Common use of FREIGHT LOSS, DAMAGE OR DELAY Clause in Contracts

FREIGHT LOSS, DAMAGE OR DELAY. (a) Unless otherwise set forth in Appendix A, CARRIER shall have the sole and exclusive care, custody and control of the cargo tendered hereunder from the time it is delivered to CARRIER for transportation until delivery to the consignee accompanied by the appropriate receipts. CARRIER shall notify BROKER immediately in the event any such cargo is lost (including stolen), damaged or destroyed, or in the event CARRIER becomes aware that applicable delivery schedules will not be met. (b) CARRIER assumes the liability of a motor carrier under the Xxxxxxx Amendment as currently codified at 49 U.S.C. § 14706 for loss, delay, damage to or destruction of any and all goods or property tendered to CARRIER pursuant to this Agreement from the time the shipment is tendered to CARRIER until delivery. (c) CARRIER shall be liable for the full invoice value of the cargo lost, damaged, delayed, or destroyed, as well as any additional costs or fees imposed upon BROKER by the cargo claimant, except that CARRIER’s full value liability shall not exceed $100,000 (U.S. Dollars) per shipment unless agreed upon in writing by the PARTIES (such agreement may, but need not necessarily, take the form of a declared value declaration). No other limitation of liability shall apply unless specifically agreed to in writing by BROKER prior to CARRIER’s receipt of the specific shipments to which such limitation applies, and BROKER’s agreement to a limitation shall not be construed as a waiver of full value liability with respect to any other goods tendered to CARRIER. (d) BROKER or its Customer may request that CARRIER accept a higher maximum liability. In such an event, the increased valuation will be stated in a separate Rate Confirmation Agreement or on the xxxx of lading. CARRIER’s acceptance of the load shall evidence CARRIER’s acknowledgement that CARRIER agrees that it will be liable for the increased valuation (of the full value of the goods, whichever is less), and that CARRIER agrees to maintain cargo insurance up to the full amount of such valuation. Upon request, CARRIER will provide BROKER or Customer evidence of such increased cargo insurance limits, which insurance will comply with the provisions of this Agreement governing cargo insurance. (e) CARRIER waives any Applicable Law regarding processing of claims and handling of salvage, including, but not limited to, the provisions of 49 C.F.R. Part 370. CARRIER shall pay to BROKER, or allow BROKER to deduct from the amount BROKER owes CARRIER, Customer’s full actual loss for the kind and quantity of commodities so lost, delayed, damaged or destroyed. Payments by CARRIER to BROKER or its Customer, pursuant to the provisions of this section, shall be made within thirty (30) days following receipt by CARRIER of BROKER’s or Customer’s undisputed claim and supporting documentation. CARRIER shall fully assist BROKER in investigating any claim for cargo loss, damage, delay, or destruction. (f) CARRIER waives any right to salvage goods subject to this provision, as well as any right to claim an offset for the value of salvage. (g) Exclusions from coverage contained in CARRIER’s Cargo Insurance as required herein shall not affect CARRIER’s liability for freight loss, damage, or delay.

FREIGHT LOSS, DAMAGE OR DELAY. (a) Unless otherwise set forth in Appendix A, CARRIER shall have the sole and exclusive care, custody and control of the cargo tendered hereunder from the time it is delivered to CARRIER for transportation until delivery to the consignee accompanied by the appropriate receipts. CARRIER shall notify BROKER immediately in the event any such cargo is lost (including stolen), damaged or destroyed, or in the event CARRIER becomes aware that applicable delivery schedules will not be met. (b) CARRIER assumes the liability of a motor carrier under the Xxxxxxx Amendment as currently codified at 49 U.S.C. § 14706 for loss, delay, damage to or destruction of any and all goods or property tendered to CARRIER pursuant to this Agreement from the time the shipment is tendered to CARRIER until delivery. (c) CARRIER shall be liable for the full invoice value of the cargo lost, damaged, delayed, or destroyed, as well as any additional costs or fees imposed upon BROKER by the cargo claimant, except that CARRIER’s full value liability shall not exceed $100,000 (U.S. Dollars) per shipment unless agreed upon in writing by the PARTIES (such agreement may, but need not necessarily, take the form of a declared value declaration). No other limitation of liability shall apply unless specifically agreed to in writing by BROKER prior to CARRIER’s receipt of the specific shipments to which such limitation applies, and BROKER’s agreement to a limitation shall not be construed as a waiver of full value liability with respect to any other goods tendered to CARRIER. (d) BROKER or its Customer may request that CARRIER accept a higher maximum liability. In such an event, the increased valuation will be stated in a separate Rate Confirmation Agreement or on the xxxx bill of lading. CARRIERXXXXXXX’s acceptance of the load shall evidence CARRIER’s acknowledgement that CARRIER XXXXXXX agrees that it will be liable for the increased valuation (of the full value of the goods, whichever is less), and that CARRIER agrees to maintain cargo insurance up to the full amount of such valuation. Upon request, CARRIER will provide BROKER or Customer evidence of such increased cargo insurance limits, which insurance will comply with the provisions of this Agreement governing cargo insurance. (e) Federal law prohibits sale of food products when the product may have been rendered injurious to health. Thus, XXXXXXX further agrees to the following provisions with respect to liability and damages to shipments covered by this Agreement: i. With respect to shipments subject to the seal requirements of this Agreement, where the underlying shipment documentation contains a clear seal record at origin, and regardless of whether the shipment bears a “Shipper Load and Count”, “SLC”, or similar designation: 1. If any such shipment arrives at destination: 1) with a broken seal or a seal that does not match the original seal; or 2) with evidence of tampering suggesting the shipment was accessed by unauthorized persons or otherwise subjected to contamination, infestation, or other sources with the potential to render the shipment injurious to health, the Customer may reject the load as a complete loss. 2. The foregoing subsection shall not apply to those situations where the original seal was broken by law enforcement personnel or at the express written instruction of the BROKER or Customer if, after the initial seal is broken, CARRIER complies with its obligations hereunder with respect to documentation and resealing as set forth elsewhere herein, as long as there is no additional evidence with respect to the shipment which would allow the Customer to invoke the foregoing subsection. ii. Where there is evidence that a shipment was subjected to inappropriate temperatures, the Customer, in its sole discretion, may determine that the shipment may have been rendered injurious to health and may reject the entire shipment or any portion thereof. (f) XXXXXXX agrees to refrain from salvaging any goods subject to this Agreement absent the express written consent of BROKER or the Customer, which consent may be granted or withheld in the sole discretion of BROKER or the Customer. (g) CARRIER waives any Applicable Law regarding processing of claims and handling of salvage, including, but not limited to, the provisions of 49 C.F.R. Part 370. CARRIER shall pay to BROKER, or allow BROKER to deduct from the amount BROKER owes CARRIER, Customer’s full actual loss for the kind and quantity of commodities so lost, delayed, damaged or destroyed. Payments by CARRIER to BROKER or its Customer, pursuant to the provisions of this section, shall be made within thirty (30) days following receipt by CARRIER of BROKER’s or Customer’s undisputed claim and supporting documentation. CARRIER shall fully assist BROKER in investigating any claim for cargo loss, damage, delay, or destruction. (fh) CARRIER waives any right to salvage goods subject to this provision, as well as any right to claim an offset for the value of salvage. (gi) Exclusions from coverage contained in CARRIER’s Cargo Insurance as required herein shall not affect CARRIER’s liability for freight loss, damage, or delay.

FREIGHT LOSS, DAMAGE OR DELAY. (a) Unless otherwise set forth in Appendix A, CARRIER shall have the sole and exclusive care, custody and control of the cargo tendered hereunder from the time it is delivered to CARRIER for transportation until delivery to the consignee accompanied by the appropriate receipts. CARRIER shall notify BROKER immediately in the event any such cargo is lost (including stolen), damaged or destroyed, or in the event CARRIER becomes aware that applicable delivery schedules will not be met. (b) CARRIER agrees that food that has been transported or offered for transport under conditions that are not in compliance with Xxxxxxx's or BROKER'S instructions, as provided to CARRIER by Shipper or BROKER, will be considered "adulterated" within the meaning of the Federal Food, Drug and Cosmetic Act, 21 U.S.C. § 342 (i). XXXXXXX understands and agrees that adulterated shipments may be refused by the consignee or receiver, at destination without diminishing or affecting CARRIER'S liability in the event of a cargo claim. CARRIER shall not sell or otherwise distribute such goods and shall dispose of the same at CARRIER’S expense. Any goods disposed of shall be considered a total loss and valueless for determining cargo loss and damage liability of CARRIER. (c) CARRIER assumes the liability of a motor carrier under the Xxxxxxx Amendment as currently codified at 49 U.S.C. § 14706 for loss, delay, damage to or destruction of any and all goods or property property, including any exempt goods, tendered to CARRIER pursuant to this Agreement from the time the shipment is tendered to CARRIER until delivery. (cd) CARRIER shall be liable for the full invoice value of the cargo lost, damaged, delayed, or destroyed, as well as any additional costs or fees imposed upon BROKER by the cargo claimant, except that CARRIER’s full value liability shall not exceed $100,000 (U.S. Dollars) per shipment unless agreed upon in writing by the PARTIES (such agreement may, but need not necessarily, take the form of a declared value declaration). No other limitation of liability shall apply unless specifically agreed to in writing by BROKER prior to CARRIER’s receipt of the specific shipments to which such limitation applies, and BROKER’s agreement to a limitation shall not be construed as a waiver of full value liability with respect to any other goods tendered to CARRIER. (de) BROKER or its Customer may request that CARRIER accept a higher maximum liability. In such an event, the increased valuation will be stated set forth in a separate Appendix A, on the Rate Confirmation Agreement for a specific load, or on the xxxx bill of lading. CARRIERXXXXXXX’s acceptance of the load shall evidence CARRIERXXXXXXX’s acknowledgement that CARRIER XXXXXXX agrees that it will be liable for the increased valuation (of the full value of the goods, whichever is less), and that CARRIER agrees to maintain cargo insurance up to the full amount of such valuation. Upon request, CARRIER will provide BROKER or Customer evidence of such increased cargo insurance limits, which insurance will comply with the provisions of this Agreement governing cargo insurance. (ef) CARRIER waives any Applicable Law regarding processing of claims and handling of salvage, including, but not limited to, the provisions of 49 C.F.R. Part 370. CARRIER shall pay to BROKER, or allow BROKER to deduct from the amount BROKER owes CARRIER, Customer’s full actual loss for the kind and quantity of commodities so lost, delayed, damaged or destroyed. Payments by CARRIER shall pay, decline or make settlement offer in writing on all cargo loss or damage claims within 30 days of receipt of the claim and supporting documents. Failure of CARRIER to BROKER pay, decline or its Customer, pursuant to the provisions of offer settlement within this section, 30-day period shall be made within thirty (30) days following receipt deemed admission by CARRIER of BROKER’s or Customer’s undisputed claim full liability for the amount claimed and supporting documentationa material breach of this Agreement. CARRIER shall fully assist BROKER in investigating any claim for cargo loss, damage, delay, or destruction. (fg) CARRIER waives any right to salvage goods subject to this provision, as well as any right to claim an offset for the value of salvage. (gh) Exclusions from coverage contained in CARRIER’s Cargo Insurance as required herein shall not affect CARRIER’s liability for freight loss, damage, or delay.

