Common use of LOSS & DAMAGE CLAIMS Clause in Contracts

LOSS & DAMAGE CLAIMS. i. CARRIER shall process each freight loss and damage claim it receives from a Participating BROKER, or any party entitled to recover against CARRIER for the same, pursuant to 49 C.F.R. §370.1 et seq., and any amendments thereto; and ii. CARRIER shall cooperate with BROKER in the investigation of any claim for cargo loss, damage, delay, or destruction; and iii. CARRIER's liability for freight loss or damage from any cause shall be for the full actual value of the lost, damaged, or delayed freight without limitation and not subject to any lesser “released value” under 49 U.S.C. §14706, the “Xxxxxxx Amendment;” and iv. CARRIER's liability for freight loss and damage claims shall include legal fees and costs incurred by BROKER, either in defense or prosecution of the same; and v. Neither Party shall be liable to the other for consequential damages without prior written notification of the risk of loss, the approximate financial amount of such loss, and an agreement to assume such responsibility has been made in writing; and vi. Notwithstanding the terms of 49 CFR 370.9, CARRIER shall pay, decline or make a settlement offer in writing on all cargo loss or damage claims within sixty (60) days of receipt of the claim. CARRIER’s failure to pay, decline or offer settlement within this period shall be deemed an admission by CARRIER of full liability for the amount claimed, and a material breach of this Agreement. BROKER shall be authorized to set- off valid, uncontested cargo loss and damage claims against amounts BROKER owes CARRIER pursuant to this Agreement; and vii. CARRIER shall pay to BROKER the full amount claimed by BROKER or the legal claimant for the kind and quantity of commodities so lost, delayed, damaged or destroyed. Payments by CARRIER to BROKER shall be paid and received for the account of the legal claimant, and shall be made within sixty (60) days following CARRIER’s receipt of the claim statement and supporting documentation; and viii. Any exclusion from coverage contained in CARRIER’s Cargo Insurance Policy shall not limit, reduce, or nullify CARRIER’s liability for freight loss, damage, or delay.

LOSS & DAMAGE CLAIMS. i. (i) CARRIER shall process each freight loss and damage claim it receives from a Participating BROKER, or any party entitled to recover against CARRIER for the same, pursuant to comply with 49 C.F.R. §370.1 et seq., . and any amendments theretoand/or any other applicable regulations adopted by the Federal Motor Carrier Safety Administration, U.S. Department of Transportation, or any applicable state regulatory agency, for processing all loss and damage claims and salvage. 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 conclusively determined to be "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 the destination without diminishing or affecting CARRIER'S liability in the event of a cargo claim. CARRIER shall not sell, salvage, or attempt to sell or salvage any goods without the BROKER's express written permission, salvage ability will be limited based on underlying BROKER agreement with Shipper/Customer.; and (ii. CARRIER shall cooperate with BROKER in the investigation of ) CARRIER’s liability for any claim for cargo damage, loss, damage, delay, or destruction; and iii. CARRIER's liability for freight loss or damage theft from any cause shall be for determined under the full actual value of the lostXxxxxxx Amendment, damaged, or delayed freight without limitation and not subject to any lesser “released value” under 49 U.S.C. §1470614706 if applicable; however, liability for exempt commodities and processing cargo loss and damage claims shall be determined by DRC Trading Practices, or Blue Book Transportation Guidelines, or NAPTWG Best Practices by agreement of the “Xxxxxxx Amendment;” Parties and if no agreement then by one of the above associations’ guidelines named above at the selection of the BROKER. and iv. (iii) Special Damages: CARRIER's ’s indemnification liability (Par 1.H) for freight loss and damage claims under this sub-par C (ii) shall include legal fees which shall constitute special damages, the risk of which is expressly assumed by CARRIER, and costs incurred which shall not be limited by BROKERany liability of CARRIER under Subp. (ii) above. (iv) Except as provided in Par 1.E above, either in defense or prosecution of the same; and v. Neither neither Party shall be liable to the other for consequential damages without prior written notification of the risk of loss, the loss and its approximate financial amount of such lossamount, and an agreement agree to assume such responsibility has been made in writing; and. vi. (v) Notwithstanding the terms of 49 CFR 370.9, CARRIER shall pay, decline decline, or make a settlement offer in writing on all cargo loss or damage claims within sixty (60) 60 days of receipt of the claim. CARRIER’s failure Failure of CARRIER to pay, decline or offer settlement within this 30 day period shall be deemed an admission by CARRIER of full liability for the amount claimed, claimed and a material breach of this Agreement. BROKER shall be authorized to set- off valid, uncontested cargo loss and damage claims against amounts BROKER owes CARRIER pursuant to this Agreement; and vii. CARRIER shall pay to BROKER the full amount claimed by BROKER or the legal claimant for the kind and quantity of commodities so lost, delayed, damaged or destroyed. Payments by CARRIER to BROKER shall be paid and received for the account of the legal claimant, and shall be made within sixty (60) days following CARRIER’s receipt of the claim statement and supporting documentation; and viii. Any exclusion from coverage contained in CARRIER’s Cargo Insurance Policy shall not limit, reduce, or nullify CARRIER’s liability for freight loss, damage, or delay.

LOSS & DAMAGE CLAIMS. i. (i) CARRIER shall process each freight loss and damage claim it receives from a Participating BROKER, or any party entitled to recover against CARRIER for the same, pursuant to comply with 49 C.F.R. §370.1 et seq., . and any amendments thereto; and/or any other applicable regulations adopted by the Federal Motor Carrier Safety Administration, U.S. Department of Transportation, or any applicable state regulatory agency, for processing all loss and damage claims and salvage and (ii. CARRIER shall cooperate with BROKER in the investigation of ) CARRIER’s liability for any claim for cargo damage, loss, damage, delay, or destruction; and iii. CARRIER's liability for freight loss or damage theft from any cause shall be for determined under the full actual value of the lostXxxxxxx Amendment, damaged, or delayed freight without limitation and not subject to any lesser “released value” under 49 U.S.C. §14706, the “Xxxxxxx Amendment;” ; and iv. (iii) Special Damages: CARRIER's ’s indemnification liability (Par 1.H) for freight loss and damage claims under this sub par C (ii) shall include legal fees which shall constitute special damages, the risk of which is expressly assumed by CARRIER, and costs incurred which shall not be limited by BROKERany liability of CARRIER under Subp. (ii) above. (iv) Except as provided herein, either in defense or prosecution of the same; and v. Neither neither Party shall be liable to the other for consequential damages without prior written notification of the risk of loss, the loss and its approximate financial amount of such lossamount, and an agreement to assume such responsibility has been made in writing; and. Loss or damages arising out of delayed delivery, failed delivery, or failure to maintain required temperatures of temperature controlled shipments shall not constitute consequential damages but fall within the categories of damages covered by the Indemnity provisions found in Paragraph 1 and elsewhere herein. vi. (v) Notwithstanding the terms of 49 CFR 370.9, LOGICO, acting as a facilitator for LOGICO’s customer, will submit freight loss and damage claims in compliance with 49 CFR 370.1 et seq. to CARRIER within 12 months of delivery date or scheduled delivery, whichever is later. CARRIER shall pay, decline or make a settlement offer in writing on all cargo loss or damage claims within sixty (60) 30 days of receipt of the claim. CARRIER’s failure Failure of CARRIER to pay, decline or offer settlement within this 30-day period shall be deemed an admission by CARRIER of full liability for the amount claimed, claimed and a material breach of this Agreement. BROKER shall be authorized to set- off valid, uncontested cargo loss and damage claims against amounts BROKER owes CARRIER pursuant to this Agreement; and vii. CARRIER shall pay to BROKER not sell, auction, or otherwise salvage or dispose of any allegedly damaged or compromised shipment without the full amount claimed by BROKER prior written consent of LOGICO or the legal claimant for the kind and quantity of commodities so lost, delayed, damaged or destroyed. Payments by CARRIER to BROKER shall be paid and received for the account of the legal claimant, and shall be made within sixty shipper. (60vi) days following CARRIER’s receipt of the claim statement and supporting documentation; and viii. Any exclusion from coverage contained in CARRIER’s Cargo Insurance Policy shall not limit, reduce, or nullify CARRIER’s liability for freight cargo damage, loss, damageor theft from any cause for any one shipment, under Subp. ii above, shall not exceed $100,000 unless CARRIER is notified by LOGCIO or delayShipper of the increased value prior to shipment pick up. (vii) In the event and to the extent that CARRIER’S sole negligence or failure to perform in conformity with the requirements of this Agreement (1) would result in a line shutdown for one or more of LOGICO’S customers or the Original Equipment Manufacturer, CARRIER shall be responsible for costs of expedited freight charges and similar costs necessary to try to avoid or minimize a shutdown, and (2) if a plant or line shutdown at one of LOGICO’s customers or the Original Equipment Manufacturer occurs, CARRIER shall be liable to LOGICO for any and all actual expenses, losses or penalty in fact paid by LOGICO to its customer for the shutdown, up to $10,000 per fifteen minutes of shutdown, with a maximum of $100,000 per occurrence

LOSS & DAMAGE CLAIMS. i. (i) CARRIER shall process each freight loss and damage claim it receives from a Participating BROKER, or any party entitled to recover against CARRIER for the same, pursuant to comply with 49 C.F.R. §370.1 et seq., . and any amendments thereto; and/or any other applicable regulations adopted by the Federal Motor Carrier Safety Administration, U.S. Department of Transportation, or any applicable state regulatory agency, for processing all loss and damage claims and salvage and (ii. CARRIER shall cooperate with BROKER in the investigation of ) CARRIER’s liability for any claim for cargo damage, loss, damage, delay, or destruction; and iii. CARRIER's liability for freight loss or damage theft from any cause shall be for determined under the full actual value of the lostXxxxxxx Amendment, damaged, or delayed freight without limitation and not subject to any lesser “released value” under 49 U.S.C. §14706, the “Xxxxxxx Amendment;” ; and iv. (iii) Special Damages: CARRIER's ’s indemnification liability (Par 1.H) for freight loss and damage claims under this sub par C (ii) shall include legal fees which shall constitute special damages, the risk of which is expressly assumed by CARRIER, and costs incurred which shall not be limited by BROKERany liability of CARRIER under Subp. (ii) above. (iv) Except as provided in Par 1.E above, either in defense or prosecution of the same; and v. Neither neither Party shall be liable to the other for consequential damages without prior written notification of the risk of loss, the loss and its approximate financial amount of such lossamount, and an agreement to assume such responsibility has been made in writing; and. vi. (v) Notwithstanding the terms of 49 CFR 370.9, CARRIER 370.9,CARRIER shall pay, decline or make a settlement offer in writing on all cargo loss or damage claims within sixty (60) 90 days of receipt of the claim. CARRIER’s failure Failure of CARRIER to pay, decline or offer settlement within this 90 day period shall be deemed an admission by CARRIER of full liability for the amount claimed, claimed and a material breach of this Agreement. BROKER shall be authorized to set- off valid, uncontested cargo loss and damage claims against amounts BROKER owes CARRIER pursuant to this Agreement; and. vii. CARRIER shall pay to BROKER the full amount claimed by BROKER or the legal claimant for the kind and quantity of commodities so lost, delayed, damaged or destroyed. Payments by CARRIER to BROKER shall be paid and received for the account of the legal claimant, and shall be made within sixty (60vi) days following CARRIER’s receipt of the claim statement and supporting documentation; and viii. Any exclusion from coverage contained in CARRIER’s Cargo Insurance Policy shall not limit, reduce, or nullify CARRIER’s liability for freight cargo damage, loss, damageor theft from any cause for any one shipment, under Subp. ii above shall not exceed $0.50 per pound unless CARRIER is notified by DYNAMIC or delayShipper of the increased value prior to shipment pick up.

