Common use of Responsibility of Carrier Clause in Contracts

Responsibility of Carrier. (1) Carrier agrees to assign a series of freight bills / delivery receipt forms to be used on all outbound shipments billed by Carrier. Carrier also agrees to provide all necessary legal documentation and paperwork required to properly represent Carrier on interstate and intrastate shipments, including but not limited to: certificates of insurance, copies of all operating authorities, equipment trip leases, driver and vehicle applications, maintenance reports, and a copy of carrier's applicable rate schedules or tariff . (2) Carrier agrees to pay commissions on line hauls and related stop-off charges, excluding accessorial charges and Fuel Surcharges, if paid entirely to the truck. Any amounts of Accessorial charges or Fuel Surcharges not paid entirely to the truck, will then be allocated as follows: Carrier will retain all excess revenues not paid to truck in any amount up to 15% of the accessorial charge. Agent will then be paid any excess not paid to truck and not retained by Carrier. (3) Carrier agrees to present to Agent a weekly summary of account standings and a weekly report itemizing all shipments received for that process week in addition to an account of commissions due. (Commission reports will be provided weekly, with a one-week delay for processing time allowance.) (4) Rate of commission to Agent will be as follows: (a) 85% of invoice amount on shipments that are secured, processed and supervised under the direction of Agent, less the related expenses paid including the compensation to a permanently leased truck or trip-leased truck. The intent is that any or all expenses are not to exceed 85% of the total revenue invoiced. (b) 3% of invoice amount on shipments designated Agent Accounts that are processed and supervised under the direction of Agent, but moved by a permanently leased truck of another terminal or related XRG company, but not to exceed 85% of revenue in total expenses including truck pay. (c) 82% of invoice amount less related costs to move the load, on shipments that are not secured by Agent and are not otherwise processed or supervised by Agent, but moved by a permanently leased truck or trip-leased truck of Agent, or 50% of the commission paid to all Agents involved in a shipment that is moved by brokering to another motor carrier. (d) 50% of the difference between Gross freight revenue less purchased transportation for loads brokered to other carriers.

Responsibility of Carrier. (1) Carrier agrees to assign a series of freight bills / delivery receipt forms to be used on all outbound shipments billed by Carrier. Carrier also agrees to provide all necessary legal documentation and paperwork required to properly represent Carrier on interstate and intrastate shipments, including but not limited to: certificates of insurance, copies of all operating authorities, equipment trip leases, driver and vehicle applications, maintenance reports, and a copy of carrier's ’s applicable rate schedules or tariff . (2) Carrier agrees to pay commissions on line hauls and related stop-off chargeshauls, excluding accessorial charges and Fuel Surcharges, if paid entirely to the truck. Any amounts of Accessorial charges or Fuel Surcharges not paid entirely to the truck, will then be allocated as follows: Carrier will retain all excess revenues not paid to truck in any amount up to 15% of the accessorial charge. Agent will then be paid any excess not paid to truck and not retained by Carriercharges. (3) Carrier agrees to present to Agent a weekly summary of account standings and a weekly report itemizing all shipments received for that process week in addition to an account of commissions due. (Commission reports will be provided weekly, with a one-week delay for processing time allowance.) (4) Rate of commission Carrier shall pay Agent for services rendered by Agent pursuant to Agent will be Section II.B as follows: (a) 85% of invoice amount on shipments that are secured, processed and supervised under the direction of Agent, less the related expenses paid including the compensation to a permanently leased truck or trip-leased trucktruck pursuant to the newly revised fleet owner agreement and commission override agreement with J Bently Companies, Inc. and Jxxxxx Xxxxxxxxx. The intent is that any or all expenses are not to exceed 85% of the total revenue invoiced. (b) 3% of invoice amount on shipments designated Agent Accounts that are processed and supervised under the direction of Agent, but moved by a permanently leased truck of another terminal or related XRG company, but not to exceed 8584% of revenue in total expenses including truck pay. (c) 82% of invoice amount less related costs to move the load, on shipments that are not secured by Agent and are not otherwise processed or supervised by Agent, but moved by a permanently leased truck or trip-leased truck of Agent, or 5049% of the commission paid to all Agents involved in a shipment that is moved by brokering to another motor carrier. (d) 5049% of the difference between Gross freight revenue less purchased transportation for loads brokered to other carriers. NOTE: Revenue collected by Carrier for driver assistance in loading or unloading; fuel surcharges; truck ordered not used, detention of drivers and/or vehicle storage, and special hauling permits will not be included in the invoice amounts for Agent commissions if paid entirely to the truck or trucking company. These amounts are paid when collected by XRG Logistics. (5) Carrier will not be responsible for any expenses incurred for the operation of the agent’s terminal; i.e. telephone, rents, utilities, taxes, employee expenses, or any other expenses incidental to the operation of the agent’s terminal. (6) Agent shall be entitled to maintain his health insurance through the Carrier’s Blue Cross Blue Shield group policy. Premiums attributed to Agent shall be a credit against the commission payments.