FREIGHT LOSS, DAMAGE OR DELAY. (a) Unless otherwise set forth in Appendix A, CARRIER shall have the sole and exclusive care, custody and control of the cargo tendered hereunder from the time it is delivered to CARRIER for transportation until delivery to the consignee accompanied by the appropriate receipts. CARRIER shall notify BROKER immediately in the event any such cargo is lost (including stolen), damaged or destroyed, or in the event CARRIER becomes aware that applicable delivery schedules will not be met. (b) CARRIER agrees that food that has been transported or offered for transport under conditions that are not in compliance with Shipper's or BROKER'S instructions, as provided to CARRIER by Shipper or BROKER, will be considered "adulterated" within the meaning of the Federal Food, Drug and Cosmetic Act, 21 U.S.C. § 342 (i). CARRIER understands and agrees that adulterated shipments may be refused by the consignee or receiver, at destination without diminishing or affecting CARRIER'S liability in the event of a cargo claim. CARRIER shall not sell or otherwise distribute such goods and shall dispose of the same at CARRIER’S expense. Any goods disposed of shall be considered a total loss and valueless for determining cargo loss and damage liability of CARRIER. (c) CARRIER assumes the liability of a motor carrier under the Xxxxxxx Amendment as currently codified at 49 U.S.C. § 14706 for loss, delay, damage to or destruction of any and all goods or property property, including any exempt goods, tendered to CARRIER pursuant to this Agreement from the time the shipment is tendered to CARRIER until delivery. (cd) CARRIER shall be liable for the full invoice value of the cargo lost, damaged, delayed, or destroyed, as well as any additional costs or fees imposed upon BROKER by the cargo claimant, except that CARRIER’s full value liability shall not exceed $100,000 (U.S. Dollars) per shipment unless agreed upon in writing by the PARTIES (such agreement may, but need not necessarily, take the form of a declared value declaration). No other limitation of liability shall apply unless specifically agreed to in writing by BROKER prior to CARRIER’s receipt of the specific shipments to which such limitation applies, and BROKER’s agreement to a limitation shall not be construed as a waiver of full value liability with respect to any other goods tendered to CARRIER. (de) BROKER or its Customer may request that CARRIER accept a higher maximum liability. In such an event, the increased valuation will be stated set forth in a separate Appendix A, on the Rate Confirmation Agreement for a specific load, or on the xxxx of lading. CARRIER’s acceptance of the load shall evidence CARRIER’s acknowledgement that CARRIER agrees that it will be liable for the increased valuation (of the full value of the goods, whichever is less), and that CARRIER agrees to maintain cargo insurance up to the full amount of such valuation. Upon request, CARRIER will provide BROKER or Customer evidence of such increased cargo insurance limits, which insurance will comply with the provisions of this Agreement governing cargo insurance. (ef) CARRIER waives any Applicable Law regarding processing of claims and handling of salvage, including, but not limited to, the provisions of 49 C.F.R. Part 370. CARRIER shall pay to BROKER, or allow BROKER to deduct from the amount BROKER owes CARRIER, Customer’s full actual loss for the kind and quantity of commodities so lost, delayed, damaged or destroyed. Payments by CARRIER shall pay, decline or make settlement offer in writing on all cargo loss or damage claims within 30 days of receipt of the claim and supporting documents. Failure of CARRIER to BROKER pay, decline or its Customer, pursuant to the provisions of offer settlement within this section, 30-day period shall be made within thirty (30) days following receipt deemed admission by CARRIER of BROKER’s or Customer’s undisputed claim full liability for the amount claimed and supporting documentationa material breach of this Agreement. CARRIER shall fully assist BROKER in investigating any claim for cargo loss, damage, delay, or destruction. (fg) CARRIER waives any right to salvage goods subject to this provision, as well as any right to claim an offset for the value of salvage. (gh) Exclusions from coverage contained in CARRIER’s Cargo Insurance as required herein shall not affect CARRIER’s liability for freight loss, damage, or delay.

FREIGHT LOSS, DAMAGE OR DELAY. (a) Unless otherwise set forth in Appendix A, CARRIER shall have the sole and exclusive care, custody and control of the cargo tendered hereunder from the time it is delivered to CARRIER tendered for transportation until delivery to the consignee accompanied by the appropriate receipts. CARRIER shall notify BROKER immediately in the event any such cargo is lost (including stolen), damaged or destroyed, or in the event CARRIER becomes aware that applicable delivery schedules will not be met. (b) CARRIER assumes the liability of a motor carrier under the Xxxxxxx Amendment as currently codified at 49 U.S.C. § 14706 for loss, delay, damage to or destruction of any and all goods or property tendered to CARRIER for transportation pursuant to this Agreement from the time the shipment is tendered to CARRIER until deliveryAgreement. (c) CARRIER shall be liable for the full invoice value of the any cargo lost, damaged, delayed, or destroyeddestroyed to the extent of BROKER’s liability for the same, as well as any additional costs or fees imposed upon BROKER by the cargo claimant, except that . CARRIER hereby waives any limitation on CARRIER’s full value liability shall not exceed $100,000 (U.S. Dollars) per shipment unless agreed upon in writing for lost, damaged, delayed or destroyed cargo, whether provided by the PARTIES (such agreement maycontract, but need not necessarilyApplicable Law, take the form of a declared value declaration). No or otherwise, and no other limitation of liability shall apply unless specifically agreed to in writing by BROKER prior to CARRIER’s receipt of the specific shipments Shipments to which such limitation applies, and BROKER’s agreement to a limitation shall not be construed as a waiver of full value liability with respect to any other goods tendered to CARRIER. (d) BROKER or its Customer may request that CARRIER accept a higher maximum liability. In such an event, the increased valuation will be stated in a separate Rate Confirmation Agreement or on the xxxx of lading. CARRIER’s acceptance of the load shall evidence CARRIER’s acknowledgement that CARRIER agrees that it will be liable for the increased valuation (of the full value of the goods, whichever is less), and that CARRIER agrees to maintain cargo insurance up to the full amount of such valuation. Upon request, CARRIER will provide BROKER or Customer evidence of such increased cargo insurance limits, which insurance will comply with the provisions of this Agreement governing cargo insurance. (e) CARRIER waives any Applicable Law regarding processing of claims and handling of salvage, including, but not limited to, the provisions of 49 C.F.R. Part 370. CARRIER shall pay to BROKERBROKER or Sender, or allow BROKER to deduct from the amount BROKER owes CARRIER, CustomerSender’s full actual loss for the kind and quantity of commodities so lost, delayed, damaged or destroyed. Payments by CARRIER to BROKER or its CustomerSender, pursuant to the provisions of this section, shall be made within thirty (30) days following receipt by CARRIER of BROKER’s or CustomerSender’s undisputed claim and supporting documentation. CARRIER shall fully assist BROKER in investigating any claim for cargo loss, damage, delay, or destruction. (fe) CARRIER waives any right to salvage goods subject to this provision, as well as any right to claim an offset for the value of salvage. (gf) Exclusions from coverage contained in CARRIER’s Cargo Insurance as required herein shall not affect CARRIER’s liability for freight loss, damage, or delay. Without limiting CARRIER’s contractual liability to BROKER hereunder, XXXXXXX acknowledges and agrees that BROKER may, in its sole discretion, but is not required to, pursue claims for cargo loss and damage on behalf of any Sender, and in such instances is not required to obtain an assignment of claim from the Sender in order to pursue such a claim. (g) CARRIER acknowledges that BROKER offers certain CARRIERs the opportunity to participate in BROKER’s Loss Waiver Program (available at xxxxxxx.xxxxx.xxx/ lw), and further acknowledges its enrollment in such program pursuant to the terms thereof, unless CARRIER opts out of the Loss Waiver Program pursuant to its terms and satisfies the insurance requirements for such opt out at all times while not enrolled in the program. XXXXXXX acknowledges and agrees that its participation in the Loss Waiver Program is at BROKER’s discretion, and authorizes BROKER to make deductions from payments owed by BROKER to Carrier to cover the Participation Charges associated with the Loss Waiver Program.

FREIGHT LOSS, DAMAGE OR DELAY. (a) Unless otherwise set forth in Appendix A, CARRIER shall have the sole and exclusive care, custody and control of the cargo tendered hereunder from the time it is delivered to CARRIER for transportation until delivery to the consignee accompanied by the appropriate receipts. CARRIER shall notify BROKER immediately in the event any such cargo is lost (including stolen), damaged or destroyed, or in the event CARRIER becomes aware that applicable delivery schedules will not be met. (b) CARRIER assumes the liability of a motor carrier under the Xxxxxxx Amendment as currently codified at 49 U.S.C. § 14706 for loss, delay, damage to or destruction of any and all goods or property tendered to CARRIER pursuant to this Agreement from the time the shipment is tendered to CARRIER until delivery. (c) CARRIER shall be liable for the full invoice value of the cargo lost, damaged, delayed, or destroyed, as well as any additional costs or fees imposed upon BROKER by the cargo claimant, except that CARRIER’s full value liability shall not exceed $100,000 (U.S. Dollars) per shipment unless agreed upon in writing by the PARTIES (such agreement may, but need not necessarily, take the form of a declared value declaration). No other limitation of liability shall apply unless specifically agreed to in writing by BROKER prior to CARRIER’s receipt of the specific shipments to which such limitation applies, and BROKER’s agreement to a limitation shall not be construed as a waiver of full value liability with respect to any other goods tendered to CARRIERapply. (d) CARRIER acknowledges that if it is delayed in picking-up or delivering a shipment, BROKER may arrange for the delayed shipment to be moved by another carrier, or, BROKER in its sole discretion may ship replacement goods with another carrier. CARRIER shall be responsible for arranging and/or providing additional transportation or its Customer may request that CARRIER accept storage required as a higher maximum liability. In such an eventconsequence of delay, the increased valuation will be stated in a separate Rate Confirmation Agreement or on the xxxx of lading. and for all reasonable and necessary costs, charges, fees and expenses caused by CARRIER’s acceptance of the load shall evidence CARRIER’s acknowledgement that CARRIER agrees that it will be liable for the increased valuation (of the full value of the goodsdelay, whichever is less)including, but not limited to, costs associated with alternative transportation, redelivery, return and that CARRIER agrees to maintain cargo insurance up to the full amount of such valuation. Upon request, CARRIER will provide BROKER or Customer evidence of such increased cargo insurance limits, which insurance will comply with the provisions of this Agreement governing cargo insurancestorage. (e) CARRIER waives any Applicable Law regarding processing of claims and handling of salvage, including, but not limited to, the provisions of 49 C.F.R. Part 370. CARRIER shall pay to BROKER, or allow BROKER to deduct from the amount BROKER owes CARRIER, Customer’s full actual loss for the kind and quantity of commodities so lost, delayed, damaged or destroyed. Payments by CARRIER to BROKER or its Customer, pursuant to the provisions of this section, shall be made within thirty (30) days following receipt by CARRIER of BROKER’s or Customer’s undisputed claim and supporting documentation. CARRIER shall fully assist BROKER in investigating any claim for cargo loss, damage, delay, or destruction. (f) CARRIER shall return all damaged or rejected goods at its expense to points as instructed by BROKER. CARRIER shall not dispose of damaged or rejected goods without BROKER’s prior written consent. CARRIER waives any right to salvage goods subject to this provision, as well as any right to claim an offset for the value of salvage. Notwithstanding the foregoing, BROKER may determine in its sole discretion that goods are salvageable and the value of such salvage, and may credit the salvage value against BROKER’s claim against CARRIER. If CARRIER pays BROKER for the full value of damaged or rejected goods and BROKER authorizes CARRIER to take possession of the goods for salvage, BROKER shall have the right to remove all identifying marks or labels from the goods or permanently mark them as “damaged” or similar notation. (g) Exclusions from coverage contained in CARRIER’s Cargo Insurance as required herein shall not affect CARRIER’s liability for freight loss, damage, or delay.