LOSS & DAMAGE CLAIMS. i. (i) CARRIER shall process each freight loss and damage claim it receives from a Participating BROKER, or any party entitled to recover against CARRIER for the same, pursuant to comply with 49 C.F.R. §370.1 et seq., . and any amendments theretoand/or any other applicable regulations adopted by the Federal Motor Carrier Safety Administration, U.S. Department of Transportation, or any applicable state regulatory agency, for processing all loss and damage claims and salvage. 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 conclusively determined to be "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, salvage or attempt to sell or salvage any goods without the BROKER's express written permission; and (ii. CARRIER shall cooperate with BROKER in the investigation of ) CARRIER’s liability for any claim for cargo damage, loss, damage, delay, or destruction; and iii. CARRIER's liability for freight loss or damage theft from any cause shall be for determined under the full actual value of the lostXxxxxxx Amendment, damaged, or delayed freight without limitation and not subject to any lesser “released value” under 49 U.S.C. §1470614706 if applicable; however, liability for exempt commodities and processing cargo loss and damage claims shall be determined by: DRC Trading Practices, or Blue Book Transportation Guidelines, or NAPTWG Best Practices by agreement of the “Xxxxxxx Amendment;” Parties and if no agreement then by one of the above associations’ guidelines named above at the selection of the BROKER. and iv. (iii) Special Damages: CARRIER's ’s indemnification liability (Par 1.H) for freight loss and damage claims under this sub-par C (ii) shall include legal fees which shall constitute special damages, the risk of which is expressly assumed by CARRIER, and costs incurred which shall not be limited by BROKERany liability of CARRIER under Subp. (ii) above. (iv) Except as provided in Par 1.E above, either in defense or prosecution of the same; and v. Neither neither Party shall be liable to the other for consequential damages without prior written notification of the risk of loss, the loss and its approximate financial amount of such lossamount, and an agreement to assume such responsibility has been made in writing; and. vi. (v) Notwithstanding the terms of 49 CFR 370.9, CARRIER shall pay, decline or make a settlement offer in writing on all cargo loss or damage claims within sixty (60) days of receipt of the claim. CARRIER’s failure Failure of CARRIER to pay, decline or offer settlement within this day period shall be deemed an admission by CARRIER of full liability for the amount claimed, claimed and a material breach of this Agreement. BROKER (If blanks are not filled in, the default figures shall be authorized to set- off valid, uncontested cargo loss and damage claims against amounts BROKER owes CARRIER pursuant to this Agreement; and vii. CARRIER shall pay to BROKER the full amount claimed by BROKER or the legal claimant 60 days for the kind 1st blank and quantity of commodities so lost, delayed, damaged or destroyed. Payments by CARRIER to BROKER shall be paid and received 45 days for the account of the legal claimant, and shall be made within sixty (60) days following CARRIER’s receipt of the claim statement and supporting documentation; and viii. Any exclusion from coverage contained in CARRIER’s Cargo Insurance Policy shall not limit, reduce, or nullify CARRIER’s liability for freight loss, damage, or delay2d blank.)

LOSS & DAMAGE CLAIMS. i. (i) CARRIER shall process each freight loss and damage claim it receives from a Participating BROKER, or any party entitled to recover against CARRIER for the same, pursuant to comply with 49 C.F.R. §370.1 et seq., . and any amendments theretoand/or any other applicable regulations adopted by the Federal Motor Carrier Safety Administration, U.S. Department of Transportation, or any applicable state regulatory agency, for processing all loss and damage claims and salvage. 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 conclusively determined to be "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, salvage or attempt to sell or salvage any goods without the BROKER's express written permission; and (ii. CARRIER shall cooperate with BROKER in the investigation of ) CARRIER’s liability for any claim for cargo damage, loss, damage, delay, or destruction; and iii. CARRIER's liability for freight loss or damage theft from any cause shall be for determined under the full actual value of the lostXxxxxxx Amendment, damaged, or delayed freight without limitation and not subject to any lesser “released value” under 49 U.S.C. §1470614706 if applicable; however, liability for exempt commodities and processing cargo loss and damage claims shall be determined by: DRC Trading Practices, or Blue Book Transportation Guidelines, or NAPTWG Best Practices by agreement of the “Xxxxxxx Amendment;” Parties and if no agreement then by one of the above associations’ guidelines named above at the selection of the BROKER. and iv. (iii) Special Damages: CARRIER's ’s indemnification liability (Par 1.H) for freight loss and damage claims under this sub-par C (ii) shall include legal fees which shall constitute special damages, the risk of which is expressly assumed by CARRIER, and costs incurred which shall not be limited by BROKERany liability of CARRIER under Subp. (ii) above. (iv) Except as provided in Par 1.E above, either in defense or prosecution of the same; and v. Neither neither Party shall be liable to the other for consequential damages without prior written notification of the risk of loss, the loss and its approximate financial amount of such lossamount, and an agreement to assume such responsibility has been made in writing; and. vi. (v) Notwithstanding the terms of 49 CFR 370.9, CARRIER shall pay, decline or make a settlement offer in writing on all cargo loss or damage claims within sixty (60) _ days of receipt of the claim. CARRIER’s failure Failure of CARRIER to pay, decline or offer settlement within this _ day period shall be deemed an admission by CARRIER of full liability for the amount claimed, claimed and a material breach of this Agreement. BROKER (If blanks are not filled in, the default figures shall be authorized to set- off valid, uncontested cargo loss and damage claims against amounts BROKER owes CARRIER pursuant to this Agreement; and vii. CARRIER shall pay to BROKER the full amount claimed by BROKER or the legal claimant 60 days for the kind 1st blank and quantity of commodities so lost, delayed, damaged or destroyed. Payments by CARRIER to BROKER shall be paid and received 45 days for the account of the legal claimant, and shall be made within sixty (60) days following CARRIER’s receipt of the claim statement and supporting documentation; and viii. Any exclusion from coverage contained in CARRIER’s Cargo Insurance Policy shall not limit, reduce, or nullify CARRIER’s liability for freight loss, damage, or delay2d blank.)

LOSS & DAMAGE CLAIMS. i. (i) CARRIER shall process each freight loss and damage claim it receives from a Participating BROKER, or any party entitled to recover against CARRIER for the same, pursuant to comply with 49 C.F.R. §370.1 et seq., . and any amendments thereto; and/or any other applicable regulations adopted by the Federal Motor Carrier Safety Administration, U.S. Department of Transportation, or any applicable state regulatory agency, for processing all loss and damage claims and salvage and (ii. CARRIER shall cooperate with BROKER in the investigation of ) CARRIER’s liability for any claim for cargo damage, loss, damage, delay, or destruction; and iii. CARRIER's liability for freight loss or damage theft from any cause shall be for determined under the full actual value of the lostXxxxxxx Amendment, damaged, or delayed freight without limitation and not subject to any lesser “released value” under 49 U.S.C. §14706, the “Xxxxxxx Amendment;” ; and iv. (iii) Special Damages: CARRIER's ’s indemnification liability (Par 1.H) for freight loss and damage claims under this sub par C (ii) shall include legal fees which shall constitute special damages, the risk of which is expressly assumed by CARRIER, and costs incurred which shall not be limited by BROKERany liability of CARRIER under Subp. (ii) above. (iv) Except as provided in Par 1.E above, either in defense or prosecution of the same; and v. Neither neither Party shall be liable to the other for consequential damages without prior written notification of the risk of loss, the loss and its approximate financial amount of such lossamount, and an agreement to assume such responsibility has been made in writing; and. vi. (v) Notwithstanding the terms of 49 CFR 370.9, CARRIER 370.9,CARRIER shall pay, decline or make a settlement offer in writing on all cargo loss or damage claims within sixty (60) 30 days of receipt of the claim. CARRIER’s failure Failure of CARRIER to pay, decline or offer settlement within this 30 day period shall be deemed an admission by CARRIER of full liability for the amount claimed, claimed and a material breach of this Agreement. BROKER shall be authorized to set- off valid, uncontested cargo loss and damage claims against amounts BROKER owes CARRIER pursuant to this Agreement; and. vii. CARRIER shall pay to BROKER the full amount claimed by BROKER or the legal claimant for the kind and quantity of commodities so lost, delayed, damaged or destroyed. Payments by CARRIER to BROKER shall be paid and received for the account of the legal claimant, and shall be made within sixty (60vi) days following CARRIER’s receipt of the claim statement and supporting documentation; and viii. Any exclusion from coverage contained in CARRIER’s Cargo Insurance Policy shall not limit, reduce, or nullify CARRIER’s liability for freight cargo damage, loss, damageor theft from any cause for any one shipment, under Subp. ii above, shall not exceed $ unless CARRIER is notified by BROKER or delayShipper of the increased value days prior to shipment pick up.

