Common use of Responsibilities and Duties of Agent Clause in Contracts

Responsibilities and Duties of Agent. Agent shall: (a) obtain the prior approval of Customized of all Customers and Shipments; (b) solicit contracts from Customers subject in each instance to Customized right to reject in its discretion any Customer, Shipment or contract without a penalty or commission to Agent or any third party; (c) upon request, make reasonable efforts to assist Customized in collecting amounts due Customized from any Customer or any other party that is responsible for paying freight charges for those Shipments provided by Agent and accepted by Carrier; (d) not accept claims or legal process on Customized behalf and instead direct claimants, process servers and similar parties to contact Customized; provided, however, that notwithstanding the foregoing, Agent shall promptly notify Customized concerning any claim, potential claim or legal process arising out of the performance of this Agreement; (e) maintain records as Customized may be legally required to maintain with respect to Agent’s operations under this Agreement or as may reasonably be requested by Customized in writing; (h) provide Customized advance written notice of: the merger, consolidation, transfer or dissolution of assets of Agent; any assignment by Agent for the benefit of creditors, any bankruptcy filing by Agent, or the institution of any proceeding against Agent alleging that Agent is insolvent or unable to pay debts; the entry of any judgment against Agent or its partners, as applicable, and any civil or criminal actions instituted against Agent, Agent’s owners, partners and/or directors, as applicable, relating to matters covered by this Agreement; (i) prepare complete and accurate forms, contracts and other documents reasonably requested by Customized from time to time; (j) maintain capabilities to communicate with Customized via Internet, Facsimile and/or Telephone; (k) maintain usual and customary office hours Monday through Friday of each week (local time) with additional after hours and weekend coverage as required to facilitate business; (l) for dispatch operations the Agent shall utilize Customized designated agent operating software systems supplied at Customizeds expense through the Agent supplied internet access; (m) conduct interviews with prospective independent owner operators to determine initial eligibility and assist independent owner operators throughout the qualification process to include but not limited to; providing the drivers with the Customized application, collecting and forwarding information from the drivers to Customized, guide the owner operator through the process as their main point of contact; (n) conduct initial log audits to ensure independent owner operators compliance with FMCSA regulations; (o) conduct road tests to insure readiness of new owner operators; (p) conduct new hire orientation sessions to familiarize drivers with Customized policies and procedures to include but not limited to safety, logs, trip sheets, daily inspection reports, etc. (q) maintain a secure yard as needed based on agency fleet needs; (r) without the prior approval of Customized, Agent may not invoice its/his/her own company for transportation charges and may not directly bill accounts for freight charges.

Responsibilities and Duties of Agent. Agent shall: (a) obtain the prior approval of Customized Broker of all Customers and Shipments; (b) solicit contracts from Customers subject in each instance to Customized Broker’s right to reject reject, in its discretion discretion, any Customer, Shipment or contract without a penalty or commission to Agent or any third party; (c) upon request, make reasonable efforts to assist Customized Broker in collecting amounts due Customized Broker from any Customer or any other party that is responsible for paying freight charges for those Shipments provided by Agent and accepted by CarrierBroker; (d) not accept claims or legal process on Customized Broker’s behalf and instead direct claimants, process servers and similar parties to contact CustomizedBroker; provided, however, that notwithstanding the foregoing, Agent shall promptly notify Customized Broker concerning any claim, potential claim or legal process arising out of the performance of this Agreement; (e) maintain records as Customized Broker may be legally required to maintain with respect to Agent’s operations under this Agreement or as may reasonably be requested by Customized in writingXxxxxx; (hf) provide Customized Broker advance written notice of: the of any merger, consolidation, transfer or dissolution of assets of Agent; , including, without limitation, any assignment by Agent for the benefit of creditors, any bankruptcy filing by Agent, or the institution of any proceeding against Agent alleging that Agent is insolvent or unable to pay debts; , and, including further, without limitation, the entry of any judgment against Agent or its partners, as applicable, and any civil or criminal actions instituted against Agent, Agent’s owners, partners and/or directors, as applicable, relating to matters covered by this Agreement; (ig) prepare complete and accurate forms, contracts and other documents reasonably requested by Customized Xxxxxx from time to time; (jh) maintain capabilities to communicate with Customized Broker via Internetinternet, Facsimile facsimile and/or Telephonetelephone; (k) maintain usual and customary office hours Monday through Friday of each week (local time) with additional after hours and weekend coverage as required to facilitate business; (l) for dispatch operations the Agent shall utilize Customized designated agent operating software systems supplied at Customizeds expense through the Agent supplied internet access; (m) conduct interviews with prospective independent owner operators to determine initial eligibility and assist independent owner operators throughout the qualification process to include but not limited to; providing the drivers with the Customized application, collecting and forwarding information from the drivers to Customized, guide the owner operator through the process as their main point of contact; (n) conduct initial log audits to ensure independent owner operators compliance with FMCSA regulations; (o) conduct road tests to insure readiness of new owner operators; (p) conduct new hire orientation sessions to familiarize drivers with Customized policies and procedures to include but not limited to safety, logs, trip sheets, daily inspection reports, etc. (q) maintain a secure yard as needed based on agency fleet needs; (ri) without the prior approval of CustomizedBroker, Agent may not invoice its/his/her own company for transportation charges and may not directly bill accounts for freight charges; and, (j) enter all required information in Broker’s system, coordinate with the driver/owner operator to haul the freight and communicate with the customer regarding appointment times and the progress of the Shipment.