FREIGHT LOSS, DAMAGE OR DELAY. (a) Unless otherwise set forth in Appendix A, CARRIER shall have the sole and exclusive care, custody and control of the cargo tendered hereunder from the time it is delivered to CARRIER for transportation until delivery to the consignee accompanied by the appropriate receipts. CARRIER shall notify BROKER immediately in the event any such cargo is lost (including stolen), damaged or destroyed, or in the event CARRIER becomes aware that applicable delivery schedules will not be met. (b) . CARRIER assumes the liability of a motor carrier under the Xxxxxxx Amendment as currently codified at 49 U.S.C. § 14706 for loss, delay, damage to or destruction of any and all goods or property tendered to CARRIER pursuant to this Agreement from the time the shipment is tendered to CARRIER until delivery. (c) . CARRIER shall be liable for the full invoice value of the cargo lost, damaged, delayed, or destroyed, as well as any additional costs or fees imposed upon BROKER by the cargo claimant, except that CARRIER’s full value liability shall not exceed $100,000 (U.S. Dollars) per shipment unless agreed upon in writing by the PARTIES (such agreement may, but need not necessarily, take the form of a declared value declaration). No other limitation of liability shall apply unless specifically agreed to in writing by BROKER prior to CARRIER’s receipt of the specific shipments to which such limitation applies, and BROKER’s agreement to a limitation shall not be construed as a waiver of full value liability with respect to any other goods tendered to CARRIER. (d) . BROKER or its Customer may request that CARRIER accept a higher maximum liability. In such an event, the increased valuation will be stated in a separate Rate Confirmation Agreement or on the xxxx bill of lading. CARRIERXXXXXXX’s acceptance of the load shall evidence CARRIER’s acknowledgement that CARRIER XXXXXXX agrees that it will be liable for the increased valuation (of the full value of the goods, whichever is less), and that CARRIER agrees to maintain cargo insurance up to the full amount of such valuation. Upon request, CARRIER will provide BROKER or Customer evidence of such increased cargo insurance limits, which insurance will comply with the provisions of this Agreement governing cargo insurance. (e) . CARRIER waives any Applicable Law regarding processing of claims and handling of salvage, including, but not limited to, the provisions of 49 C.F.R. Part 370. CARRIER shall pay to BROKERBROKER or its Customer, or allow BROKER to deduct from the amount BROKER owes CARRIER, Customer’s full actual loss for the kind and quantity of commodities so lost, delayed, damaged or destroyed. Payments by CARRIER to BROKER or its Customer, pursuant to the provisions of this section, shall be made within thirty (30) days following receipt by CARRIER of BROKER’s or Customer’s undisputed claim and supporting documentation. CARRIER shall fully assist BROKER in investigating any claim for cargo loss, damage, delay, or destruction. (f) . CARRIER waives any right to salvage goods subject to this provision, as well as any right to claim an offset for the value of salvage. (g) . Exclusions from coverage contained in CARRIER’s Cargo Insurance as required herein shall not affect CARRIER’s liability for freight loss, damage, or delay. Without limiting CARRIER’s contractual liability to BROKER hereunder, XXXXXXX acknowledges and agrees that BROKER may, in its sole discretion, but is not required, to pursue claims for cargo loss and damage on behalf of its Customer, and in such instances is not required to obtain an assignment of claim from its Customer in order to pursue such a claim.

FREIGHT LOSS, DAMAGE OR DELAY. (a) Unless otherwise set forth in Appendix A, CARRIER shall have the sole and exclusive care, custody and control of the cargo tendered hereunder from the time it is delivered to CARRIER tendered for transportation until delivery to the consignee accompanied by the appropriate receipts. CARRIER shall notify BROKER immediately in the event any such cargo is lost (including stolen), damaged or destroyed, or in the event CARRIER becomes aware that applicable delivery schedules will not be met. (b) CARRIER assumes the liability of a motor carrier under the Xxxxxxx Amendment as currently codified at 49 U.S.C. § 14706 for loss, delay, damage to or destruction of any and all goods or property tendered to CARRIER for transportation pursuant to this Agreement from the time the shipment is tendered to CARRIER until deliveryAgreement. (c) CARRIER shall be liable for the full invoice value of the any cargo lost, damaged, delayed, or destroyeddestroyed to the extent of BROKER’s liability for the same, as well as any additional costs or fees imposed upon BROKER by the cargo claimant, except that . CARRIER hereby waives any limitation on CARRIER’s full value liability shall not exceed $100,000 (U.S. Dollars) per shipment unless agreed upon in writing for lost, damaged, delayed or destroyed cargo, whether provided by the PARTIES (such agreement maycontract, but need not necessarilyApplicable Law, take the form of a declared value declaration). No or otherwise, and no other limitation of liability shall apply unless specifically agreed to in writing by BROKER prior to CARRIER’s receipt of the specific shipments Shipments to which such limitation applies, and BROKER’s agreement to a limitation shall not be construed as a waiver of full value liability with respect to any other goods tendered to CARRIER. (d) BROKER or its Customer may request that CARRIER accept a higher maximum liability. In such an event, the increased valuation will be stated in a separate Rate Confirmation Agreement or on the xxxx of lading. CARRIER’s acceptance of the load shall evidence CARRIER’s acknowledgement that CARRIER agrees that it will be liable for the increased valuation (of the full value of the goods, whichever is less), and that CARRIER agrees to maintain cargo insurance up to the full amount of such valuation. Upon request, CARRIER will provide BROKER or Customer evidence of such increased cargo insurance limits, which insurance will comply with the provisions of this Agreement governing cargo insurance. (e) CARRIER waives any Applicable Law regarding processing of claims and handling of salvage, including, but not limited to, the provisions of 49 C.F.R. Part 370. CARRIER shall pay to BROKERBROKER or Sender, or allow BROKER to deduct from the amount BROKER owes CARRIER, CustomerSender’s full actual loss for the kind and quantity of commodities so lost, delayed, damaged or destroyed. Payments by CARRIER to BROKER or its CustomerSender, pursuant to the provisions of this section, shall be made within thirty (30) days following receipt by CARRIER of BROKER’s or CustomerSender’s undisputed claim and supporting documentation. CARRIER shall fully assist BROKER in investigating any claim for cargo loss, damage, delay, or destruction. (fe) CARRIER waives any right to salvage goods subject to this provision, as well as any right to claim an offset for the value of salvage. (gf) Exclusions from coverage contained in CARRIER’s Cargo Insurance as required herein shall not affect CARRIER’s liability for freight loss, damage, or delay. Without limiting CARRIER’s contractual liability to BROKER hereunder, XXXXXXX acknowledges and agrees that BROKER may, in its sole discretion, but is not required to, pursue claims for cargo loss and damage on behalf of any Sender, and in such instances is not required to obtain an assignment of claim from the Sender in order to pursue such a claim.

FREIGHT LOSS, DAMAGE OR DELAY. (a) Unless otherwise set forth in Appendix A, CARRIER shall have the sole and exclusive care, custody and control of the cargo tendered hereunder from the time it is delivered to CARRIER for transportation until delivery to the consignee accompanied by the appropriate receipts. CARRIER shall notify BROKER immediately in the event any such cargo is lost (including stolen), damaged or destroyed, or in the event CARRIER becomes aware that applicable delivery schedules will not be met. (b) CARRIER assumes the liability of a motor carrier under the Xxxxxxx Amendment as currently codified at 49 U.S.C. § 14706 for loss, delay, damage to or destruction of any and all goods or property tendered to CARRIER pursuant to this Agreement from the time the shipment is tendered to CARRIER until delivery. (c) CARRIER shall be liable for the full invoice value of the cargo lost, damaged, delayed, or destroyed, as well as any additional costs or fees imposed upon BROKER by the cargo claimant, except that CARRIER’s full value liability shall not exceed $100,000 (U.S. Dollars) per shipment unless agreed upon in writing by the PARTIES (such agreement may, but need not necessarily, take the form of a declared value declaration). No other limitation of liability shall apply unless specifically agreed to in writing by BROKER prior to CARRIER’s receipt of the specific shipments to which such limitation applies, and BROKER’s agreement to a limitation shall not be construed as a waiver of full value liability with respect to any other goods tendered to CARRIERapply. (d) CARRIER acknowledges that if it is delayed in picking-up or delivering a shipment, BROKER may arrange for the delayed shipment to be moved by another carrier, or, BROKER in its sole discretion may ship replacement goods with another carrier. CARRIER shall be responsible for arranging and/or providing additional transportation or its Customer may request that CARRIER accept storage required as a higher maximum liability. In such an eventconsequence of delay, the increased valuation will be stated in a separate Rate Confirmation Agreement or on the xxxx of lading. and for all reasonable and necessary costs, charges, fees and expenses caused by CARRIER’s acceptance of the load shall evidence CARRIER’s acknowledgement that CARRIER agrees that it will be liable for the increased valuation (of the full value of the goodsdelay, whichever is less)including, but not limited to, costs associated with alternative transportation, redelivery, return and that CARRIER agrees to maintain cargo insurance up to the full amount of such valuation. Upon request, CARRIER will provide BROKER or Customer evidence of such increased cargo insurance limits, which insurance will comply with the provisions of this Agreement governing cargo insurancestorage. (e) CARRIER waives any Applicable Law regarding processing of claims and handling of salvage, including, but not limited to, the provisions of 49 C.F.R. Part 370. CARRIER shall pay to BROKER, or allow BROKER to deduct from the amount BROKER owes CARRIER, Customer’s full actual loss for the kind and quantity of commodities so lost, delayed, damaged or destroyed. Payments by CARRIER to BROKER or its Customer, pursuant to the provisions of this section, shall be made within thirty (30) days following receipt by CARRIER of BROKER’s or Customer’s undisputed claim and supporting documentation. CARRIER shall fully assist BROKER in investigating any claim for cargo loss, damage, delay, or destruction. (f) CARRIER shall return all damaged or rejected goods at its expense to points as instructed by BROKER. CARRIER shall not dispose of damaged or rejected goods without BROKER’s prior written consent. CARRIER waives any right to salvage goods subject to this provision, as well as any right to claim an offset for the value of salvage. Notwithstanding the foregoing, BROKER may determine in its sole discretion that goods are salvageable and the value of such salvage, and may credit the salvage value against BROKER’s claim against CARRIER. If CARRIER pays BROKER for the full value of damaged or rejected goods and BROKER authorizes CARRIER to take possession of the goods for salvage, BROKER shall have the right to remove all identifying marks or labels from the goods or permanently xxxx them as “damaged” or similar notation. (g) Exclusions from coverage contained in CARRIER’s Cargo Insurance as required herein shall not affect CARRIER’s liability for freight loss, damage, or delay.