LOSS & DAMAGE CLAIMS. i. (i) CARRIER shall process each freight loss and damage claim it receives from a Participating BROKER, or any party entitled to recover against CARRIER for the same, pursuant to comply with 49 C.F.R. §370.1 et seq., . and any amendments theretoand/or any other applicable regulations adopted by the Federal Motor Carrier Safety Administration, U.S. Department of Transportation, or any applicable state regulatory agency, for processing all loss and damage claims and salvage. XXXXXXX 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 conclusively determined to be "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, salvage or attempt to sell or salvage any goods without the BROKER's express written permission; and (ii. CARRIER shall cooperate with BROKER in the investigation of ) CARRIER’s liability for any claim for cargo damage, loss, damage, delay, or destruction; and iii. CARRIER's liability for freight loss or damage theft from any cause shall be for determined under the full actual value of the lostXxxxxxx Amendment, damaged, or delayed freight without limitation and not subject to any lesser “released value” under 49 U.S.C. §1470614706 if applicable; however, liability for exempt commodities and processing cargo loss and damage claims shall be determined by: DRC Trading Practices, or Blue Book Transportation Guidelines, or NAPTWG Best Practices by agreement of the “Xxxxxxx Amendment;” Parties and if no agreement then by one of the above associations’ guidelines named above at the selection of the BROKER. and iv. (iii) Special Damages: CARRIER's ’s indemnification liability (Par 1.H) for freight loss and damage claims under this sub-par C (ii) shall include legal fees which shall constitute special damages, the risk of which is expressly assumed by CARRIER, and costs incurred which shall not be limited by BROKERany liability of CARRIER under Subp. (ii) above. (iv) Except as provided in Par 1.E above, either in defense or prosecution of the same; and v. Neither neither Party shall be liable to the other for consequential damages without prior written notification of the risk of loss, the loss and its approximate financial amount of such lossamount, and an agreement to assume such responsibility has been made in writing; and. vi. (v) Notwithstanding the terms of 49 CFR 370.9, CARRIER shall pay, decline or make a settlement offer in writing on all cargo loss or damage claims within sixty (60) 30 days of receipt of the claim. CARRIER’s failure Failure of CARRIER to pay, decline or offer settlement within this 30 day period shall be deemed an admission by CARRIER of full liability for the amount claimed, claimed and a material breach of this Agreement. BROKER shall be authorized to set- off valid, uncontested cargo loss and damage claims against amounts BROKER owes CARRIER pursuant to this Agreement; and vii. CARRIER shall pay to BROKER the full amount claimed by BROKER or the legal claimant for the kind and quantity of commodities so lost, delayed, damaged or destroyed. Payments by CARRIER to BROKER shall be paid and received for the account of the legal claimant, and shall be made within sixty (60) days following CARRIER’s receipt of the claim statement and supporting documentation; and viii. Any exclusion from coverage contained in CARRIER’s Cargo Insurance Policy shall not limit, reduce, or nullify CARRIER’s liability for freight loss, damage, or delay.

LOSS & DAMAGE CLAIMS. i. (i) CARRIER shall process each freight loss and damage claim it receives from a Participating BROKER, or any party entitled to recover against CARRIER for the same, pursuant to comply with 49 C.F.R. §370.1 et seq., . and any amendments thereto; and/or any other applicable regulations adopted by the Federal Motor Carrier Safety Administration, U.S. Department of Transportation, or any applicable state regulatory agency, for processing all loss and damage claims and salvage and (ii. CARRIER shall cooperate with BROKER in the investigation of ) CARRIER’s liability for any claim for cargo damage, loss, damage, delay, or destruction; and iii. CARRIER's liability for freight loss or damage theft from any cause shall be for determined under the full actual value of the lostXxxxxxx Amendment, damaged, or delayed freight without limitation and not subject to any lesser “released value” under 49 U.S.C. §14706, the “Xxxxxxx Amendment;” ; and iv. (iii) Special Damages: CARRIER's ’s indemnification liability (Par 1.H) for freight loss and damage claims under this sub par C (ii) shall include legal fees which shall constitute special damages, the risk of which is expressly assumed by CARRIER, and costs incurred which shall not be limited by BROKERany liability of CARRIER under Subp. (ii) above. (iv) Except as provided in Par 1.E above, either in defense or prosecution of the same; and v. Neither neither Party shall be liable to the other for consequential damages without prior written notification of the risk of loss, the loss and its approximate financial amount of such lossamount, and an agreement to assume such responsibility has been made in writing; and. vi. (v) Notwithstanding the terms of 49 CFR 370.9, CARRIER shall pay, decline or make a settlement offer in writing on all cargo loss or damage claims within sixty twenty (6020) days of receipt of the claim. CARRIER’s failure Failure of CARRIER to pay, decline or offer settlement within this twenty (20) day period shall be deemed an admission by CARRIER of full liability for the amount claimed, claimed and a material breach of this Agreement. BROKER shall be authorized to set- off valid, uncontested cargo loss and damage claims against amounts BROKER owes CARRIER pursuant to this Agreement; and. vii. CARRIER shall pay to BROKER the full amount claimed by BROKER or the legal claimant for the kind and quantity of commodities so lost, delayed, damaged or destroyed. Payments by CARRIER to BROKER shall be paid and received for the account of the legal claimant, and shall be made within sixty (60vi) days following CARRIER’s receipt of the claim statement and supporting documentation; and viii. Any exclusion from coverage contained in CARRIER’s Cargo Insurance Policy shall not limit, reduce, or nullify CARRIER’s liability for freight cargo damage, loss, damageor theft from any cause for any one shipment, under Subp. (ii) above shall not exceed $100,000 unless CARRIER is notified by BROKER or delayShipper of the increased value three (3)-days prior to shipment pick up.

LOSS & DAMAGE CLAIMS. i. (i) CARRIER shall process each freight loss and damage claim it receives from a Participating BROKER, or any party entitled to recover against CARRIER for the same, pursuant to comply with 49 C.F.R. §370.1 et seq., . and any amendments thereto; and/or any other applicable regulations adopted by the Federal Motor Carrier Safety Administration, U.S. Department of Transportation, or any applicable state regulatory agency, for processing all loss and damage claims and salvage and (ii. CARRIER shall cooperate with BROKER in the investigation of any claim for cargo loss, damage, delay, or destruction; and iii. ) CARRIER's liability for freight loss any cargo damage, loss, or damage theft from any cause shall be for determined under the full actual value of the lostXxxxxxx Amendment, damaged, or delayed freight without limitation and not subject to any lesser “released value” under 49 U.S.C. §14706, the “Xxxxxxx Amendment;” ; and iv. (iii) Special Damages: CARRIER's indemnification liability (Par 1.H) for freight loss and damage claims under this sub-par C (iv) (ii) shall include legal fees which shall constitute special damages, the risk of which is expressly assumed by CARRIER, and costs incurred which shall not be limited by BROKERany liability of CARRIER under Sub. (ii) above. (v) Except as provided in Par 1.E above, either in defense or prosecution of the same; and v. Neither neither Party shall be liable to the other for consequential damages without prior written notification of the risk of loss, the loss and its approximate financial amount of such lossamount, and an agreement to assume such responsibility has been made in writing; and. (vi. ) Notwithstanding the terms of 49 CFR 370.9, CARRIER shall pay, decline or make a settlement offer in writing on all cargo loss or damage claims within sixty 15 (60fifteen) days of receipt of the claim. CARRIER’s failure Failure of CARRIER to pay, decline or offer settlement within this 15 (fifteen) day period shall be deemed an admission by CARRIER of full liability for the amount claimed, claimed and a material breach of this Agreement. (vii) CARRIER's liability for cargo damage, loss, or theft from any cause for any one shipment, under Sub. BROKER ii above shall be authorized to set- off valid, uncontested cargo loss and damage claims against amounts BROKER owes not exceed $ 100,000.00 unless CARRIER pursuant to this Agreement; and vii. CARRIER shall pay to BROKER the full amount claimed is notified by BROKER or the legal claimant for the kind and quantity of commodities so lost, delayed, damaged or destroyed. Payments by CARRIER to BROKER shall be paid and received for the account Shipper of the legal claimant, and shall be made within sixty increased value 1 (60one) days following CARRIER’s receipt of the claim statement and supporting documentation; and viii. Any exclusion from coverage contained in CARRIER’s Cargo Insurance Policy shall not limit, reduce, or nullify CARRIER’s liability for freight loss, damage, or delayday prior to shipment pick up.

LOSS & DAMAGE CLAIMS. i. (i) CARRIER shall process each freight loss and damage claim it receives from a Participating BROKER, or any party entitled to recover against CARRIER for the same, pursuant to comply with 49 C.F.R. §370.1 et seq., . and any amendments theretoand/or any other applicable regulations adopted by the Federal Motor Carrier Safety Administration, U.S. Department of Transportation, or any applicable state regulatory agency, for processing all loss and damage claims and salvage. 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 conclusively determined to be "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, salvage or attempt to sell or salvage any goods without the BROKER's express written permission; and (ii. CARRIER shall cooperate with BROKER in the investigation of ) CARRIER’s liability for any claim for cargo damage, loss, damage, delay, or destruction; and iii. CARRIER's liability for freight loss or damage theft from any cause shall be for determined under the full actual value of the lostXxxxxxx Amendment, damaged, or delayed freight without limitation and not subject to any lesser “released value” under 49 U.S.C. §1470614706 if applicable; however, liability for exempt commodities and processing cargo loss and damage claims shall be determined by: DRC Trading Practices, or Blue Book Transportation Guidelines, or NAPTWG Best Practices by agreement of the “Xxxxxxx Amendment;” Parties and if no agreement then by one of the above associations’ guidelines named above at the selection of the BROKER. and iv. (iii) Special Damages: CARRIER's ’s indemnification liability (Par 1.H) for freight loss and damage claims under this sub-par C (ii) shall include legal fees which shall constitute special damages, the risk of which is expressly assumed by CARRIER, and costs incurred which shall not be limited by BROKERany liability of CARRIER under Subp. (ii) above. (iv) Except as provided in Par 1.E above, either in defense or prosecution of the same; and v. Neither neither Party shall be liable to the other for consequential damages without prior written notification of the risk of loss, the loss and its approximate financial amount of such lossamount, and an agreement to assume such responsibility has been made in writing; and. vi. (v) Notwithstanding the terms of 49 CFR 370.9, CARRIER shall pay, decline or make a settlement offer in writing on all cargo loss or damage claims within sixty (60) 60 days of receipt of the claim. CARRIER’s failure Failure of CARRIER to pay, decline or offer settlement within this 45 day period shall be deemed an admission by CARRIER of full liability for the amount claimed, claimed and a material breach of this Agreement. BROKER shall be authorized to set- off valid, uncontested cargo loss and damage claims against amounts BROKER owes CARRIER pursuant to this Agreement; and vii. CARRIER shall pay to BROKER the full amount claimed by BROKER or the legal claimant for the kind and quantity of commodities so lost, delayed, damaged or destroyed. Payments by CARRIER to BROKER shall be paid and received for the account of the legal claimant, and shall be made within sixty (60) days following CARRIER’s receipt of the claim statement and supporting documentation; and viii. Any exclusion from coverage contained in CARRIER’s Cargo Insurance Policy shall not limit, reduce, or nullify CARRIER’s liability for freight loss, damage, or delay.