Responsibilities and Duties of Agent. Agent shall: (a) obtain the prior approval of Customized Carrier of all Customers and Shipments; (b) solicit contracts from Customers subject in each instance to Customized Carrier’s right to reject reject, in its discretion discretion, any Customer, Shipment or contract without a penalty or commission to Agent or any third party; (c) upon request, make reasonable efforts to assist Customized Carrier in collecting amounts due Customized Carrier from any Customer or any other party that is responsible for paying freight charges for those Shipments provided by Agent and accepted by Carrier; (d) not accept claims or legal process on Customized Carrier’s behalf and instead direct claimants, process servers and similar parties to contact CustomizedCarrier; provided, however, that notwithstanding the foregoing, Agent shall promptly notify Customized Carrier concerning any claim, potential claim or legal process arising out of the performance of this Agreement; (e) maintain records as Customized Carrier may be legally required to maintain with respect to Agent’s operations under this Agreement or as may reasonably be requested by Customized in writingCarrier; (hf) provide Customized Carrier advance written notice of: the of any merger, consolidation, transfer or dissolution of assets of Agent; , including, without limitation, any assignment by Agent for the benefit of creditors, any bankruptcy filing by Agent, or the institution of any proceeding against Agent alleging that Agent is insolvent or unable to pay debts; , and, including further, without limitation, the entry of any judgment against Agent or its partners, as applicable, and any civil or criminal actions instituted against Agent, Agent’s owners, partners and/or directors, as applicable, relating to matters covered by this Agreement; (ig) prepare complete and accurate forms, contracts and other documents reasonably requested by Customized Carrier from time to time; (jh) maintain capabilities to communicate with Customized Carrier via Internetinternet, Facsimile facsimile and/or Telephonetelephone; (k) maintain usual and customary office hours Monday through Friday of each week (local time) with additional after hours and weekend coverage as required to facilitate business; (l) for dispatch operations the Agent shall utilize Customized designated agent operating software systems supplied at Customizeds expense through the Agent supplied internet access; (m) conduct interviews with prospective independent owner operators to determine initial eligibility and assist independent owner operators throughout the qualification process to include but not limited to; providing the drivers with the Customized application, collecting and forwarding information from the drivers to Customized, guide the owner operator through the process as their main point of contact; (n) conduct initial log audits to ensure independent owner operators compliance with FMCSA regulations; (o) conduct road tests to insure readiness of new owner operators; (p) conduct new hire orientation sessions to familiarize drivers with Customized policies and procedures to include but not limited to safety, logs, trip sheets, daily inspection reports, etc. (q) maintain a secure yard as needed based on agency fleet needs; (ri) without the prior approval of CustomizedCarrier, Agent may not invoice its/his/her own company for transportation charges and may not directly bill accounts for freight charges; and, (j) enter all required information in Carrier’s system, coordinate with the driver/owner operator to haul the freight and communicate with the customer regarding appointment times and the progress of the Shipment.

Responsibilities and Duties of Agent. Agent shall: (a) obtain the prior approval of Customized of all Customers and Shipments; (b) solicit contracts from Customers subject in each instance to Customized right to reject in its discretion any Customer, Shipment or contract without a penalty or commission to Agent or any third party; (c) upon request, make reasonable efforts to assist Customized in collecting amounts due Customized from any Customer or any other party that is responsible for paying freight charges for those Shipments provided by Agent and accepted by Carrier; (d) not accept claims or legal process on Customized behalf and instead direct claimants, process servers and similar parties to contact Customized; provided, however, that notwithstanding the foregoing, Agent shall promptly notify Customized concerning any claim, potential claim or legal process arising out of the performance of this Agreement; (e) maintain records as Customized may be legally required to maintain with respect to Agent’s operations under this Agreement or as may reasonably be requested by Customized in writing; (h) provide Customized advance written notice of: the merger, consolidation, transfer or dissolution of assets of Agent; any assignment by Agent for the benefit of creditors, any bankruptcy filing by Agent, or the institution of any proceeding against Agent alleging that Agent is insolvent or unable to pay debts; the entry of any judgment against Agent or its partners, as applicable, and any civil or criminal actions instituted against Agent, Agent’s owners, partners and/or directors, as applicable, relating to matters covered by this Agreement; (i) prepare complete and accurate forms, contracts and other documents reasonably requested by Customized from time to time; (j) maintain capabilities to communicate with Customized via Internet, Facsimile and/or Telephone; (k) maintain usual and customary office hours Monday through Friday of each week (local time) with additional after hours and weekend coverage as required to facilitate business; (l) for dispatch operations the Agent shall utilize Customized designated agent operating software systems supplied at Customizeds expense through the Agent supplied internet access; (m) conduct interviews with prospective independent owner operators to determine initial eligibility and assist independent owner operators throughout the qualification process to include but not limited to; providing the drivers with the Customized application, collecting and forwarding information from the drivers to Customized, guide the owner operator through the process as their main point of contact; (n) conduct initial log audits to ensure independent owner operators compliance with FMCSA regulations; (o) conduct road tests to insure readiness of new owner operators; (p) conduct new hire orientation sessions to familiarize drivers with Customized policies and procedures to include but not limited to safety, logs, trip sheets, daily inspection reports, etc. (q) maintain a secure yard as needed based on agency fleet needs; (r) without the prior approval of Customized, Agent may not invoice its/his/her own company for transportation charges and may not directly bill xxxx accounts for freight charges.