FREIGHT LOSS, DAMAGE OR DELAY. (a) Unless otherwise set forth in Appendix A, CARRIER shall have the sole hereby acknowledges and exclusive care, custody and control of the cargo tendered hereunder from the time it is delivered to CARRIER for transportation until delivery to the consignee accompanied by the appropriate receipts. CARRIER shall notify BROKER immediately in the event any such cargo is lost (including stolen), damaged or destroyed, or in the event CARRIER becomes aware agrees that applicable delivery schedules will not be met. (b) CARRIER assumes the same liability as a common carrier for full actual loss, subject to the provisions of a motor carrier under the Xxxxxxx Amendment as currently codified at 49 U.S.C. § 14706 (Xxxxxxx Amendment). CARRIER’s liability for cargo loss or damage shall not be limited to the amount of cargo coverage a) Claims for loss, delaydamage, damage injury or delay to cargo may be filed with CARRIER within nine (9) months of the date of delivery of shipment or destruction within twelve (12) months of any and all goods a reasonable time for delivery (three months beyond agreed transit time), or property tendered to within nine (9) months of the date CARRIER pursuant to this Agreement from the time notifies BROKER that the shipment is tendered to CARRIER until deliverylost. b) Regardless of whether CARRIER timely pays, declines, or makes settlement of any loss or damage claim, CARRIER acknowledges and agrees that BROKER and any of its subsidiaries or related companies shall have: (c1) the absolute right to set off from any amount otherwise due CARRIER to satisfy claims or shortages arising out of this or any other Agreement with CARRIER, and (2) the right to automatically deduct from CARRIER’s settlement the amount of the claim at any time. The filing, processing and disposition of all cargo claims shall be governed by 49 C.F.R. 370 et seq. to the extent not modified herein. The parties agree that federal common carrier laws of liability (i.e. Xxxxxxx Amendment liability) shall apply to all shipments made, except that CARRIER shall be liable to BROKER for the full invoice value of the cargo lostall economic loss, damagedincluding consequential damages, delayedand attorney’s fees, that are incurred by BROKER or destroyedBROKER’s customers for any freight loss, as well as any additional costs damage or fees imposed upon BROKER by the cargo claimant, except that CARRIER’s full value liability shall not exceed $100,000 (U.S. Dollars) per shipment unless agreed upon in writing by the PARTIES (such agreement may, but need not necessarily, take the form of a declared value declaration)delay claim. No other limitation of liability shall apply unless specifically agreed to in writing by BROKER prior to CARRIER’s receipt of the specific shipments to which such limitation applies, and BROKER’s agreement to a limitation shall not be construed as a waiver of full value liability with respect to any other goods tendered to CARRIER. (d) BROKER or its Customer may request that CARRIER accept a higher maximum liability. In such an event, the increased valuation will be stated in a separate Rate Confirmation Agreement or on the xxxx of lading. CARRIER’s acceptance of the load shall evidence CARRIER’s acknowledgement that CARRIER agrees that it will be liable for the increased valuation (of the full value of the goods, whichever is less), and that CARRIER agrees to maintain cargo insurance up to the full amount of such valuation. Upon request, CARRIER will provide BROKER or Customer evidence of such increased cargo insurance limits, which insurance will comply with the provisions of this Agreement governing cargo insurance. (e) CARRIER waives any Applicable Law regarding processing of claims and handling of salvage, including, but not limited to, the provisions of 49 C.F.R. Part 370. CARRIER shall pay to BROKER, or allow BROKER to deduct from the amount BROKER owes CARRIER, Customer’s full actual loss for the kind and quantity of commodities so lost, delayed, damaged or destroyed. Payments by CARRIER to BROKER or its Customer, pursuant to the provisions of this section, shall be made within thirty (30) days following receipt by CARRIER of BROKER’s or Customer’s undisputed claim and supporting documentation. CARRIER shall fully assist BROKER in investigating any claim for cargo loss, damage, delay, or destruction. (f) CARRIER waives any right to salvage goods subject to this provision, as well as any right to claim an offset for the value of salvage. (g) Exclusions from coverage contained found in CARRIER’s Cargo Insurance as required herein tariff, rules or classifications, including NMFC shall not affect in any way lessen or limit CARRIER’s liability for freight loss, damage, or delayunder this paragraph.

FREIGHT LOSS, DAMAGE OR DELAY. (a) Unless otherwise set forth in Appendix A, a. CARRIER shall have the sole and exclusive care, custody and control of the cargo shipments tendered hereunder by BROKER from the time it is delivered to the CARRIER picks up the shipment for transportation until delivery to the consignee accompanied by the appropriate receiptsconsignee. CARRIER shall notify BROKER immediately in the event any such cargo is lost (including stolen), damaged or destroyed, or in the event CARRIER becomes aware that applicable delivery schedules will not be met. (b) CARRIER assumes the liability of a motor common carrier under the (i.e., Xxxxxxx Amendment as currently codified at liability under 49 U.S.C. § 14706 for USC §14706) and shall indemnity, defend and hold harmless BROKER from and against any loss, delaydelay (including late delivery penalties), damage to or destruction to shipments arising from CARRIER’S performance of or failure to perform services under this Agreement. Xxxxxxx’s indemnification liability herein for freight loss and damage claims shall include BROKER’s reasonable attorneys’ fees incurred in its own defense and to enforce the right to indemnity and defense, which shall constitute special damages, the risk of which is expressly assumed by CARRIER. CARRIER is prohibited from limiting liability based on released rates, and any attempt to limit liability in a bill of lading or otherwise shall be null and void. b. CARRIER shall comply with 49 C.F.R. §370.1 et seq., and any amendments and/or any other applicable regulations adopted by the FMCSA, or any applicable state regulatory agency, for processing all goods loss and damage claims. c. CARRIER shall pay, decline or property tendered make settlement offer in writing on all cargo loss and damage claims within 30 days of receipt of a claim from BROKER. Failure of CARRIER to pay, decline or offer settlement within such 30-day period shall be deemed admission by CARRIER of full liability for the amount claimed and shall be deemed a material breach of this Agreement. d. In the event a claim is not resolved to the satisfaction of BROKER or its customer within 30 days of presentation, BROKER, in its sole discretion, may elect to offset the full amount of the claimed amount against freight charges otherwise due and owing to CARRIER until the merits of the claim are resolved. In addition, in such event, BROKER may, in its sole discretion, elect to pay its customer’s claim, in whole or in part, and BROKER (a) shall be entitled to indemnity from CARRIER pursuant to paragraph 7.a above for the full claim amount BROKER pays its customer in settlement of any cargo claim; (b) shall be entitled to xxx XXXXXXX in BROKER’s name and/or as assignee of its Customer, as a claim for indemnity and breach of contract under this Agreement from the time the shipment is tendered to CARRIER until delivery. Agreement; and (c) CARRIER shall be liable for the full invoice value of the cargo lost, damaged, delayedexpressly waives any right to claim BROKER paid its customer’s claim as a volunteer, or destroyed, as well as that any additional costs or fees imposed upon BROKER by the cargo claimant, except that CARRIER’s full value liability shall not exceed $100,000 (U.S. Dollars) per shipment unless agreed upon in writing by the PARTIES (such agreement may, but need not necessarily, take the form of a declared value declaration). No other limitation of liability shall apply unless specifically agreed to in writing by BROKER prior to CARRIER’s receipt of the specific shipments to which such limitation applies, and BROKER’s agreement to a limitation shall not be construed as a waiver of full value liability with respect to any other goods tendered to CARRIER. (d) BROKER or its Customer may request that CARRIER accept a higher maximum liability. In such an event, the increased valuation will be stated in a separate Rate Confirmation Agreement or on the xxxx of lading. CARRIER’s acceptance of the load shall evidence CARRIER’s acknowledgement that CARRIER agrees that it will be liable for the increased valuation (of the full value of the goods, whichever is less), and that CARRIER agrees to maintain cargo insurance up to the full amount of such valuation. Upon request, CARRIER will provide BROKER or Customer evidence of such increased cargo insurance limits, which insurance will comply with the provisions of this Agreement governing cargo insurance. (e) CARRIER waives any Applicable Law regarding processing of claims and handling of salvage, including, but not limited to, the provisions of 49 C.F.R. Part 370. CARRIER shall pay to BROKER, or allow BROKER to deduct from the amount BROKER owes CARRIER, Customer’s full actual loss for the kind and quantity of commodities so lost, delayed, damaged or destroyed. Payments by CARRIER to BROKER or its Customer, pursuant to the provisions of this section, shall be made within thirty (30) days following receipt by CARRIER aspect of BROKER’s or Customer’s undisputed claim and supporting documentation. CARRIER shall fully assist BROKER in investigating any claim for cargo loss, damage, delay, or destructionis preempted by 49 U.S.C. 14706. (f) e. CARRIER waives any right to salvage goods subject to this provision, as well as any right to claim an offset for the value of salvage. (g) Exclusions f. In the event of damage to branded or labeled goods, or to food products governed by regulations of the FDA, 21 C.F.R. Part 1.900, BROKER’s customer may determine, in its sole discretion, whether goods may be salvaged. If BROKER’s customer permits its goods to be salvaged, and carrier pays the full, actual value of the damaged goods, CARRIER may then, and only then, retain custody of the goods after removing any identifying marks or labels and/or complying with the customer’s specific conditions of salvage, and, in the case of food products, CARRIER must do so in compliance with all applicable food safety regulations. g. Any exclusion from coverage contained in CARRIER’s Cargo Insurance cargo insurance as required herein shall not affect effect CARRIER’s liability for freight loss, damage, or delay.

