Hazardous Material Transportation. Customer shall provide PCC Logistics and the Independent Contractors with advance written notice of the proposed shipment of any hazardous material, as that term is used and defined in the Hazardous Material Transportation Act, 49 U.S.C. § 5101, et seq. or any other applicable statute, regulation, or other law (“Hazardous Material”). Prior to the transportation, Customer shall provide PCC Logistics and the Independent Contractors with a current Material Safety Data Sheet, or any other Hazardous Material document required to be prepared and provided by Customer or its agent for the Hazardous Material shipment. Customer shall indemnify, defend and hold harmless PCC Logistics and the Independent Contractors, their officers, directors, employees, agents and insurers, against all claims, liabilities, losses, fines, reasonable attorney fees and other expenses arising out of or related to, exposure to or release of any Hazardous Material, including without limitation, fines or expenses relating to the removal or treatment of Hazardous Material or any other remedial action pertaining to the Hazardous Material under federal, state or foreign law, if (i) Customer fails to provide the notice required by this provision prior to tendering the Hazardous Material to the Independent Contractors, (ii) the contact, exposure or release resulted from the improper packaging or loading or other acts or omissions of the Customer, its employees or agents, or (iii) the contact, exposure or release occurred subsequent to the transport or storage of the Hazardous Material by PCC Logistics or the Independent Contractors.
Appears in 3 contracts
Samples: Warehouse Services Agreement, Warehouse Services Agreement, Warehouse Services Agreement
Hazardous Material Transportation. Customer shall provide PCC Xxxxxx Logistics and the Independent Contractors Subcontractors with advance written notice of the proposed shipment of any hazardous material, as that term is used and defined in the Hazardous Material Transportation Act, 49 U.S.C. § 5101, et seq. or any other applicable statute, regulation, regulation or other law (“Hazardous Material”). Prior to the transportation, Customer shall provide PCC Xxxxxx Logistics and the Independent Contractors Subcontractors with a current Material Safety Data Sheet, Sheet or any other Hazardous Material document required to be prepared and provided by Customer or its agent for the Hazardous Material shipment. Customer shall indemnify, defend and hold harmless PCC Xxxxxx Logistics and the Independent ContractorsSubcontractors, their officers, directors, employees, agents and insurers, against all claims, liabilities, losses, fines, reasonable attorney fees and other expenses arising out of or related to, exposure to or release of any Hazardous Material, including without limitation, fines or expenses relating to the removal or treatment of Hazardous Material or any other remedial action pertaining to the Hazardous Material under federal, state or foreign law, if (i) Customer fails to provide the notice required by this provision prior to tendering the Hazardous Material to the Independent ContractorsSubcontractors, (ii) the contact, exposure or release resulted from the improper packaging or loading or other acts or omissions of the Customer, its employees or agents, or (iii) the contact, exposure or release occurred subsequent to the transport or storage of the Hazardous Material by PCC Xxxxxx Logistics or the Independent ContractorsSubcontractors.
Appears in 2 contracts
Samples: Customer Services Agreement, Customer Services Agreement