Responsibility of Carrier. (1) Carrier agrees to assign a series of freight bills Bxxx of Ladings / delivery receipt forms to be used on all outbound shipments billed by Carrier. Carrier also agrees to provide all necessary legal documentation and paperwork required to properly represent Carrier on interstate and intrastate shipments, including but not limited to: certificates of insurance, copies of all operating authorities, equipment trip leases, driver and vehicle applications, maintenance reports, and a copy of carrier's ’s applicable rate schedules or tariff schedules. (2) Carrier agrees to pay commissions on line hauls and related stop-off chargeshauls, excluding accessorial charges and Fuel Surcharges, if paid entirely to the truck. Any amounts of Accessorial charges or Fuel Surcharges not paid entirely to the truck, will then be allocated as follows: Carrier will retain all excess revenues not paid to truck in any amount up to 15% of the accessorial charge. Agent will then be paid any excess not paid to truck and not retained by Carriercharges. (3) Carrier agrees to present to Agent a weekly summary of account standings and a weekly report itemizing all shipments received for that process week in addition to an account of commissions due. (Commission reports will be provided weekly, with a one-week delay for processing time allowance.) (4) Rate of commission Carrier shall pay Agent for services rendered by Agent pursuant to Agent will be Section II.B as follows: (a) 8587% of invoice amount on shipments that are secured, processed and supervised under the direction of Agent, less the related expenses paid including the compensation to a permanently leased truck or trip-leased truck. The intent is that any or all expenses are not to exceed 8587% of the total revenue invoiced.. The intent is that linehaul expenses (not to include any accessorials) are not to exceed 87% of the total invoiced linehaul revenue (b) 3% of invoice amount on shipments designated Agent Accounts that are processed and supervised under the direction of Agent, but moved by a permanently leased truck of another terminal or related XRG company, but not to exceed 85% of revenue in total expenses including truck pay. (c) 82% of invoice amount less related costs to move the load, on shipments that are not secured by Agent and are not otherwise processed or supervised by Agent, but moved by a permanently leased truck or trip-leased truck of Agent, or 50% of the commission paid to all Agents involved in a shipment that is moved by brokering to another motor carrier. (d) 50% of the difference between Gross freight revenue less purchased transportation for loads brokered to other carriers. NOTE: Revenue collected by Carrier for driver assistance in loading or unloading; fuel surcharges; truck ordered not used, detention of drivers and/or vehicle storage, and special hauling permits will not be included in the invoice amounts for Agent commissions if paid entirely to the truck or trucking company. These amounts are paid when collected by XRG Logistics. (5) Carrier will not be responsible for any expenses incurred for the operation of the agent’s terminal; i.e. telephone, rents, utilities, taxes, employee expenses, or any other expenses incidental to the operation of the agent’s terminal.