LOSS & DAMAGE CLAIMS. i. CARRIER The following are agreed to be conditions precedent to any recovery from Customer for loss/damage to or in connection with the goods. There shall process each freight loss be no right to recover until all amounts due to the Operator have been paid in full. The goods must be carefully inspected by Customer immediately upon completion of terminal services and delivery (prior to the request for the Electronic/Manual Gate Pass Out) from Operator and any loss/damage claim it receives evident at such time must be identified to Operator in writing and with particularity. Unless written notice of loss/damage and the general nature thereof is given in writing to Operator upon completion of terminal services and delivery of the goods from a Participating BROKEROperator, or any party entitled within three (3) days thereafter if the loss/damage is not apparent at such time, delivery of goods from Operator shall be prima facie evidence of the delivery from Operator in good order, count and condition. In the event of goods which have been delayed, lost or otherwise not delivered by Operator as contemplated, Operator must be given written notice of such delay, loss or non-delivery within fifteen (15) days from the date upon which the goods should have been so delivered. Operator shall have a reasonable opportunity to recover against CARRIER for inspect the samegoods, pursuant to 49 C.F.R. §370.1 et seqincluding their packing, packaging, etc., and any amendments thereto; and ii. CARRIER shall cooperate with BROKER in the investigation same condition as upon completion of terminal services and before any claim for cargo lossrepair, damage, delay, alteration or destruction; and iii. CARRIER's Operator will accept no responsibility for concealed damage nor for condition of packages, cases or other container whether or not receipts issued so state. No responsibility shall be accepted beyond what is stated in the interchange report. Interchange report 1 – -VGT Tally Sheet/Vessel Damage Notification Report Interchange report 2 – Electronic/Manual Gate Pass out In any event, Operator shall be forever discharged from liability for freight loss any loss/damage to or damage from any cause shall be for in connection with the full actual value of the lost, damaged, or delayed freight without limitation and not subject to any lesser “released value” under 49 U.S.C. §14706, the “Xxxxxxx Amendment;” and iv. CARRIER's liability for freight loss and damage claims shall include legal fees and costs incurred by BROKER, either goods unless a claim in defense or prosecution of the same; and v. Neither Party shall be liable writing is given to the other for consequential damages without prior written notification of Operator not later than six (6) months after date on which the risk of lossgoods are accepted by the Operator, the approximate financial amount of giving such loss, and an agreement to assume such responsibility has been made in writing; and vi. Notwithstanding the terms of 49 CFR 370.9, CARRIER shall pay, decline or make a settlement offer in writing on all cargo loss or damage claims within sixty (60) days of receipt of the claim. CARRIER’s failure to pay, decline or offer settlement within this period shall be deemed an admission by CARRIER of full liability for the amount claimed, and a material breach of this Agreement. BROKER shall be authorized to set- off valid, uncontested cargo loss and damage claims against amounts BROKER owes CARRIER pursuant to this Agreement; and vii. CARRIER shall pay to BROKER the full amount claimed by BROKER or the legal claimant for the kind and quantity of commodities so lost, delayed, damaged or destroyed. Payments by CARRIER to BROKER shall be paid and received for the account of the legal claimant, and shall be made within sixty (60) days following CARRIER’s receipt particulars of the claim statement as may be reasonably necessary, and supporting documentation; and viii. Any exclusion the action is commenced within twelve months from coverage contained the date aforesaid as provided in CARRIER’s Cargo Insurance Policy shall not limit, reduce, or nullify CARRIER’s liability for freight loss, damage, or delaythe Ports and Shipping Act.

LOSS & DAMAGE CLAIMS. i. (i) CARRIER shall process each freight loss and damage claim it receives from a Participating BROKER, or any party entitled to recover against CARRIER for the same, pursuant to comply with 49 C.F.R. §370.1 et seq., . and any amendments theretoand/or any other applicable regulations adopted by the Federal Motor Carrier Safety Administration, U.S. Department of Transportation, or any applicable state regulatory agency, for processing all loss and damage claims and salvage. 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, salvage or attempt to sell or salvage any goods without the BROKER's express written permission; and (ii. CARRIER shall cooperate with BROKER in the investigation of ) CARRIER’s liability for any claim for cargo damage, loss, damage, delay, or destruction; and iii. CARRIER's liability for freight loss or damage theft from any cause shall be for determined under the full actual value of the lostXxxxxxx Amendment, damaged, or delayed freight without limitation and not subject to any lesser “released value” under 49 U.S.C. §1470614706 if applicable; however, liability for exempt commodities and processing cargo loss and damage claims shall be determined by: DRC Trading Practices, or Blue Book Transportation Guidelines, or NAPTWG Best Practices by agreement of the “Xxxxxxx Amendment;” Parties and if no agreement then by one of the above associations’ guidelines named above at the selection of the BROKER. and iv. (iii) Special Damages: CARRIER's ’s indemnification liability (Par 1.H) for freight loss and damage claims under this sub-par C (ii) shall include legal fees which shall constitute special damages, the risk of which is expressly assumed by CARRIER, and costs incurred which shall not be limited by BROKERany liability of CARRIER under Subp. (ii) above. (iv) Except as provided in Par 1.E above, either in defense or prosecution of the same; and v. Neither neither Party shall be liable to the other for consequential damages without prior written notification of the risk of loss, the loss and its approximate financial amount of such lossamount, and an agreement to assume such responsibility has been made in writing; and. vi. (v) Notwithstanding the terms of 49 CFR 370.9, CARRIER shall pay, decline or make a settlement offer in writing on all cargo loss or damage claims within sixty (60) _____ days of receipt of the claim. CARRIER’s failure Failure of CARRIER to pay, decline or offer settlement within this _____ day period shall be deemed an admission by CARRIER of full liability for the amount claimed, claimed and a material breach of this Agreement. BROKER shall be authorized to set- off valid, uncontested cargo loss and damage claims against amounts BROKER owes CARRIER pursuant to this Agreement; and. vii. CARRIER shall pay to BROKER the full amount claimed by BROKER or the legal claimant for the kind and quantity of commodities so lost, delayed, damaged or destroyed. Payments by CARRIER to BROKER shall be paid and received for the account of the legal claimant, and shall be made within sixty (60vi) days following CARRIER’s receipt of the claim statement and supporting documentation; and viii. Any exclusion from coverage contained in CARRIER’s Cargo Insurance Policy shall not limit, reduce, or nullify CARRIER’s liability for freight cargo damage, loss, damageor theft from any cause for any one shipment, under Subp. ii above shall not exceed $_________________unless CARRIER is notified by BROKER or delayShipper of the increased value _____ days prior to shipment pick up.

LOSS & DAMAGE CLAIMS. i. (i) CARRIER shall process each freight loss and damage claim it receives from a Participating BROKER, or any party entitled to recover against CARRIER for the same, pursuant to comply with 49 C.F.R. §370.1 et seq., . and any amendments thereto; and/or any other applicable regulations adopted by the Federal Motor Carrier Safety Administration, U.S. Department of Transportation, or anyapplicable state regulatory agency, for processing all loss and damage claims and salvage and (ii. CARRIER shall cooperate with BROKER in the investigation of ) CARRIER’s liability for any claim for cargo damage, loss, damage, delay, or destruction; and iii. CARRIER's liability for freight loss or damage theft from any cause shall be for the full actual value of the lostdetermined under theCarmack Amendment, damaged, or delayed freight without limitation and not subject to any lesser “released value” under 49 U.S.C. 00 X.X.X. §14706, the “Xxxxxxx Amendment;” 00000; and iv. (iii) Special Damages: CARRIER's ’s indemnification liability (Par 1.H) for freight loss and damage claims under thissub par C (ii) shall include legal fees which shall constitute special damages, the risk of which is expressly assumed by CARRIER, and costs incurred which shall not be limited by BROKERany liability of CARRIER under Subp. (ii) above. (iv) Except as provided in Par 1.E above, either in defense or prosecution of the same; and v. Neither neither Party shall be liable to the other for consequential damages without prior written notification of the risk of loss, the loss and its approximate financial amount of such lossamount, and an agreement to assume such responsibility has been made suchresponsibility in writing; and. vi. (v) Notwithstanding the terms of 49 CFR 370.9, CARRIER shall pay, decline or make a settlement offer in writing on writingon all cargo loss or damage claims within sixty (60) _90_ days of receipt of the claim. CARRIER’s failure Failure of CARRIER to pay, decline or offer settlement within this _90_ day period shall be deemed an admission by CARRIER of full liability for the amount claimed, and a claimed anda material breach of this Agreement. BROKER shall be authorized to set- off valid, uncontested cargo loss and damage claims against amounts BROKER owes CARRIER pursuant to this Agreement; and. vii. CARRIER shall pay to BROKER the full amount claimed by BROKER or the legal claimant for the kind and quantity of commodities so lost, delayed, damaged or destroyed. Payments by CARRIER to BROKER shall be paid and received for the account of the legal claimant, and shall be made within sixty (60vi) days following CARRIER’s receipt of the claim statement and supporting documentation; and viii. Any exclusion from coverage contained in CARRIER’s Cargo Insurance Policy shall not limit, reduce, or nullify CARRIER’s liability for freight cargo damage, loss, or theft from any cause for any one shipment, under Subp. iiabove shall not exceed $100,000.00_ unless CARRIER is notified by BROKER or Shipper of the increased value prior toshipment pick up, and or value contained in BROKER’S Load Confirmation Sheet(s). (vii) Claims may be filed by BROKER or Shipper with CARRIER; and (viii) BROKER’S customer is third party beneficiary of this Agreement. (ix) CARRIER agrees to the following terms and conditions when transporting refrigerated commodities, human and animal foods and other shipments which may be subject to adulteration in transit. CARRIER warrants that it is in compliance with and will abide by the requirements and delegable duties set forth in the Food Safety Modernization Act including but not limited to: 1. The design and maintenance of transportation equipment necessary to ensure that food does not become unsafe. 2. Transportation operations – the maintenance of adequate temperature control, the separation of product to prevent contamination, etc. 3. The proper training of all Provider personnel in sanitary transportation practices and the documentation of such training. 4. The maintenance of written records and procedures and retention of records as required by the FSMA rules. Furthermore, CARRIER agrees to comply with all delegable duties permitted under the Act as well as shipper or carrier requirements as set forth by the shipper or broker in writing as part of the load confirmation process or as set forth on the xxxx of lading at time of pickup. CARRIER further agrees to ensure its trailer equipment is inspected and certified by the shipper as fit to load at point of origin, shall properly pulp shipments if required to do so, shall maintain seal integrity during transit, and evidence of temperature in transit. In the event of a rejected delivery, CARRIER shall immediately contact BROKER, shall note the extent of any damage, or delayand shall thereafter maintain temperature awaiting broker’s direction for redelivery, inspection and salvage. To the extent that CARRIER fails to comply with its duties under the Act, CARRIER agrees to indemnify, defend and hold harmless BROKER as set forth in Paragraph 11 of the Agreement.

