKER shall apply on all shipments in it handles for BROKER. Any terms in a tariff that are referenced in the carrier contract which are inconsistent with the contract shall be subordinate to the terms of the contract. O. g. Carrier shall expressly waive all rights and remedies under Title 49 U.S.C., Subtitle IV, Part B U.S.C. § 14101(b) to the extent they conflict with the contract. P. BROKER further warrants it will require proof of insurance and operating authority from each Carrier and, should BROKER utilize the services of any Carrier or other BROKER on SHIPPER’s behalf, which Carrier and/or BROKER does not have proof of insurance and/or operating authority, BROKER agrees to indemnify and hold harmless SHIPPER from all legitimate claims not paid by Carrier, including but not limited to cargo loss and damage claims.

FREIGHT CARRIAGE. BROKER PTLS warrants that is it has entered into, or will enter into, bilateral contracts with each railroad and motor carrier Carrier it utilizes in the performance of this Agreement. BROKER PTLS further warrants that those contracts comply with all applicable federal and state regulations and shall include the following provisions: A. (a) Carrier shall agree to defend, indemnify and hold BROKER harmless PTLS and SHIPPER harmless and their directors, employees, officers, and affiliated parent and subsidiary companies (the “Indemnified Parties”) from and against all claims, liabilities, losses, damages, claims or losses arising out of its performance of the Agreementfines, including cargo loss and damagepenalties, theftpayments, delay, damage to propertycosts, and personal injury expenses (including, without limitation, reasonable legal fees, but excluding consequential damages) caused by and resulting from (i) the negligence or deathintentional misconduct of Carrier or its employees or agents, or (ii) Carrier or its employees’ or agents’ violation of applicable laws or regulations. B. (b) Carrier shall agree that its liability for cargo loss or damage shall be no less that that of a Common Carrier as provided for in 49 USC 14706 (the Xxxxxxx Amendment). Exclusions in Carrier’s insurance coverage shall not exonerate Carrier from this liability. For shipments outside of the United States the terms in Foreign Shipments Appendix D of this Agreement shall apply. C. (c) Carrier shall agree to maintain at all times during the term of the contract, insurance coverage in amounts required by law, but in any event with limits not less than the following: Commercial General Liability - $1,000,000.00 Auto Liability/Property Damage - $1,000,000 Auto Liability - $1,000,000 1,000,000.00 (or such greater amount as is required by law) Cargo Liability - $100,000 100,000.00 Worker’s Compensation - As as required by law BROKER shall verify that each carrier it utilizes in the performance of this Agreement has insured coverage as defined abovelaw. D. (d) Carrier shall agree that the provisions contained in 49 CFR 370.1 et seq. shall govern the processing of claims for loss, damage, injury or delay to property and the processing of salvage. E. (e) Carrier shall authorize BROKER PTLS to invoice SHIPPER for services provided by the Carrier. Carrier shall further agree that BROKER PTLS is the sole party responsible for payment of its invoices and that, under no circumstancescircumstance, will Carrier seek payment from the shipper, consignee or BROKER’s PTLS’ customer. F. (f) Carrier shall agree that, at no time during the term of its contract with BROKER PTLS, shall it have an “Unsatisfactory” safety rating as determined by the Federal Motor Carrier Safety Administration (FMCSA). If Carrier receives an Unsatisfactory “Unsatisfactory” safety rating, it shall immediately notify BROKER. BROKER shall not knowingly utilize any carrier with an unsatisfactory safety rating in the performance of this AgreementPTLS. G. Charges may apply for late pick-ups and deliveries. H. It is the driver;s responsibility to ensure that the load is safe, secure and legal for transport I. Driver is required to check call daily, if not $50 will be charged. J. All trailers must be clean, odor free and have no holes. K. Any deviation from dispatch instructions must be called in immediately. L. All products SHORTAGES must be reported at the time of pickup. Failure to report will result in additional charges. M. RE-BROKERING, ASSIGNING or interlining of this shipment will void our obligation to pay your freight. N. (g) Carrier shall agree that the terms and conditions of its contract with BROKER PTLS shall apply on all shipments in it handles for BROKERPTLS. Any terms in a tariff that are referenced in the carrier contract which are inconsistent with the contract this Agreement shall be subordinate to the terms of the contractthis Agreement. O. (h) Carrier shall expressly waive all rights and remedies under Title 49 U.S.C., Subtitle IV, Part B to the extent they conflict with the contract. P. BROKER (i) PTLS further warrants it will require proof of insurance and operating authority from each Carrier and, should BROKER PTLS utilize the services of any Carrier carrier or other BROKER broker on SHIPPER’s behalf, which Carrier carrier and/or BROKER broker does not have proof of insurance and/or operating authority, BROKER PTLS agrees to indemnify and hold harmless SHIPPER from all legitimate claims not paid by CarrierXxxxxxx, including but not limited to cargo loss and damage claims.