FREIGHT LOSS, DAMAGE OR DELAY. (a) Unless otherwise set forth in Appendix A, CARRIER shall have the sole and exclusive care, custody and control of the cargo tendered hereunder from the time it is delivered to CARRIER for transportation until delivery to the consignee accompanied by the appropriate receipts. CARRIER shall notify BROKER immediately in the event any such cargo is lost (including stolen), damaged or destroyed, or in the event CARRIER becomes aware that applicable delivery schedules will not be met. (b) CARRIER agrees that food that has been transported or offered for transport under conditions that are not in compliance with Shipper's or BROKER'S instructions, as provided to CARRIER by Shipper or BROKER, will be considered "adulterated" within the meaning of the Federal Food, Drug and Cosmetic Act, 21 U.S.C. § 342 (i). CARRIER understands and agrees that adulterated shipments may be refused by the consignee or receiver, at destination without diminishing or affecting CARRIER'S liability in the event of a cargo claim. CARRIER shall not sell or otherwise distribute such goods and shall dispose of the same at CARRIER’S expense. Any goods disposed of shall be considered a total loss and valueless for determining cargo loss and damage liability of CARRIER. (c) CARRIER assumes the liability of a motor carrier under the Xxxxxxx Amendment as currently codified at 49 U.S.C. § 14706 for loss, delay, damage to or destruction of any and all goods or property property, including any exempt goods, tendered to CARRIER pursuant to this Agreement from the time the shipment is tendered to CARRIER until delivery. (cd) CARRIER shall be liable for the full invoice value of the cargo lost, damaged, delayed, or destroyed, as well as any additional costs or fees imposed upon BROKER by the cargo claimant, except that CARRIER’s full value liability shall not exceed $$ 100,000 (U.S. Dollars) per shipment unless agreed upon in writing by the PARTIES (such agreement may, but need not necessarily, take the form of a declared value declaration). No other limitation of liability shall apply unless specifically agreed to in writing by BROKER prior to CARRIER’s receipt of the specific shipments to which such limitation applies, and BROKER’s agreement to a limitation shall not be construed as a waiver of full value liability with respect to any other goods tendered to CARRIER. (de) BROKER or its Customer may request that CARRIER accept a higher maximum liability. In such an event, the increased valuation will be stated set forth in a separate Appendix A, on the Rate Confirmation Agreement for a specific load, or on the xxxx of lading. CARRIER’s acceptance of the load shall evidence CARRIER’s acknowledgement that CARRIER agrees that it will be liable for the increased valuation (of the full value of the goods, whichever is less), and that CARRIER agrees to maintain cargo insurance up to the full amount of such valuation. Upon request, CARRIER will provide BROKER or Customer evidence of such increased cargo insurance limits, which insurance will comply with the provisions of this Agreement governing cargo insurance. (ef) CARRIER waives any Applicable Law regarding processing of claims and handling of salvage, including, but not limited to, the provisions of 49 C.F.R. Part 370. CARRIER shall pay to BROKER, or allow BROKER to deduct from the amount BROKER owes CARRIER, Customer’s full actual loss for the kind and quantity of commodities so lost, delayed, damaged or destroyed. Payments by CARRIER shall pay, decline or make settlement offer in writing on all cargo loss or damage claims within 30 days of receipt of the claim and supporting documents. Failure of CARRIER to BROKER pay, decline or its Customer, pursuant to the provisions of offer settlement within this section, 30-day period shall be made within thirty (30) days following receipt deemed admission by CARRIER of BROKER’s or Customer’s undisputed claim full liability for the amount claimed and supporting documentationa material breach of this Agreement. CARRIER shall fully assist BROKER in investigating any claim for cargo loss, damage, delay, or destruction. (fg) CARRIER waives any right to salvage goods subject to this provision, as well as any right to claim an offset for the value of salvage. (gh) Exclusions from coverage contained in CARRIER’s Cargo Insurance as required herein shall not affect CARRIER’s liability for freight loss, damage, or delay.

FREIGHT LOSS, DAMAGE OR DELAY. (a) Unless otherwise set forth in Appendix A, CARRIER shall Carrier will have the sole and exclusive care, custody and control of the cargo tendered hereunder from the time it is delivered to CARRIER for transportation Carrier until the recipient has accepted delivery to the consignee accompanied by the and executed appropriate receipts. CARRIER Except as otherwise provided herein, Carrier is liable for loss of, damage to, or delay of Goods according to the provisions of 49 U.S.C. § 14706 (the Xxxxxxx Amendment). (a) Carrier shall notify BROKER Broker immediately in the event any such cargo is lost (including lost, stolen), damaged damaged, or destroyed, or in the event CARRIER and if Carrier becomes aware that applicable a delivery schedules will not be metlate. (b) CARRIER assumes the liability of a motor carrier under the Xxxxxxx Amendment as currently codified at 49 U.S.C. § 14706 for loss, delay, damage to or destruction of any and all goods or property tendered to CARRIER pursuant to this Agreement from the time the shipment is tendered to CARRIER until delivery. (c) CARRIER Carrier shall be liable for the full invoice actual value of the any cargo lost, damaged, delayed, or destroyed, as well as any additional costs or fees imposed upon BROKER Broker by the cargo claimant. Unless it is specified on the Rate Sheet or EDI Shipment Info for a specific load, except that CARRIER’s full value liability shall not exceed $100,000 (U.S. Dollars) per shipment unless agreed upon in writing by the PARTIES (such agreement may, but need not necessarily, take the form of a declared value declaration). No other no limitation of liability shall apply unless specifically agreed to in writing by BROKER prior to CARRIER’s receipt of the specific shipments to which such limitation applies, and BROKERapply. Broker’s agreement to a limitation for one shipment shall not be construed as a waiver of full value liability with respect to any other goods shipment tendered to CARRIERCarrier. (dc) BROKER Broker or its Customer may request that CARRIER accept a higher specify the value of the cargo or maximum liability. In such an event, liability for the increased valuation will be stated in a separate Rate Confirmation Agreement or shipment on the Rate Sheet, EDI Shipment Info, or xxxx of lading. CARRIERIn that case, Carrier’s acceptance of the load shall evidence CARRIERCarrier’s acknowledgement that CARRIER agrees that it will be liable for the increased valuation (of the full actual value of the goods, whichever is less), and that CARRIER cargo. Carrier agrees to maintain cargo insurance up to of at least the full amount of such valuationactual cargo value. Upon request, CARRIER Carrier will provide BROKER Broker or Customer evidence of such increased sufficient cargo insurance limits, which . The insurance will also comply with the all other provisions of this Agreement governing cargo insuranceAgreement. (ed) CARRIER Carrier waives any Applicable Law regarding processing of claims and handling of salvage, including, but not limited to, the provisions of 49 C.F.R. Part 370. CARRIER Carrier shall pay to BROKERBroker, or allow BROKER Broker to deduct from the (set off) any amount BROKER Broker owes CARRIERto Carrier, Customer’s full actual loss for the kind and quantity of commodities so goods that are lost, delayed, damaged or destroyed, except where not allowed by law. Payments Payment by CARRIER Carrier to BROKER Broker or its Customer, pursuant to the provisions of this section, Customer shall be made within thirty (30) days following Carrier’s receipt by CARRIER of BROKERBroker’s or Customer’s undisputed claim and supporting documentation. CARRIER Carrier shall fully assist BROKER Broker in investigating any claim for cargo loss, damage, delay, or destruction. (fe) CARRIER Carrier waives any right to salvage goods subject to this provision, as well as any right to claim an offset for the value of salvage. (gf) Exclusions from coverage contained in CARRIERCarrier’s Cargo Insurance as required herein shall not affect CARRIERCarrier’s liability for freight loss, damage, or delay.

FREIGHT LOSS, DAMAGE OR DELAY. Broker shall submit to Carrier written notice of any cargo claim, including loss or expenses resulting from Carrier’s delay in providing service, within nine (a9) Unless otherwise set forth in Appendix A, CARRIER shall have the sole and exclusive care, custody and control months of the cargo tendered hereunder from delivery date of the time it is delivered to CARRIER for transportation until shipment, or, if no delivery to occurs, the consignee accompanied by date of the appropriate receipts. CARRIER shall notify BROKER immediately occurrence resulting in the event any such cargo is lost (including stolen), damaged or destroyed, or in the event CARRIER becomes aware claim. Carrier hereby acknowledges and agrees that applicable delivery schedules will not be met. (b) CARRIER Carrier assumes the same liability of as a motor carrier under the Xxxxxxx Amendment as currently codified at 49 U.S.C. § 14706 Common Carrier for full actual loss, delay, damage subject to or destruction of any and all goods or property tendered to CARRIER pursuant to this Agreement from the time the shipment is tendered to CARRIER until delivery. (c) CARRIER shall be liable for the full invoice value of the cargo lost, damaged, delayed, or destroyed, as well as any additional costs or fees imposed upon BROKER by the cargo claimant, except that CARRIER’s full value liability shall not exceed $100,000 (U.S. Dollars) per shipment unless agreed upon in writing by the PARTIES (such agreement may, but need not necessarily, take the form of a declared value declaration). No other limitation of liability shall apply unless specifically agreed to in writing by BROKER prior to CARRIER’s receipt of the specific shipments to which such limitation applies, and BROKER’s agreement to a limitation shall not be construed as a waiver of full value liability with respect to any other goods tendered to CARRIER. (d) BROKER or its Customer may request that CARRIER accept a higher maximum liability. In such an event, the increased valuation will be stated in a separate Rate Confirmation Agreement or on the xxxx of lading. CARRIER’s acceptance of the load shall evidence CARRIER’s acknowledgement that CARRIER agrees that it will be liable for the increased valuation (of the full value of the goods, whichever is less), and that CARRIER agrees to maintain cargo insurance up to the full amount of such valuation. Upon request, CARRIER will provide BROKER or Customer evidence of such increased cargo insurance limits, which insurance will comply with the provisions of this Agreement governing cargo insurance. (e) CARRIER waives any Applicable Law regarding processing of claims and handling of salvage, including, but not limited to, the provisions of 49 C.F.R. Part 370U.S.C. 14706 (Xxxxxxx Amendment). CARRIER shall pay Carrier hereby acknowledges and agrees that no limitation of liability for loss, damage or delay is applicable for any services provided by Carrier without the prior written authorization of Broker. Carrier hereby acknowledges and agrees that Carrier’s right to BROKERsalvage, whether Carrier receives prior notice or allow BROKER not, for any product transported by Carrier is based on and limited to deduct the extent the customer of Broker allows salvage and to the extent the customer disallows salvage Carrier herby waives its claim to salvage. Any claims arising from the amount BROKER owes CARRIER, Customer’s full actual loss for the kind and quantity of commodities so lost, delayed, damaged or destroyed. Payments services provided by CARRIER to BROKER or its Customer, pursuant to the provisions of this section, Carrier shall be made within thirty (30handled in the following manner: a) days following receipt by CARRIER of BROKER’s or Customer’s undisputed claim and supporting documentation. CARRIER shall fully assist BROKER in investigating any claim Claims for cargo loss, damage, delayinjury or delay to cargo may be filed with Carrier within nine (9) months of the date of delivery of shipment or within twelve (12) months of a reasonable time for delivery (three months beyond agreed transit time), or destructionwithin nine (9) months of the date Carrier notifies Broker that the shipment is lost. b) Carrier agrees to pay Broker for all such claims filed with Carrier within ninety (f90) CARRIER waives days of receipt of such claims. For claims not resolved within ninety (90) days of the claim notice date, Broker will automatically deduct from Carrier’s settlement(s) the amount of the claim. The filing, processing and disposition of all cargo claims shall be governed by 49 C.F.R. 370 et seq. to the extent not modified herein. The parties agree that federal Common Carrier laws of liability (i.e. Xxxxxxx Amendment liability) shall apply to all shipments made, except that Carrier shall be liable to Broker for all economic loss, including consequential damages, and attorneys’ fees, that are incurred by Broker or Broker’s customers for any right to salvage goods subject to this provision, as well as any right to claim an offset for the value of salvage. (g) Exclusions from coverage contained in CARRIER’s Cargo Insurance as required herein shall not affect CARRIER’s liability for freight loss, damage, damage or delaydelay claim.