LOSS & DAMAGE CLAIMS. i. CARRIER shall process each freight loss and damage claim it receives from issue a Participating BROKER, or any party entitled to recover against CARRIER for the same, pursuant to xxxx of lading in compliance with 49 C.F.R. §370.1 U.S.C. § 80101 et seq., 49C.F.R. § 373.101 (and any amendments thereto; and), for the property it receives for transportation under this Agreement. Unless otherwise agreed in writing, CARRIER shall become fully responsible/liable for the freight when it takes/receives possession thereof, and the trailer(s) is loaded, regardless of whether a xxxx of lading has been issued, and/or signed, and/or delivered to CARRIER, and which responsibility/liability shall continue until delivery of the shipment to the consignee and the consignee signs the xxxx of lading or delivery receipt. Additionally: i. Any terms of the xxxx of lading (including but not limited to payment terms) inconsistent with the terms of this Agreement shall be controlled by the terms of this Agreement. CARRIER’s failure to issue a xxxx of lading, or sign a xxxx of lading acknowledging receipt of the cargo shall not affect liability of CARRIER. Under no circumstances shall CARRIER execute any xxxx of lading or any other document which represents or holds out BROKER as the person responsible for the delivery of any freight. ii. CARRIER shall cooperate with BROKER in the investigation of any claim for cargo loss, damage, delayIf a consignee refuses a shipment, or destruction; andCARRIER is unable to deliver it for any reason, CARRIER’s liability as a warehouseman shall not begin until CARRIER has provided 24 hour prior written notification of request for directions, and if no other directions are received, either has placed the shipment in a BROKER approved public warehouse, or in CARRIER’s terminal or storagefacility under reasonablesecurity. iii. CARRIER's liability for freight loss or damage from CARRIER shall comply with 49 C.F.R. § 370.1 et seq. and any cause shall be for amendments and/or any other applicable regulations adopted by the full actual value Federal Motor Carrier Safety Administration, U.S. Department of the lost, damagedTransportation, or delayed freight without limitation and not subject to any lesser “released value” under 49 U.S.C. §14706applicable state regulatory agency, the “Xxxxxxx Amendment;” and iv. CARRIER's liability for freight processing all loss and damage claims shall include legal fees and costs incurred by BROKERsalvage. In the event goods are compromised or otherwise damaged, either BROKER or its CUSTOMER, in defense or prosecution its sole discretion, may determine whetherthe goods may be salvaged, and if salvageable, the value of the same; salvageable goods Provided BROKER has received written notice prior ㎓o pick‐upof freight, in the event that branded or labeled goods are damaged, BROKER or BROKER’s CUSTOMER may determine, in its sole discretion, whether or not the goods may be salvaged, and, if salvageable, the value of such salvage. iv. Except as otherwise provided in this Agreement, all liability standards, time limitations and burdens of proof regardless of whether the CARRIER has common or contract authority shall be governed by the common law applicable to common carriers and by 49 U.S.C. § 14706 (the Xxxxxxx Amendment). v. Neither Party shall be liable to the other for consequential damages without prior written notification of the risk of loss, the approximate financial amount of such loss, and an agreement to assume such responsibility has been made in writing; and vi. Notwithstanding the terms of 49 CFR C.F.R. § 370.9, CARRIER shall pay, decline or make a settlement offer in writing on all cargo loss or damage claims within sixty (60) 30 days of from the receipt of the claim. CARRIER’s failure Failure of CARRIER to pay, decline or offer settlement within this 30 day period shall be deemed an admission by CARRIER of full liability for the amount claimed, claimed and a material breach of this Agreement. Notwithstanding any other provision in this section, BROKER shall be authorized reserves the right to set- off valid, uncontested cargo loss and damage claims against amounts BROKER owes CARRIER pursuant to this Agreement; and vii. CARRIER shall pay to BROKER the full amount claimed by BROKER or the legal claimant for the kind and quantity of commodities so lost, delayed, damaged or destroyed. Payments by CARRIER to BROKER shall be paid and received for the account of the legal claimant, and shall be made within sixty (60offset any claim(s) days following CARRIER’s receipt of the claim statement and supporting documentation; and viii. Any exclusion from coverage contained in CARRIER’s Cargo Insurance Policy shall not limit, reduce, or nullify CARRIER’s liability for freight loss, damage, or delaywith pending invoices.

LOSS & DAMAGE CLAIMS. i. (i) CARRIER shall process each freight loss and damage claim it receives from a Participating BROKER, or any party entitled to recover against CARRIER for the same, pursuant to comply with 49 C.F.R. §370.1 et seq., . and any amendments thereto; and/or any other applicable regulations adopted by the Federal Motor Carrier Safety Administration, U.S. Department of Transportation, or any applicable state regulatory agency, for processing all loss and damage claims and salvage and (ii. CARRIER shall cooperate with BROKER in the investigation of ) CARRIER’s liability for any claim for cargo damage, loss, damage, delay, or destruction; and iii. CARRIER's liability for freight loss or damage theft from any cause shall be for determined under the full actual value of the lostXxxxxxx Amendment, damaged, or delayed freight without limitation and not subject to any lesser “released value” under 49 U.S.C. §14706, the “Xxxxxxx Amendment;” ; and iv. (iii) Special Damages: CARRIER's ’s indemnification liability (Par 1.H) for freight loss and damage claims under this sub par C (ii) shall include legal fees which shall constitute special damages, the risk of which is expressly assumed by CARRIER, and costs incurred which shall not be limited by BROKERany liability of CARRIER under Subp. (ii) above. (iv) Except as provided in Par 1.E above, either in defense or prosecution of the same; and v. Neither neither Party shall be liable to the other for consequential damages without prior written notification of the risk of loss, the loss and its approximate financial amount of such lossamount, and an agreement to assume such responsibility has been made in writing; and. vi. (v) Notwithstanding the terms of 49 CFR 370.9, CARRIER 370.9,CARRIER shall pay, decline or make a settlement offer in writing on all cargo loss or damage claims within sixty (60) 90 days of receipt of the claim. CARRIER’s failure Failure of CARRIER to pay, decline or offer settlement within this 90 day period shall be deemed an admission by CARRIER of full liability for the amount claimed, claimed and a material breach of this Agreement. BROKER shall be authorized to set- off valid, uncontested cargo loss and damage claims against amounts BROKER owes CARRIER pursuant to this Agreement; and. vii. CARRIER shall pay to BROKER the full amount claimed by BROKER or the legal claimant for the kind and quantity of commodities so lost, delayed, damaged or destroyed. Payments by CARRIER to BROKER shall be paid and received for the account of the legal claimant, and shall be made within sixty (60vi) days following CARRIER’s receipt of the claim statement and supporting documentation; and viii. Any exclusion from coverage contained in CARRIER’s Cargo Insurance Policy shall not limit, reduce, or nullify CARRIER’s liability for freight cargo damage, loss, damageor theft from any cause for any one shipment, under Subp. ii above, shall not exceed $250,000 unless CARRIER is notified by BROKER or delayShipper of the increased value 1 day prior to shipment pick up.

LOSS & DAMAGE CLAIMS. i. (i) CARRIER shall process each freight loss and damage claim it receives from a Participating BROKER, or any party entitled to recover against CARRIER for the same, pursuant to comply with 49 C.F.R. §370.1 et seq., . and any amendments thereto; and/or any other applicable regulations adopted by the Federal Motor Carrier Safety Administration, U.S. Department of Transportation, or any applicable state regulatory agency, for processing all loss and damage claims and salvage and (ii. CARRIER shall cooperate with BROKER in the investigation of ) CARRIER’s liability for any claim for cargo damage, loss, damage, delay, or destruction; and iii. CARRIER's liability for freight loss or damage theft from any cause shall be for determined under the full actual value of the lostXxxxxxx Amendment, damaged, or delayed freight without limitation and not subject to any lesser “released value” under 49 U.S.C. §14706, the “Xxxxxxx Amendment;” ; and iv. (iii) Special Damages: CARRIER's ’s indemnification liability (Par 1.H) for freight loss and damage claims under this sub par C (ii) shall include legal fees which shall constitute special damages, the risk of which is expressly assumed by CARRIER, and costs incurred which shall not be limited by BROKERany liability of CARRIER under Subp. (ii) above. (iv) Except as provided in Par 1.E above, either in defense or prosecution of the same; and v. Neither neither Party shall be liable to the other for consequential damages without prior written notification of the risk of loss, the loss and its approximate financial amount of such lossamount, and an agreement to assume such responsibility has been made in writing; and. vi. (v) Notwithstanding the terms of 49 CFR 370.9, CARRIER 370.9,CARRIER shall pay, decline or make a settlement offer in writing on all cargo loss or damage claims within sixty (60) days of receipt of the claim. CARRIER’s failure Failure of CARRIER to pay, decline or offer settlement within this sixty (60) day period shall be deemed an admission by CARRIER of full liability for the amount claimed, claimed and a material breach of this Agreement. BROKER shall be authorized to set- off valid, uncontested cargo loss and damage claims against amounts BROKER owes CARRIER pursuant to this Agreement; and. vii. CARRIER shall pay to BROKER the full amount claimed by BROKER or the legal claimant for the kind and quantity of commodities so lost, delayed, damaged or destroyed. Payments by CARRIER to BROKER shall be paid and received for the account of the legal claimant, and shall be made within sixty (60vi) days following CARRIER’s receipt of the claim statement and supporting documentation; and viii. Any exclusion from coverage contained in CARRIER’s Cargo Insurance Policy shall not limit, reduce, or nullify CARRIER’s liability for freight cargo damage, loss, damageor theft from any cause for any one shipment, under Subp. ii above shall not exceed $100,000 unless CARRIER is notified by BROKER or delayShipper of the increased value at least one (1) hour prior to shipment pick up.

LOSS & DAMAGE CLAIMS. i. i) Except as detailed herein, CARRIER shall process each freight loss loss, damage and damage delay claim it receives from a Participating BROKER, or any party entitled to recover against CARRIER for the same, pursuant to 49 C.F.R. §370.1 et seq., and any amendments thereto; and ii. ) The Parties hereby agree that such minimum filing requirements of 49 C.F.R. Part 370 may be satisfied using electronic communications; and iii) CARRIER shall cooperate with BROKER in the investigation of any claim for cargo loss, damage, delay, or destruction; and iii. iv) CARRIER's liability for freight loss or damage from any cause shall be for the full actual value of the lost, damaged, or delayed freight without limitation and not subject to any lesser “released value” under 49 U.S.C. §14706, the “Xxxxxxx Amendment. CARRIER’s liability for exempt commodities and the processing of such cargo loss, damage, or delay claims shall be determined by DRC Trading Practices, or Blue Book Transportation Guidelines, or NAPTWG Best Practices at the sole and absolute discretion of BROKER;” and iv. v) CARRIER's liability for freight loss and damage claims shall include legal fees and costs incurred by BROKER, either in defense or prosecution of the same; and v. vi) Neither Party shall be liable to the other for consequential damages without prior written notification of the risk of loss, the approximate financial amount of such loss, and an agreement to assume such responsibility has been made in writing; and vi. vii) Notwithstanding the terms of 49 CFR 370.9, CARRIER shall pay, decline or make a settlement offer in writing on all cargo loss or damage claims within sixty (60) days of receipt of the claim. CARRIER’s failure to pay, decline or offer settlement within this period shall be deemed an admission by CARRIER of full liability for the amount claimed, and a material breach of this Agreement; and viii) BROKER is hereby authorized to withhold any and all sums due CARRIER to sufficiently cover a potential claim or other charge imposed herein or by its Customer. Such other charges, include, but are not limited to, any and all additional transportation costs incurred by BROKER if CARRIER fails to deliver any Customer’s freight in accordance with the terms agreed to by the Parties. CARRIER shall pay to BROKER within the time period provided in this Section 3(c), and/or BROKER shall be authorized entitled to set- off valid, uncontested cargo loss and damage claims against amounts deduct from the amount BROKER owes CARRIER pursuant to this AgreementCARRIER, BROKER’s and/or its Customer’s full actual loss for the kind and quantity of commodities so lost, delayed, damaged, or destroyed; and vii. ix) CARRIER shall pay to BROKER the full amount claimed by BROKER or the legal claimant for the kind and quantity of commodities so lost, delayed, damaged damaged, or destroyed. Payments by CARRIER to BROKER shall be paid and received for the account of the legal claimant, and shall be made within sixty (60) days following CARRIER’s receipt of the claim statement and supporting documentation; and viii. x) Any exclusion from coverage contained in CARRIER’s Cargo Insurance Policy shall not limit, reduce, or nullify CARRIER’s liability for freight loss, damage, or delay; and xi) CARRIER agrees that food that has been transported or offered for transport under conditions that are not in compliance with the Customer’s or BROKER'S instructions, as provided to CARRIER by Customer or BROKER, will be considered "adulterated" within the meaning of the Food Safety Laws, and their implementing regulations. Food considered to be “adulterated” in accordance with the preceding provision shall be considered having incurred direct damage hereunder and shall subject to the provisions regarding CARRIER’s liability for cargo loss, damage, delay, and destruction contained herein. 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 for loss, damage, delay, or destruction to such freight; and xii) If BROKER or Customer instructions require a cargo seal, then any seal irregularities or the absence of a seal shall be sufficient to deem the Shipment a total loss. XXXXXXX agrees that when transporting food for human consumption, late delivery, i.e. delivery after the deadline indicated on the transportation documents, alone shall be sufficient to reject a Shipment and consider the Shipment a total loss; and xiii) In the event of a cargo, freight, or property loss, damage or delay claim as provided in this Section 3(c), CARRIER shall have no right of salvage or disposal and shall not under any circumstance allow a Customer’s goods to be sold or made available for sale or otherwise disposed of in any salvage or secondary market without BROKER and BROKER’s Customer’s written authorization. Failure of Customer to seek salvage, in its sole discretion, shall not minimize CARRIER’s liability in accordance with Sections 3(c) and 3(h), or allow the CARRIER or its insurer to reduce its liability for the full value of the loss sustained by BROKER or its Customer. Neither CARRIER nor its insurer shall be entitled to receive the benefit of any shipper’s, receiver’s, or Customer’s insurance; and xiv) CARRIER acknowledges and agrees that CARRIER is deemed to have sole and exclusive care, custody, and control of the Customer’s property, and that the provisions of this Section 3(c) shall apply to CARRIER regardless of whether another carrier ultimately handles the freight, as a result of CARRIER’s breach of Section 1(b), and causes any loss, damage, or delay.

LOSS & DAMAGE CLAIMS. i. (i) CARRIER shall process each freight loss and damage claim it receives from a Participating BROKER, or any party entitled to recover against CARRIER for the same, pursuant to comply with 49 C.F.R. §370.1 et seq., . and any amendments thereto; and/or any other applicable regulations adopted by the Federal Motor Carrier Safety Administration, U.S. Department of Transportation, or any applicable state regulatory agency, for processing all loss and damage and salvage and (ii. CARRIER shall cooperate with BROKER in the investigation of ) CARRIER's Liability for any claim for cargo loss, damage, delay, or destruction; and iii. CARRIER's liability for freight loss or damage from theft form any cause shall be for determined under the full actual value of the lostXxxxxxx Amendment, damaged, or delayed freight without limitation and not subject to any lesser “released value” under 49 U.S.C. §14706, the “Xxxxxxx Amendment;” ; and iv. (iii) Special Damages: CARRIER's indemnification liability (Par 1.H) for freight loss and damage claims under this sub par C (ii) shall include legal fees which shall constitute special damages, the risk of which is expressly assumed by Carrier, and costs incurred which shall not be limited by BROKERany liability of CARRIER under Subp. (ii) above. (iv) Except as provided in Par 1.E. above, either in defense or prosecution of the same; and v. Neither neither Party shall Shall be liable to the other for consequential damages without prior written notification of the risk of loss, the loss and its approximate financial amount of such lossamount, and an agreement to assume such responsibility has been made in writing; and. vi. (v) Notwithstanding the terms of 49 CFR 370.9, CARRIER shall pay, decline or make a offer settlement offer in writing on all cargo loss or damage claims within sixty (60) _30 days of receipt of the claim. CARRIER’s failure Failure of damage claims within _30 days of receipt of the claims. Failure of carrier to pay, decline or offer settlement within this 30_ day period shall be deemed an admission by CARRIER of full liability for the amount claimed, claimed and a material breach breech of this Agreementagreement. (vi) CARRIER's liability for cargo damage, loss, or theft from any cause for any one shipment, under Subp. BROKER ii above, shall be authorized to set- off valid, uncontested cargo loss and damage claims against amounts BROKER owes not exceed $_100,000 unless CARRIER pursuant to this Agreement; and vii. CARRIER shall pay to BROKER the full amount claimed is notified by BROKER or the legal claimant for the kind and quantity of commodities so lost, delayed, damaged or destroyed. Payments by CARRIER to BROKER shall be paid and received for the account Shipper of the legal claimant, and shall be made within sixty (60) increased value 2 days following CARRIER’s receipt of the claim statement and supporting documentation; and viii. Any exclusion from coverage contained in CARRIER’s Cargo Insurance Policy shall not limit, reduce, or nullify CARRIER’s liability for freight loss, damage, or delayprior to shipment pick up.

LOSS & DAMAGE CLAIMS. i. (i) CARRIER shall process each freight loss and damage claim it receives from a Participating BROKER, or any party entitled to recover against CARRIER for the same, pursuant to comply with 49 C.F.R. §370.1 et seq., . and any amendments thereto; and/or any other applicable regulations adopted by the Federal Motor Carrier Safety Administration, U.S. Department of Transportation, or any applicable state regulatory agency, for processing all loss and damage claims and salvage and (ii. CARRIER shall cooperate with BROKER in the investigation of ) CARRIER’s liability for any claim for cargo damage, loss, damage, delay, or destruction; and iii. CARRIER's liability for freight loss or damage theft from any cause shall be for determined under the full actual value of the lostXxxxxxx Amendment, damaged, or delayed freight without limitation and not subject to any lesser “released value” under 49 U.S.C. §14706, the “Xxxxxxx Amendment;” ; and iv. (iii) Special Damages: CARRIER's ’s indemnification liability (Par 1.H) for freight loss and damage claims under this sub par C (ii) shall include legal fees which shall constitute special damages, the risk of which is expressly assumed by CARRIER, and costs incurred which shall not be limited by BROKERany liability of CARRIER under Subp. (ii) above. (iv) Except as provided in Par 1.E above, either in defense or prosecution of the same; and v. Neither neither Party shall be liable to the other for consequential damages without prior written notification of the risk of loss, the loss and its approximate financial amount of such lossamount, and an agreement to assume such responsibility has been made in writing; and. vi. (v) Notwithstanding the terms of 49 CFR 370.9, CARRIER 370.9,CARRIER shall pay, decline or make a settlement offer in writing on all cargo loss or damage claims within sixty (60) 90 days of receipt of the claim. CARRIER’s failure Failure of CARRIER to pay, decline or offer settlement within this 90 day period shall be deemed an admission by CARRIER of full liability for the amount claimed, claimed and a material breach of this Agreement. BROKER shall be authorized to set- off valid, uncontested cargo loss and damage claims against amounts BROKER owes CARRIER pursuant to this Agreement; and. vii. CARRIER shall pay to BROKER the full amount claimed by BROKER or the legal claimant for the kind and quantity of commodities so lost, delayed, damaged or destroyed. Payments by CARRIER to BROKER shall be paid and received for the account of the legal claimant, and shall be made within sixty (60vi) days following CARRIER’s receipt of the claim statement and supporting documentation; and viii. Any exclusion from coverage contained in CARRIER’s Cargo Insurance Policy shall not limit, reduce, or nullify CARRIER’s liability for freight cargo damage, loss, damageor theft from any cause for any one shipment, under Subp. ii above shall not exceed $2 per pound unless CARRIER is notified by DYNAMIC or delayShipper of the increased value prior to shipment pick up.

LOSS & DAMAGE CLAIMS. i. CARRIER shall process each freight loss and damage claim it receives from a Participating BROKER, or any party entitled to recover against CARRIER for the same, pursuant to 49 C.F.R. §370.1 et seq., and any amendments thereto; and ii. CARRIER shall cooperate with BROKER in the investigation of any claim for cargo loss, damage, delay, or destruction; and iii. CARRIER's liability for freight loss or damage from any cause shall be for the full actual value of the lost, damaged, or delayed freight without limitation and not subject to any lesser “released value” under 49 U.S.C. §14706, the “Xxxxxxx Amendment;” and iv. CARRIER's liability for freight loss and damage claims shall include legal fees and costs incurred by BROKER, either in defense or prosecution of the same; and v. Neither Party shall be liable to the other for consequential damages without prior written notification of the risk of loss, the approximate financial amount of such loss, and an agreement to assume such responsibility has been made in writing; and vi. Notwithstanding the terms of 49 CFR 370.9, CARRIER shall pay, decline or make a settlement offer in writing on all cargo loss or damage claims within sixty (60) days of receipt of the claim. CARRIER’s failure to pay, decline or offer settlement within this period shall be deemed an admission by CARRIER of full liability for the amount claimed, and a material breach of this Agreement. BROKER shall be authorized to set- off valid, uncontested cargo loss and damage claims against amounts BROKER owes CARRIER pursuant to this Agreement; and vii. CARRIER shall pay to BROKER the full amount claimed by BROKER or the legal claimant for the kind and quantity of commodities so lost, delayed, damaged damaged, or destroyed. Payments by CARRIER to BROKER shall be paid and received for the account of the legal claimant, and shall be made within sixty (60) days following CARRIER’s receipt of the claim statement and supporting documentation; and viii. Any exclusion from coverage contained in CARRIER’s Cargo Insurance Policy shall not limit, reduce, or nullify CARRIER’s liability for freight loss, damage, or delay.