FREIGHT LOSS, DAMAGE OR DELAY. (a) Unless otherwise set forth in Appendix A, CARRIER shall have the sole and exclusive care, custody and control of the cargo tendered hereunder from the time it is delivered to CARRIER for transportation until delivery to the consignee accompanied by the appropriate receipts. CARRIER shall notify BROKER immediately in the event any such cargo is lost (including stolen), damaged or destroyed, or in the event CARRIER becomes aware that applicable delivery schedules will not be met. (b) CARRIER assumes the liability of a motor carrier under the Xxxxxxx Amendment as currently codified at 49 U.S.C. § 14706 for loss, delay, damage to or destruction of any and all goods or property tendered to CARRIER pursuant to this Agreement from the time the shipment Shipment is tendered to CARRIER until deliverydelivery which means the liability imposed under this section is for the actual loss or injury, up to the carrier’s insurance limits, to the property caused by (A) the receiving carrier, (B) the delivering carrier, or (C) another carrier over whose line or route the property is transported in the Canada or from a place in Canada to a place in an adjacent foreign country when transported under a through xxxx of lading. Failure to issue a receipt or xxxx of lading does not affect the liability of a carrier. A delivering carrier is deemed to be the carrier performing the line-haul transportation nearest the destination but does not include a carrier providing only a switching service at the destination. (ca) CARRIER shall be liable for the full invoice value of the cargo lost, damaged, delayed, or destroyed, as well as but shall not be liable for any additional related costs or fees, including consequential or incidental damages, unless SHIPPER requires CARRIER to be liable for such related costs or fees imposed upon in its shipper-broker agreement with BROKER by or otherwise. CARRIER shall have the cargo claimant, except that CARRIER’s full right to salvage goods or a right to claim an offset for the value liability shall not exceed $100,000 (U.S. Dollars) per shipment unless agreed upon in writing by the PARTIES (such agreement may, but need not necessarily, take the form of a declared value declaration). No other limitation of liability shall apply unless specifically agreed to in writing by BROKER prior to CARRIER’s receipt of the specific shipments to which such limitation applies, and salvage with BROKER’s agreement to a limitation prior written consent, which shall not be construed withheld if SHIPPER allows salvage of goods or an offset for salvage value. In the event of an accident, CARRIER shall be responsible for securement, cleanup and disposal of cargo as a waiver of full value liability with respect to any other goods tendered to CARRIERdirected by SHIPPER. (db) BROKER or its Customer may request that CARRIER accept a higher maximum liability. In such an event, the increased valuation will be stated in a separate Rate Confirmation Agreement or on the xxxx of lading. CARRIER’s acceptance of the load shall evidence CARRIER’s acknowledgement that CARRIER agrees that it will be liable for the increased valuation (of the full value of the goods, whichever is less), and that CARRIER agrees to maintain cargo insurance up to the full amount of such valuation. Upon request, CARRIER will provide BROKER or Customer evidence of such increased cargo insurance limits, which insurance will comply with the provisions of this Agreement governing cargo insurance. (e) CARRIER waives any Applicable Law regarding processing Processing of claims and handling of salvagefor freight loss, including, but not limited to, damage or delay shall be governed by the provisions of 49 C.F.R. Part 370. CARRIER shall pay to BROKER, or allow BROKER to deduct from the amount BROKER owes CARRIER, Customer’s full actual loss for the kind and quantity of commodities so lost, delayed, damaged or destroyed. Payments except as limited by CARRIER to BROKER or its Customer, pursuant to the provisions of this section, shall be made within thirty (30) days following receipt by CARRIER of BROKER’s or Customer’s undisputed claim and supporting documentationAgreement. CARRIER shall fully assist pay, decline or make a firm compromise of settlement within sixty (60) days after receipt of a claim. CARRIER and BROKER shall cooperate with each other and with SHIPPER in investigating any claim for cargo loss, damage, delay, or destruction. (fc) CARRIER waives any right SHIPPER shall be a third party beneficiary of this Section 8 and shall be entitled to salvage goods subject to enforce the obligations in this provision, as well as any right to claim an offset for the value of salvageSection 8 against CARRIER. (g) Exclusions from coverage contained in CARRIER’s Cargo Insurance as required herein shall not affect CARRIER’s liability for freight loss, damage, or delay.

FREIGHT LOSS, DAMAGE OR DELAY. (a) Unless otherwise set forth in Appendix A, a. CARRIER shall have the sole and exclusive care, custody and control of the cargo tendered hereunder from the time it is delivered to CARRIER for transportation until delivery to the consignee accompanied by the appropriate receipts. CARRIER shall notify BROKER immediately in the event any such cargo is lost (including stolen), damaged or destroyed, or receives any delivery receipt suggesting the same or in the event CARRIER becomes aware that applicable delivery schedules will not be met. (b) CARRIER assumes the liability of a motor carrier under the Xxxxxxx Amendment as currently codified at 49 U.S.C. § 14706 for loss, delay, damage to or destruction of any and all goods or property tendered to CARRIER pursuant to this Agreement from the time the shipment is tendered to CARRIER until delivery. (c) b. CARRIER shall be liable for the full invoice value of the cargo lost, damaged, delayed, or destroyed, such as provided for in the 49 USC 14706 (the Xxxxxxx Amendment) as well as any additional costs or fees imposed upon BROKER by the cargo claimant, except that CARRIER’s full value liability . “Full value” for the purposes of this provision is deemed to be the invoice price of freight tendered to the Carrier for transport. c. CARRIER shall not exceed $100,000 (U.S. Dollars) per be liable for special, incidental or consequential damages that relate to loss, damage or delay to a shipment unless agreed upon BROKER has informed CARRIER in writing by written or electronic form, prior to or when tendering a shipment to CARRIER of the PARTIES (potential nature, type and approximate value of such damages, and CARRIER specifically agrees in written or electronic form to accept responsibility for such damages. d. In any event BROKERS or shippers agreement may, but need not necessarily, take the form of a declared value declaration). No other to any limitation of liability shall apply unless specifically agreed to in writing by BROKER prior to CARRIER’s receipt on the part of the specific shipments to which such limitation applies, and BROKER’s agreement to a limitation CARRIER shall not be construed as a waiver of full invoice value liability with respect to any other goods tendered to CARRIER. (d) BROKER or its Customer may request that CARRIER accept a higher maximum liability. In such an event, the increased valuation will be stated in a separate Rate Confirmation Agreement or on the xxxx of lading. CARRIER’s acceptance of the load shall evidence CARRIER’s acknowledgement that CARRIER agrees that it will be liable for the increased valuation (of the full value of the goods, whichever is less), and that CARRIER agrees to maintain cargo insurance up to the full amount of such valuation. Upon request, CARRIER will provide BROKER or Customer evidence of such increased cargo insurance limits, which insurance will comply with the provisions of this Agreement governing cargo insurance. (e) e. CARRIER waives any Applicable Law regarding notice of and processing of claims and handling of salvage, including, but not limited to, the provisions of 49 C.F.R. Part 370any governing provincial “uniform xxxx of lading”. CARRIER shall pay to BROKER, or allow BROKER to deduct from the amount BROKER owes CARRIER, Customer’s full actual loss any amounts respecting CARRIERS liability herein for the kind and quantity of commodities so lost, delayed, damaged or destroyeddestroyed cargo. Payments by CARRIER to BROKER or its Customer, pursuant to the provisions of this section, shall be made within thirty (30) days following receipt by CARRIER of BROKER’s or Customer’s undisputed claim and supporting documentation. CARRIER shall fully assist BROKER in investigating any claim for cargo loss, damage, delay, or destruction. CARRIER agrees that the provisions contained in 49 CFR 370.1 et seq will govern the processing of all claims for loss, damage, injury or delay to property and the processing of salvage. CARRIER agrees to waive all rights and remedies under Title 49 U.S.C., Subtitle IV, Part B to the extent that they conflict with this Agreement. (f) f. CARRIER waives any right to salvage goods subject to this provision, as well as any right to claim an offset for the value of salvage. (g) g. Exclusions from coverage contained in CARRIER’s Motor Truck Cargo Liability Insurance as required herein shall not affect CARRIER’s liability for freight loss, damage, or delay.

FREIGHT LOSS, DAMAGE OR DELAY. (a) Unless otherwise set forth in Appendix A, CARRIER shall have the sole and exclusive care, custody and control of the cargo tendered hereunder from the time it is delivered to CARRIER for transportation until delivery to the consignee accompanied by the appropriate receipts. CARRIER shall notify BROKER immediately in the event any such cargo is lost (including stolen), damaged or destroyed, or in the event CARRIER becomes aware that applicable delivery schedules will not be met. (b) CARRIER assumes the liability of a motor carrier under the Xxxxxxx Amendment as currently codified at 49 U.S.C. § 14706 for loss, delay, damage to or destruction of any and all goods or property tendered to CARRIER pursuant to this Agreement from the time the shipment is tendered to CARRIER until delivery. (c) CARRIER shall be liable for the full invoice value of the cargo lost, damaged, delayed, or destroyed, as well as any additional costs or fees imposed upon BROKER by the cargo claimant, except that CARRIER’s full value liability shall not exceed $100,000 (U.S. Dollars) per shipment unless agreed upon in writing including all economic loss or special and consequential damages incurred by BROKER or the PARTIES (such agreement may, but need not necessarily, take the form of a declared value declaration)Customer for any delay claim. No other limitation of liability shall apply unless specifically agreed to in writing by BROKER prior to CARRIER’s receipt of the specific shipments to which such limitation applies, and BROKER’s agreement to a limitation shall not be construed as a waiver of full value liability with respect to any other goods tendered to CARRIERapply. (d) BROKER or its Customer may request that CARRIER accept a higher maximum liability. In such an event, the increased valuation will be stated in a separate Rate Confirmation Agreement or on the xxxx of lading. CARRIER’s acceptance of the load shall evidence CARRIER’s acknowledgement that CARRIER agrees that it will be liable for the increased valuation (of the full value of the goods, whichever is less), and that CARRIER agrees to maintain cargo insurance up to the full amount of such valuation. Upon request, CARRIER will provide BROKER or Customer evidence of such increased cargo insurance limits, which insurance will comply with the provisions of this Agreement governing cargo insurance. (e) CARRIER waives any Applicable Law regarding processing of claims and handling of salvage, including, but not limited to, the provisions of 49 C.F.R. Part 370. CARRIER shall pay to BROKER, or allow BROKER to deduct from the amount BROKER owes CARRIER, Customer’s full actual loss for the kind and quantity of commodities so lost, delayed, damaged or destroyed. Payments by CARRIER to BROKER or its Customer, pursuant to the provisions of this section, shall be made within thirty (30) days following receipt by CARRIER of BROKER’s or Customer’s undisputed claim and supporting documentation. CARRIER shall fully assist BROKER in investigating any claim for cargo loss, damage, delay, or destruction. (fe) CARRIER waives any right to salvage goods subject to this provision, as well as any right to claim an offset for the value of salvage. (gf) Exclusions from coverage contained in CARRIER’s Cargo Insurance as required herein shall not affect CARRIER’s liability for freight loss, damage, or delay.