LOSS & DAMAGE CLAIMS. i. (i) CARRIER shall process each freight loss and damage claim it receives from a Participating BROKER, or any party entitled to recover against CARRIER for the same, pursuant to comply with 49 C.F.R. §370.1 et seq., . and any amendments theretoand/or any other applicable regulations adopted by the Federal Motor Carrier Safety Administration, U.S. Department of Transportation, or any applicable state regulatory agency, for processing all loss and damage claims and salvage. XXXXXXX 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 conclusively determined to be "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 the destination without diminishing or affecting CARRIER'S liability in the event of a cargo claim. CARRIER shall not sell, salvage, or attempt to sell or salvage any goods without the BROKER's express written permission, salvage ability will be limited based on underlying BROKER agreement with Shipper/Customer.; and (ii. CARRIER shall cooperate with BROKER in the investigation of ) CARRIER’s liability for any claim for cargo damage, loss, damage, delay, or destruction; and iii. CARRIER's liability for freight loss or damage theft from any cause shall be for determined under the full actual value of the lostXxxxxxx Amendment, damaged, or delayed freight without limitation and not subject to any lesser “released value” under 49 U.S.C. §1470614706 if applicable; however, liability for exempt commodities and processing cargo loss and damage claims shall be determined by DRC Trading Practices, or Blue Book Transportation Guidelines, or NAPTWG Best Practices by agreement of the “Xxxxxxx Amendment;” Parties and if no agreement then by one of the above associations’ guidelines named above at the selection of the BROKER. and iv. (iii) Special Damages: CARRIER's ’s indemnification liability (Par 1.H) for freight loss and damage claims under this sub-par C (ii) shall include legal fees which shall constitute special damages, the risk of which is expressly assumed by CARRIER, and costs incurred which shall not be limited by BROKERany liability of CARRIER under Subp. (ii) above. (iv) Except as provided in Par 1.E above, either in defense or prosecution of the same; and v. Neither neither Party shall be liable to the other for consequential damages without prior written notification of the risk of loss, the loss and its approximate financial amount of such lossamount, and an agreement agree to assume such responsibility has been made in writing; and. vi. (v) Notwithstanding the terms of 49 CFR 370.9, CARRIER shall pay, decline decline, or make a settlement offer in writing on all cargo loss or damage claims within sixty (60) 60 days of receipt of the claim. CARRIER’s failure Failure of CARRIER to pay, decline or offer settlement within this 30 day period shall be deemed an admission by CARRIER of full liability for the amount claimed, claimed and a material breach of this Agreement. BROKER shall be authorized to set- off valid, uncontested cargo loss and damage claims against amounts BROKER owes CARRIER pursuant to this Agreement; and vii. CARRIER shall pay to BROKER the full amount claimed by BROKER or the legal claimant for the kind and quantity of commodities so lost, delayed, damaged or destroyed. Payments by CARRIER to BROKER shall be paid and received for the account of the legal claimant, and shall be made within sixty (60) days following CARRIER’s receipt of the claim statement and supporting documentation; and viii. Any exclusion from coverage contained in CARRIER’s Cargo Insurance Policy shall not limit, reduce, or nullify CARRIER’s liability for freight loss, damage, or delay.

LOSS & DAMAGE CLAIMS. i. (i) CARRIER shall process each freight loss and damage claim it receives from a Participating BROKER, or any party entitled to recover against CARRIER for the same, pursuant to comply with 49 C.F.R. §370.1 et seq., . and any amendments thereto; and/or any other applicable regulations adopted by the Federal Motor Carrier Safety Administration, U.S. Department of Transportation, or any applicable state regulatory agency, for processing all loss and damage claims and salvage and (ii. CARRIER shall cooperate with BROKER in the investigation of ) CARRIER’s liability for any claim for cargo damage, loss, damage, delay, or destruction; and iii. CARRIER's liability for freight loss or damage theft from any cause shall be for determined under the full actual value of the lostXxxxxxx Amendment, damaged, or delayed freight without limitation and not subject to any lesser “released value” under 49 U.S.C. §14706, the “Xxxxxxx Amendment;” ; and iv. (iii) Special Damages: CARRIER's ’s indemnification liability (Par 1.H) for freight loss and damage claims under this sub par C (ii) shall include legal fees which shall constitute special damages, the risk of which is expressly assumed by CARRIER, and costs incurred which shall not be limited by BROKERany liability of CARRIER under Subp. (ii) above. (iv) Except as provided in Par 1.E above, either in defense or prosecution of the same; and v. Neither neither Party shall be liable to the other for consequential damages without prior written notification of the risk of loss, the loss and its approximate financial amount of such lossamount, and an agreement to assume such responsibility has been made in writing; and. vi. (v) Notwithstanding the terms of 49 CFR 370.9, CARRIER 370.9,CARRIER shall pay, decline or make a settlement offer in writing on all cargo loss or damage claims within sixty (60) _ days of receipt of the claim. CARRIER’s failure Failure of CARRIER to pay, decline or offer settlement within this _ day period shall be deemed an admission by CARRIER of full liability for the amount claimed, claimed and a material breach of this Agreement. BROKER shall be authorized to set- off valid, uncontested cargo loss and damage claims against amounts BROKER owes CARRIER pursuant to this Agreement; and. vii. CARRIER shall pay to BROKER the full amount claimed by BROKER or the legal claimant for the kind and quantity of commodities so lost, delayed, damaged or destroyed. Payments by CARRIER to BROKER shall be paid and received for the account of the legal claimant, and shall be made within sixty (60vi) days following CARRIER’s receipt of the claim statement and supporting documentation; and viii. Any exclusion from coverage contained in CARRIER’s Cargo Insurance Policy shall not limit, reduce, or nullify CARRIER’s liability for freight cargo damage, loss, damageor theft from any cause for any one shipment, under Subp. iiabove shall not exceed $ unless CARRIER is notified by BROKER or delay.Shipper of the increased value

LOSS & DAMAGE CLAIMS. i. CARRIER shall process each freight loss and damage claim it receives from a Participating BROKERagrees that food that has been transported or offered for transport under conditions that are not in compliance with the applicable laws, regulations, industry best practices, or Shipper’s, BROKER’s, BROKER’s customer’s or any party entitled other person’s instructions, as provided to recover against CARRIER for by such person, will be considered "unsalvageable". CARRIER understands and agrees that such shipments may be refused by the sameconsignee or receiver, pursuant to 49 C.F.R. §370.1 et seq., and any amendments thereto; and iiat destination without diminishing or affecting CARRIER’S liability in the event of a cargo claim. CARRIER shall cooperate with BROKER in not sell, salvage or attempt to sell or salvage any goods without the investigation of BROKER’s express written permission; and CARRIER’s liability for any claim for cargo damage, loss, damage, delay, or destruction; and iii. CARRIER's liability for freight loss or damage theft from any cause shall be for limited, in the full actual absence of any declared value on the xxxx of lading, to $ 4.41 per kilogram according to the total weight of the lostshipment. Except as provided in Par 1. E above, damaged, or delayed freight without limitation and not subject to any lesser “released value” under 49 U.S.C. §14706, the “Xxxxxxx Amendment;” and iv. CARRIER's liability for freight loss and damage claims shall include legal fees and costs incurred by BROKER, either in defense or prosecution of the same; and v. Neither neither Party shall be liable to the other for consequential damages without prior written notification of the risk of loss, the loss and its approximate financial amount of such lossamount, and an agreement to assume such responsibility has been made in writing; and vi. Notwithstanding the terms of 49 CFR 370.9, CARRIER shall payconfirm in writing to BROKER in the event it pays, decline declines or make a makes settlement offer in writing on all cargo loss or damage claims claim within sixty (60) 30 days of receipt of the claima written notice of claim by BROKER or BROKER’s customer. CARRIER’s failure Failure of CARRIER to pay, decline or offer settlement settlements within this 30-day period shall be deemed an admission by CARRIER of full liability for the amount claimed, claimed and a material breach of this Agreement. It is mutually agreed between the Parties the maximum amount for which CARRIER could be held liable in case of loss or damage, is limited to $ 100,000.00 per trailer, unless a superior value is declared on the xxxx of lading. INSURANCE: CARRIER shall furnish BROKER with certificate(s) of insurance, or insurance policies, and unless otherwise agreed, subject to the following minimum limits: General liability $1,000,000.00; motor vehicle (including hired and non-owned vehicles) $1,000,000.00, ($5,000,000 if transporting Hazardous Materials including environmental damages due to release or discharge of hazardous substances); cargo damage/loss, $100,000.00. Nothing in this Agreement shall be authorized construed to set- off valid, uncontested cargo loss and damage claims against amounts BROKER owes CARRIER pursuant to this Agreement; and vii. CARRIER shall pay to BROKER the full amount claimed by BROKER avoid or the legal claimant for the kind and quantity of commodities so lost, delayed, damaged or destroyed. Payments by CARRIER to BROKER shall be paid and received for the account of the legal claimant, and shall be made within sixty (60) days following CARRIER’s receipt of the claim statement and supporting documentation; and viii. Any exclusion from coverage contained in CARRIER’s Cargo Insurance Policy shall not limit, reduce, or nullify limit CARRIER’s liability for freight lossdue to any exclusion or deductible in any insurance policy. [NTD: amounts to be confirmed by the insurer of the client.] CARRIER will notify BROKER immediately if any insurance required hereunder is threatened to be or is terminated, damagecancelled, suspended, or delayrevoked for any reason. This provision shall not be interpreted as advices by BROKER to CARRIER on appropriate or required insurance coverage for shipments.

LOSS & DAMAGE CLAIMS. i. (i) CARRIER shall process each freight loss and damage claim it receives from a Participating BROKER, or any party entitled to recover against CARRIER for the same, pursuant to comply with 49 C.F.R. §370.1 et seq., . and any amendments thereto; and ii. CARRIER shall cooperate with BROKER in and/or any other applicable regulations adopted by the investigation Federal Motor Carrier Safety Administration, U.S. Department of any claim for cargo loss, damage, delayTransportation, or destruction; and iii. CARRIER's liability any applicable state regulatory agency, for freight loss or damage from any cause shall be for the full actual value of the lost, damaged, or delayed freight without limitation and not subject to any lesser “released value” under 49 U.S.C. §14706, the “Xxxxxxx Amendment;” and iv. CARRIER's liability for freight processing all loss and damage claims shall include legal fees and costs incurred salvage. XXXXXXX 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, either in defense or prosecution will be conclusively determined to be "adulterated" within the meaning of the same; andFederal 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 the destination without diminishing or affecting CARRIER'S liability in the event of a cargo claim. v. Neither Party shall be liable to (ii) CARRIER waives any Applicable Law regarding the other for consequential damages without prior written notification processing of the risk claims and handling of losssalvage, including but not limited to, the approximate financial amount of such loss, and an agreement to assume such responsibility has been made in writing; and vi. Notwithstanding the terms provisions of 49 CFR 370.9, CARRIER shall pay, decline or make a settlement offer in writing on all cargo loss or damage claims within sixty (60) days of receipt of the claim. CARRIER’s failure to pay, decline or offer settlement within this period shall be deemed an admission by CARRIER of full liability for the amount claimed, and a material breach of this Agreement. BROKER shall be authorized to set- off valid, uncontested cargo loss and damage claims against amounts BROKER owes CARRIER pursuant to this Agreement; and viiC.F.R. Part 370. CARRIER shall pay BROKER, or allow BROKER to deduct from the amount BROKER the owes CARRIER, Customer’s full amount claimed by BROKER or the legal claimant actual loss for the kind and quantity of commodities so lost, delayed, damaged or destroyed. Payments by CARRIER to BROKER shall be paid and received for or its customer, pursuant to the account provisions of the legal claimantthis section, and shall be made within sixty thirty (6030) days following CARRIERreceipt by CARRIER of BROKER’s receipt of the or Customer’s undisputed claim statement and supporting documentation; and viii. Any exclusion from coverage contained CARRIER shall fully assist BROKER in CARRIER’s Cargo Insurance Policy shall not limit, reduce, or nullify CARRIER’s liability investigating any claim for freight cargo loss, damage, delay or delaydestruction. (Applicable only when underlying customer contract allows. XXXXXXX must receive authorization from BROKER via writing/email for every occurrence, for any rights in this clause to be changed to applicable.) (iii) CARRIER waives any right to salvage goods subject to this provision, as well as any right to claim an offset for the value of the salvage. (Applicable only when underlying customer contract allows. XXXXXXX must receive authorization from BROKER via writing/email for every occurrence, for any rights in this clause to be changed to applicable) (iv) The CARRIER assumes the liability of a motor carrier for cargo loss, damage or delay under the Xxxxxxx Amendment codified at 49 U.S.C. subsection 14706. CARRIER assumes liability for the full value of loss or damage to any and all goods tendered to CARRIER. if applicable; however, liability for exempt commodities and processing cargo loss and damage claims shall be determined by DRC Trading Practices, or Blue Book Transportation Guidelines, or NAPTWG Best Practices by agreement of the Parties and if no agreement then by one of the above associations’ guidelines named above at the selection of the BROKER. and (v) Special Damages: CARRIER’s indemnification liability (Par 1.H) for freight loss and damage claims under this sub-par C (ii) shall include legal fees which shall constitute special damages, the risk of which is expressly assumed by CARRIER, and which shall not be limited by any liability of CARRIER under Subp. (ii) above. (vi) Except as provided in Par 1.E above, neither Party shall be liable to the other for consequential damages without prior written notification of the risk of loss and its approximate financial amount and agree to assume such responsibility in writing. (vii) Notwithstanding the terms of 49 CFR 370.9, CARRIER shall pay, decline, or make a settlement offer in writing on all cargo loss or damage claims within 60 days of receipt of the claim. Failure of CARRIER to pay, decline or offer settlement within this 30 day period shall be deemed admission by CARRIER of full liability for the amount claimed and a material breach of this Agreement.

LOSS & DAMAGE CLAIMS. i. (i) CARRIER shall process each freight loss and damage claim it receives from a Participating BROKER, or any party entitled to recover against CARRIER for the same, pursuant to comply with 49 C.F.R. §370.1 et seq., . and any amendments thereto; and/or any other applicable regulations adopted by the Federal Motor Carrier Safety Administration, U.S. Department of Transportation, or any applicable state regulatory agency, for processing all loss and damage claims and salvage and (ii. CARRIER shall cooperate with BROKER in the investigation of ) CARRIER’s liability for any claim for cargo damage, loss, damage, delay, or destruction; and iii. CARRIER's liability for freight loss or damage theft from any cause shall be for determined under the full actual value of the lostXxxxxxx Amendment, damaged, or delayed freight without limitation and not subject to any lesser “released value” under 49 U.S.C. §14706, the “Xxxxxxx Amendment;” ; and iv. (iii) Special Damages: CARRIER's ’s indemnification liability (Par 1.H) for freight loss and damage claims under this sub par C (ii) shall include legal fees which shall constitute special damages, the risk of which is expressly assumed by CARRIER, and costs incurred which shall not be limited by BROKERany liability of CARRIER under Subp. (ii) above. (iv) Except as provided in Par 1.E above, either in defense or prosecution of the same; and v. Neither neither Party shall be liable to the other for consequential damages without prior written notification of the risk of loss, the loss and its approximate financial amount of such lossamount, and an agreement to assume such responsibility has been made in writing; and. vi. (v) Notwithstanding the terms of 49 CFR 370.9, CARRIER 370.9,CARRIER shall pay, decline or make a settlement offer in writing on all cargo loss or damage claims within sixty (60) 7 days of receipt of the claim. CARRIER’s failure Failure of CARRIER to pay, decline or offer settlement within this 14 day period shall be deemed an admission by CARRIER of full liability for the amount claimed, claimed and a material breach of this Agreement. BROKER shall be authorized to set- off valid, uncontested cargo loss and damage claims against amounts BROKER owes CARRIER pursuant to this Agreement; and. vii. CARRIER shall pay to BROKER the full amount claimed by BROKER or the legal claimant for the kind and quantity of commodities so lost, delayed, damaged or destroyed. Payments by CARRIER to BROKER shall be paid and received for the account of the legal claimant, and shall be made within sixty (60vi) days following CARRIER’s receipt of the claim statement and supporting documentation; and viii. Any exclusion from coverage contained in CARRIER’s Cargo Insurance Policy shall not limit, reduce, or nullify CARRIER’s liability for freight cargo damage, loss, damageor theft from any cause for any one shipment, under Subp. ii above shall not exceed $100,000 unless CARRIER is notified by BROKER or delayShipper of the increased value same days prior to shipment pick up.

LOSS & DAMAGE CLAIMS. i. (i) CARRIER shall process each freight loss and damage claim it receives from a Participating BROKER, or any party entitled to recover against CARRIER for the same, pursuant to comply with 49 C.F.R. §370.1 et seq., . and any amendments thereto; and/or any other applicable regulations adopted by the Federal Motor Carrier Safety Administration, U.S. Department of Transportation, or any applicable state regulatory agency, for processing all loss and damage claims and salvage and (ii. CARRIER shall cooperate with BROKER in the investigation of ) CARRIER’s liability for any claim for cargo damage, loss, damage, delay, or destruction; and iii. CARRIER's liability for freight loss or damage theft from any cause shall be for determined under the full actual value of the lostXxxxxxx Amendment, damaged, or delayed freight without limitation and not subject to any lesser “released value” under 49 U.S.C. §14706, the “Xxxxxxx Amendment;” ; and iv. (iii) Special Damages: CARRIER's ’s indemnification liability (Par 1.H) for freight loss and damage claims under this sub par C (ii) shall include legal fees which shall constitute special damages, the risk of which is expressly assumed by CARRIER, and costs incurred which shall not be limited by BROKERany liability of CARRIER under Subp. (ii) above. (iv) Except as provided in Par 1.E above, either in defense or prosecution of the same; and v. Neither neither Party shall be liable to the other for consequential damages without prior written notification of the risk of loss, the loss and its approximate financial amount of such lossamount, and an agreement to assume such responsibility has been made in writing; and. vi. (v) Notwithstanding the terms of 49 CFR 370.9, CARRIER 370.9,CARRIER shall pay, decline or make a settlement offer in writing on all cargo loss or damage claims within sixty (60) _30____ days of receipt of the claim. CARRIER’s failure Failure of CARRIER to pay, decline or offer settlement within this _30__ day period shall be deemed an admission by CARRIER of full liability for the amount claimed, claimed and a material breach of this Agreement. BROKER shall be authorized to set- off valid, uncontested cargo loss and damage claims against amounts BROKER owes CARRIER pursuant to this Agreement; and. vii. CARRIER shall pay to BROKER the full amount claimed by BROKER or the legal claimant for the kind and quantity of commodities so lost, delayed, damaged or destroyed. Payments by CARRIER to BROKER shall be paid and received for the account of the legal claimant, and shall be made within sixty (60vi) days following CARRIER’s receipt of the claim statement and supporting documentation; and viii. Any exclusion from coverage contained in CARRIER’s Cargo Insurance Policy shall not limit, reduce, or nullify CARRIER’s liability for freight cargo damage, loss, damageor theft from any cause for any one shipment, under Subp. ii above, shall not exceed $__1,000,000.00_______________unless CARRIER is notified by BROKER or delayShipper of the increased value _2____ days prior to shipment pick up.

LOSS & DAMAGE CLAIMS. i. CARRIER Carrier shall process each freight comply with 49 C.F.R. 370.1 et seq. and any amendments and/or any other applicable regulations adopted by the Federal Motor Carrier Safety Administration, U.S. Department of Transportation, or any applicable state regulatory agency, for processing all loss and damage claim it receives from a Participating BROKERclaims and salvage, provided however, that Carrier shall have no right to determine whether goods may be disposed of or any party entitled to recover against CARRIER for the same, pursuant to 49 C.F.R. §370.1 et seq., and any amendments theretosalvaged; and ii. CARRIER shall cooperate Except to the extent inconsistent with BROKER in the investigation express terms of this agreement, Xxxxxxx agrees recoverable damages for any claim for cargo damage, loss, damage, delay, or destruction; and iii. CARRIER's liability for freight loss or damage of theft from any cause shall be determined under the Xxxxxxx Amendment. 00 X.X.X. 00000. The sipper or cargo owner will determine whether to repair, repackage, salvage, or scarp the damaged cargo. To the extent that the shipper or cargo owner disallows salvage, Xxxxxxx waives any claim to salvage value. Xxxxxxx understands and agrees that the amount and extent of damage may be the full invoice price charged by the shipper/cargo owner to its customers for the full actual value kind and quality of the cargo lost, damaged, or delayed freight without limitation stolen, including taxes, fees, and not subject to any lesser “released value” under 49 U.S.C. §14706other charges, as determines in the “Xxxxxxx Amendment;” andsole discretion of the shipper or cargo owner. iviii. CARRIER's Special damages: Xxxxxxx’s indemnification liability for freight loss and damage claims shall include legal fees and costs incurred by BROKERwhich shall constitute special damages, either in defense or prosecution of the same; and v. Neither Party shall be liable to the other for consequential damages without prior written notification of the risk of losswhich is expressly assumed by Carrier, and which shall not be limited by any liability od Carrier herein. To the extent that this provision allowing Broker and its Shipper Customer to recover attorney fees conflicts with the Xxxxxxx Amendment, 49, U.S.C. 14706, the approximate financial amount Carrier expressly waives the protection of such loss, and an agreement to assume such responsibility has been made in writing; andthe Xxxxxxx Amendment. viiv. Notwithstanding the terms of 49 CFR 370.9, CARRIER Carrier shall pay, decline or make a settlement offer in writing on all cargo loss or damage claims within sixty (60) 30 days of receipt of the claim. CARRIER’s failure Failure of Carrier to pay, decline or offer settlement within this 30-day period shall be deemed an admission by CARRIER Carrier of full liability for the amount claimed, claimed and a material breach of this Agreement. BROKER shall be authorized to set- off valid, uncontested cargo loss and damage claims against amounts BROKER owes CARRIER pursuant to this Agreement; and vii. CARRIER shall pay to BROKER the full amount claimed by BROKER or the legal claimant for the kind and quantity of commodities so lost, delayed, damaged or destroyed. Payments by CARRIER to BROKER shall be paid and received for the account of the legal claimant, and shall be made within sixty (60) days following CARRIER’s receipt of the claim statement and supporting documentation; and viii. Any exclusion from coverage contained in CARRIER’s Cargo Insurance Policy shall not limit, reduce, or nullify CARRIER’s liability for freight loss, damage, or delay.