FREIGHT LOSS, DAMAGE OR DELAY. (a) Unless otherwise set forth in Appendix A, CARRIER shall have the sole XXXXXXX acknowledges and exclusive care, custody and control of the cargo tendered hereunder from the time it is delivered to CARRIER for transportation until delivery to the consignee accompanied by the appropriate receipts. CARRIER shall notify BROKER immediately in the event any such cargo is lost (including stolen), damaged or destroyed, or in the event CARRIER becomes aware agrees that applicable delivery schedules will not be met. (b) CARRIER assumes the same liability of as a motor common carrier under the Xxxxxxx Amendment as currently codified at 49 U.S.C. § 14706 for full actual loss, delay, damage subject to or destruction of any and all goods or property tendered to CARRIER pursuant to this Agreement from the time the shipment is tendered to CARRIER until delivery. (c) CARRIER shall be liable for the full invoice value of the cargo lost, damaged, delayed, or destroyed, as well as any additional costs or fees imposed upon BROKER by the cargo claimant, except that CARRIER’s full value liability shall not exceed $100,000 (U.S. Dollars) per shipment unless agreed upon in writing by the PARTIES (such agreement may, but need not necessarily, take the form of a declared value declaration). No other limitation of liability shall apply unless specifically agreed to in writing by BROKER prior to CARRIER’s receipt of the specific shipments to which such limitation applies, and BROKER’s agreement to a limitation shall not be construed as a waiver of full value liability with respect to any other goods tendered to CARRIER. (d) BROKER or its Customer may request that CARRIER accept a higher maximum liability. In such an event, the increased valuation will be stated in a separate Rate Confirmation Agreement or on the xxxx of lading. CARRIER’s acceptance of the load shall evidence CARRIER’s acknowledgement that CARRIER agrees that it will be liable for the increased valuation (of the full value of the goods, whichever is less), and that CARRIER agrees to maintain cargo insurance up to the full amount of such valuation. Upon request, CARRIER will provide BROKER or Customer evidence of such increased cargo insurance limits, which insurance will comply with the provisions of this Agreement governing cargo insurance. (e) CARRIER waives any Applicable Law regarding processing of claims and handling of salvage, including, but not limited to, the provisions of 49 C.F.R. Part 370U.S.C. 14706 (Xxxxxxx Amendment). CARRIER CARRIER's liability for cargo loss or damage shall pay not be limited to BROKER, or allow BROKER to deduct from the amount BROKER owes CARRIERof cargo coverage required herein, Customer’s full actual loss for the kind and quantity of commodities so lost, delayed, damaged or destroyed. Payments by CARRIER to BROKER or its Customer, pursuant to the provisions of this section, nor shall be made within thirty (30) days following receipt by CARRIER of BROKER’s or Customer’s undisputed claim and supporting documentation. CARRIER shall fully assist BROKER in investigating any claim for cargo loss, damage, delay, or destruction. (f) CARRIER waives any right to salvage goods subject to this provision, as well as any right to claim an offset for the value of salvage. (g) Exclusions exclusions from coverage contained in CARRIER’s Cargo Insurance as required herein shall not 's cargo insurance affect CARRIER’s 's liability for freight loss, damage or delay. XXXXXXX hereby acknowledges and agrees that XXXXXXX'S right to salvage, whether XXXXXXX receives prior notice or not, for any product transported by CARRIER is based on and limited to the extent the customer of BROKER allows salvage and to the extent the customer disallows salvage CARRIER herby waives its right to salvage and salvage credit. Any claims arising from the services provided by Carrier shall be handled in the following manner: Initial ___/ a) Claims for loss, damage, injury or delaydelay to cargo may be filed in writing with CARRIER within nine (9) months of the date of delivery of shipment or within twelve ( 12) months of a reasonable time for delivery (three months beyond agreed transit time), or within nine (9) months of the date CARRrER notifies BROKER that the shipment is lost. b) CARRIER acknowledges and agrees that BROKER and any of its subsidiaries or related companies shall have: (I) the absolute right to set off from any amount otherwise due CARRIER to satisfy claims or shortages arising out of this or any other Agreement with CARRIER, and (2) the right to automatically deduct from CARRIER's settlement the amount of the claim at any time. The filing, processing and disposition of all cargo claims shall be governed by 49 C.F.R. 370 et seq. except to the extent modified herein. The parties agree that federal common carrier laws of liability (i.e. Xxxxxxx Amendment liability) shall apply to all shipments made, except that CARRIER shall be liable to BROKER for all economic loss, including consequential damages, and attorney's fees, that are incurred by BROKER or BROKER'S customers for any freight loss, damage or delay claim. No limitation of liability found in CARRIER's tariff, rules or classifications, including NMFC shall in any way lessen or limit CARRIER's liability under this paragraph.

FREIGHT LOSS, DAMAGE OR DELAY. (a) Unless otherwise set forth in Appendix A, CARRIER shall have the sole and exclusive care, custody and control of the cargo tendered hereunder from the time it is delivered to CARRIER for transportation until delivery to the consignee accompanied by the appropriate receipts. CARRIER shall notify BROKER immediately in the event any such cargo is lost (including stolen), damaged or destroyed, or in the event CARRIER becomes aware that applicable delivery schedules will not be met. (b) CARRIER assumes the liability of a motor carrier under the Xxxxxxx Amendment as currently codified at 49 U.S.C. § 14706 for loss, delay, damage to or destruction of any any, and all goods or property tendered to CARRIER pursuant to this Agreement from the time the shipment is tendered to CARRIER until delivery. (c) CARRIER shall be liable for the full invoice value of the cargo lost, damaged, delayed, or destroyed, as well as any additional costs or fees imposed upon BROKER by the cargo claimant, except that CARRIER’s full value liability shall not exceed $100,000 (U.S. Dollars) per shipment unless agreed upon in writing by the PARTIES (such agreement may, but need not necessarily, take the form of a declared value declaration). No other limitation of liability shall apply unless specifically agreed to in writing by BROKER prior to CARRIER’s receipt of the specific shipments to which such limitation applies, and BROKER’s agreement to a limitation shall not be construed as a waiver of full value liability with respect to any other goods tendered to CARRIERapply. (d) BROKER or its Customer may request that CARRIER accept a higher maximum liability. In such an event, the increased valuation will be stated in a separate Rate Confirmation Agreement or on the xxxx of lading. CARRIER’s acceptance of the load shall evidence CARRIER’s acknowledgement that CARRIER agrees that it will be liable for the increased valuation (of the full value of the goods, whichever is less), and that CARRIER agrees to maintain cargo insurance up to the full amount of such valuation. Upon request, CARRIER will provide BROKER or Customer evidence of such increased cargo insurance limits, which insurance will comply with the provisions of this Agreement governing cargo insurance. (e) CARRIER waives any Applicable Law regarding processing of claims and handling of salvage, including, but not limited to, the provisions of 49 C.F.R. Part 370. CARRIER shall pay to BROKER, BROKER or allow BROKER to deduct from the amount BROKER owes CARRIER, Customer’s full actual loss for the kind and quantity of commodities so lost, delayed, damaged damaged, or destroyed. Payments by CARRIER to BROKER or its Customer, pursuant to the provisions of this section, shall be made within thirty (3040) days following receipt by CARRIER of BROKER’s or Customer’s undisputed claim and supporting documentation. CARRIER shall fully assist BROKER in investigating any claim for cargo loss, damage, delay, or destruction. (fe) CARRIER shall return all damaged or rejected goods at its expense to points as instructed by BROKER. CARRIER shall not dispose of damaged or rejected goods without BROKER’s prior written consent. CARRIER waives any right to salvage goods subject to this provision, as well as any right to claim an offset for the value of salvage. Notwithstanding the foregoing, BROKER may determine in its sole discretion that goods are salvageable and the value of such salvage and may credit the salvage value against BROKER’s claim against CARRIER. If CARRIER pays BROKER for the full value of damaged or rejected goods and BROKER authorizes CARRIER to take possession of the goods for salvage, BROKER shall have the right to remove all identifying marks or labels from the goods or permanently mark them as “damaged” or similar notation. (gf) Exclusions from coverage contained in CARRIER’s Cargo Insurance as required herein shall not affect CARRIER’s liability for freight loss, damage, or delay.

FREIGHT LOSS, DAMAGE OR DELAY. (a) Unless otherwise set forth in Appendix A ppendix A, CARRIER shall have the sole and exclusive care, custody and control of the cargo tendered hereunder from the time it is delivered to CARRIER for transportation until delivery to the consignee accompanied by the appropriate receipts. CARRIER shall notify BROKER immediately in the event any such cargo is lost (including stolen), damaged or destroyed, or in the event CARRIER becomes aware that applicable delivery schedules will not be met. (b) CARRIER assumes the liability of a motor carrier under the Xxxxxxx Amendment as currently codified at 49 U.S.C. § 14706 for loss, delay, damage to or destruction of any and all goods or property tendered to CARRIER pursuant to this Agreement from the time the shipment is tendered to CARRIER until delivery. (c) CARRIER shall be liable for the full invoice value of the cargo lost, damaged, delayed, or destroyed, as well as any additional costs or fees imposed upon BROKER by the cargo claimant, except that CARRIER’s full value liability shall not exceed $100,000 (U.S. Dollars) per shipment unless agreed upon in writing by the PARTIES (such agreement may, but need not necessarily, take the form of a declared value declaration). No other limitation of liability shall apply unless specifically agreed to in writing by BROKER prior to CARRIER’s receipt of the specific shipments to which such limitation applies, and BROKER’s agreement to a limitation shall not be construed as a waiver of full value liability with respect to any other goods tendered to CARRIER. (d) BROKER or its Customer may request that CARRIER accept a higher maximum liability. In such an event, the increased valuation will be stated in a separate Rate Confirmation Agreement or on the xxxx of lading. CARRIER’s acceptance of the load shall evidence CARRIER’s acknowledgement that CARRIER agrees that it will be liable for the increased valuation (of the full value of the goods, whichever is less), and that CARRIER agrees to maintain cargo insurance up to the full amount of such valuation. Upon request, CARRIER will provide BROKER or Customer evidence of such increased cargo insurance limits, which insurance will comply with the provisions of this Agreement governing cargo insurance. (e) CARRIER waives any Applicable Law regarding processing of claims and handling of salvage, including, but not limited to, the provisions of 49 C.F.R. Part 370. CARRIER shall pay to BROKER, or allow BROKER to deduct from the amount BROKER owes CARRIER, Customer’s full actual loss for the kind and quantity of commodities so lost, delayed, damaged or destroyed. Payments by CARRIER to BROKER or its Customer, pursuant to the provisions of this section, shall be made within thirty (30) days following receipt by CARRIER of BROKER’s or Customer’s undisputed claim and supporting documentation. CARRIER shall fully assist BROKER in investigating any claim for cargo loss, damage, delay, or destruction. (f) CARRIER waives any right to salvage goods subject to this provision, as well as any right to claim an offset for the value of salvage. (g) Exclusions from coverage contained in CARRIER’s Cargo Insurance as required herein shall not affect CARRIER’s liability for freight loss, damage, or delay.

FREIGHT LOSS, DAMAGE OR DELAY. (a) Unless otherwise set forth in Appendix A, 8.1 CARRIER shall have the sole and exclusive care, custody and control of the cargo tendered hereunder from the time it is delivered to CARRIER for transportation until delivery to the consignee accompanied by the appropriate receipts. CARRIER shall notify BROKER CtrlChain immediately in the event any such cargo is lost (including stolen), damaged or destroyed, or in the event CARRIER becomes aware that applicable delivery schedules will not be met. (b) 8.2 CARRIER assumes the liability of a motor carrier under the Xxxxxxx Amendment as currently codified at 49 U.S.C. § 14706 for loss, delay, damage to or destruction of any and all goods or property tendered to CARRIER pursuant to this Agreement these Terms and Conditions from the time the shipment is tendered to CARRIER until delivery. (c) 8.3 CARRIER shall be liable for the full invoice value of the cargo lost, damaged, delayed, or destroyed, as well as any additional costs or fees imposed upon BROKER CtrlChain by the cargo claimant, except that CARRIER’s full value liability shall not exceed $100,000 150.000 (U.S. Dollars) per shipment unless agreed upon in writing by the PARTIES Parties (such agreement may, but need not necessarily, take the form of a declared value declaration). No other limitation of liability shall apply unless specifically agreed to in writing by BROKER CtrlChain prior to CARRIER’s receipt of the specific shipments to which such limitation applies, and BROKERCtrlChain’s agreement to a limitation shall not be construed as a waiver of full value liability with respect to any other goods tendered to CARRIER. (d) BROKER or its Customer 8.4 CtrlChain may request that CARRIER accept a higher maximum liability. In such an event, the increased valuation will be stated in a separate Rate Confirmation Agreement order confirmation or on the xxxx bill of lading. CARRIERXXXXXXX’s acceptance of the load shall evidence CARRIER’s acknowledgement that CARRIER XXXXXXX agrees that it will be liable for the increased valuation (of the full value of the goods, whichever is less), and that CARRIER agrees to maintain cargo insurance up to the full amount of such valuation. Upon request, CARRIER will provide BROKER or Customer CtrlChain evidence of such increased cargo insurance limits, which insurance will comply with the provisions of this Agreement these Terms and Conditions governing cargo insurance. XXXXXXX will comply with the provisions of the CCA Security Policy as applicable based on the amount of the higher valuation. (e) 8.5 CARRIER waives any Applicable Law regarding processing of claims and handling of salvage, including, but not limited to, the provisions of 49 C.F.R. Part 370. CARRIER shall pay to BROKERCtrlChain, or allow BROKER CtrlChain to deduct from the amount BROKER CtrlChain owes CARRIER, Customer’s the full actual loss for the kind and quantity of commodities so lost, delayed, damaged or destroyed. Payments by CARRIER to BROKER or its CustomerCtrlChain, pursuant to the provisions of this section, shall be made within thirty (30) days following receipt by CARRIER of BROKER’s or CustomerCtrlChain’s undisputed claim and supporting documentation. CARRIER shall fully assist BROKER CtrlChain in investigating any claim for cargo loss, damage, delay, or destruction. (f) 8.6 CARRIER waives any right to salvage goods subject to this provision, as well as any right to claim an offset for the value of salvage. (g) 8.7 Exclusions from coverage contained in CARRIER’s Cargo Insurance as required herein shall not affect CARRIER’s liability for freight loss, damage, or delay.

FREIGHT LOSS, DAMAGE OR DELAY. (a) Unless otherwise set forth in Appendix A, a. CARRIER shall have the sole and exclusive care, custody and control of the cargo tendered hereunder from the time it is delivered to CARRIER for transportation until delivery to the consignee accompanied by the appropriate receipts. CARRIER shall notify BROKER immediately in the event any such cargo is lost (including stolen), damaged or destroyed, or receives any delivery receipt suggesting the same or in the event CARRIER becomes aware that applicable delivery schedules will not be met. (b) CARRIER assumes the liability of a motor carrier under the Xxxxxxx Amendment as currently codified at 49 U.S.C. § 14706 for loss, delay, damage to or destruction of any and all goods or property tendered to CARRIER pursuant to this Agreement from the time the shipment is tendered to CARRIER until delivery. (c) b. CARRIER shall be liable for cargo loss, damage or delay in accordance with the full invoice carrier liability provisions in force in the jurisdiction in which the xxxx of lading is issued or where no xxxx of lading is issued where the cargo is received for carriage. c. CARRIER shall not be liable for special, incidental or consequential damages that relate to loss, damage or delay to a shipment unless BROKER has informed CARRIER in written or electronic form, prior to or when tendering a shipment to CARRIER of the potential nature, type and approximate value of the cargo lostsuch damages, damaged, delayed, and CARRIER specifically agrees in written or destroyed, as well as electronic form to accept responsibility for such damages. d. In any additional costs event BROKERS or fees imposed upon BROKER by the cargo claimant, except that CARRIER’s full value liability shall not exceed $100,000 (U.S. Dollars) per shipment unless agreed upon in writing by the PARTIES (such shippers agreement may, but need not necessarily, take the form of a declared value declaration). No other to any limitation of liability shall apply unless specifically agreed to in writing by BROKER prior to CARRIER’s receipt on the part of the specific shipments to which such limitation applies, and BROKER’s agreement to a limitation CARRIER shall not be construed as a waiver of full invoice value liability with respect to any other goods tendered to CARRIER. (d) BROKER or its Customer may request that CARRIER accept a higher maximum liability. In such an event, the increased valuation will be stated in a separate Rate Confirmation Agreement or on the xxxx of lading. CARRIER’s acceptance of the load shall evidence CARRIER’s acknowledgement that CARRIER agrees that it will be liable for the increased valuation (of the full value of the goods, whichever is less), and that CARRIER agrees to maintain cargo insurance up to the full amount of such valuation. Upon request, CARRIER will provide BROKER or Customer evidence of such increased cargo insurance limits, which insurance will comply with the provisions of this Agreement governing cargo insurance. (e) e. CARRIER waives any Applicable Law regarding notice of and processing of claims and handling of salvage, including, but not limited to, the provisions of 49 C.F.R. Part 370any governing provincial “uniform xxxx of lading”. CARRIER shall pay to BROKER, or allow BROKER to deduct from the amount BROKER owes CARRIER, Customer’s full actual loss any amounts respecting CARRIERS liability herein for the kind and quantity of commodities so lost, delayed, damaged or destroyeddestroyed cargo. Payments by CARRIER to BROKER or its Customer, pursuant to the provisions of this section, shall be made within thirty (30) days following receipt by CARRIER of BROKER’s or Customer’s undisputed claim and supporting documentation. CARRIER shall fully assist BROKER in investigating any claim for cargo loss, damage, delay, or destruction. (f) f. CARRIER waives any right to salvage goods subject to this provision, as well as any right to claim an offset for the value of salvage. (g) g. Exclusions from coverage contained in CARRIER’s Motor Truck Cargo Liability Insurance as required herein shall not affect CARRIER’s liability for freight loss, damage, or delay.

FREIGHT LOSS, DAMAGE OR DELAY. (a) Unless otherwise set forth in Appendix A, CARRIER shall have the sole and exclusive care, custody custody, and control of the cargo tendered hereunder Customer’s properly from the time it is delivered to CARRIER for transportation until delivery to the consignee accompanied by the appropriate receiptsconsignee. CARRIER shall notify BROKER immediately in the event any such cargo is lost (including stolen), damaged or destroyed, or in the event CARRIER becomes aware that applicable delivery schedules will not be met. (b) CARRIER assumes the liability of a motor common carrier under the (i.e. Xxxxxxx Amendment as currently codified at 49 U.S.C. § 14706 Liability) for loss, delay, delay damage to or destruction of any and all of the Customer’s goods or property tendered to CARRIER pursuant to this Agreement from the time the shipment is tendered to CARRIER until delivery. (c) CARRIER shall be liable for the full invoice value of the cargo lostwhile under CARRIER’s care, damaged, delayedcustody, or destroyed, as well as any additional costs or fees imposed upon BROKER by the cargo claimant, except that CARRIER’s full value liability shall not exceed $100,000 (U.S. Dollars) per shipment unless agreed upon in writing by the PARTIES (such agreement may, but need not necessarily, take the form of a declared value declaration). No other limitation of liability shall apply unless specifically agreed to in writing by BROKER prior to CARRIER’s receipt of the specific shipments to which such limitation applies, and BROKER’s agreement to a limitation shall not be construed as a waiver of full value liability with respect to any other goods tendered to CARRIER. (d) BROKER or its Customer may request that CARRIER accept a higher maximum liability. In such an event, the increased valuation will be stated in a separate Rate Confirmation Agreement or on the xxxx of lading. CARRIER’s acceptance of the load shall evidence CARRIER’s acknowledgement that CARRIER agrees that it will be liable for the increased valuation (of the full value of the goods, whichever is less), and that CARRIER agrees to maintain cargo insurance up to the full amount of such valuation. Upon request, CARRIER will provide BROKER or Customer evidence of such increased cargo insurance limits, which insurance will comply with the provisions of this Agreement governing cargo insurance. (e) CARRIER waives any Applicable Law regarding processing of claims and handling of salvage, including, but not limited to, the provisions of 49 C.F.R. Part 370control. CARRIER shall pay to BROKER, or allow BROKER to deduct from the amount BROKER owes CARRIER, Customer’s full actual loss for the kind and quantity quality of commodities so lost, delayed, damaged damaged, or destroyed. CARRIER shall be liable to BROKER for all economic loss, including consequential damages that are incurred by BROKER or the Customer for any freight loss, damage, or delay claim. Payments by CARRIER to BROKER or its Customer, pursuant to the provisions of this section, shall be made within thirty (30) days following receipt by CARRIER of BROKER’s or Customer’s undisputed claim invoice and supporting documentationdocumentation for the claim. CONFIDENTIALITY AND NON-SOLICATION Neither party may disclose the terms of this SA to a third party without the written consent of the other party except (1) AS REQUIRED BY LAW OR REGULATION; (2) disclosure is made to its parent, subsidiary, or affiliate company; or (3) to facilitate rating or auditing of transportation charges by an authorized agent and such agent agrees to keep the terms of the SA confidential. CARRIER shall fully assist BROKER in investigating any claim for cargo losswill not solicit traffic from shipper, damageconsignor, delayconsignee, or destruction. Customer of BROKER was first tendered to CARRIER by BROKER. If CARRIER breaches this SA and directly or indirectly solicits traffic from customers of BROKER and obtains traffic from such customer during the term of this SA or for (f12) CARRIER waives any right to salvage goods subject to this provisionmonths thereafter, as well as any right to claim an offset commission in the amount of thirty-five percent (35%) of the transportation revenue resulting from traffic transported for the value of salvage. (g) Exclusions from coverage contained Customer, and CARRIER shall provide BROKER with all documentation requested by BROKER to verify such transportation revenue. ASSIGNMENT/MODIFICATION/BENEFIT OF AGREEMENT This SA may not be assigned or transferred in CARRIER’s Cargo Insurance as required herein shall not affect CARRIER’s liability for freight losswhole or in part, damageand supersedes all other agreements and all tariffs, rates, classifications and schedules publishes, filed, or delayotherwise maintained by CARRIER. This SA shall be binding upon and ensure to the benefit of the parties hereto.