Common use of Service Provider’s Responsibilities Clause in Contracts

Service Provider’s Responsibilities. a. TIME IS OF THE ESSENCE IN THIS AGREEMENT. Service Provider will perform Services diligently and complete Services in accordance with the provisions of this Agreement. b. As part of the Services, Service Provider will prepare and submit customs entries, export/import declarations, applications, documentation, and/or export/import data (“Documentation”) to government agencies and/or third parties, including but not limited to carriers, truckmen, cartmen, lightermen, forwarders, ocean transportation intermediaries, non-vessel operating carriers, customs brokers, agents, warehousemen, and others to whom goods are entrusted for transportation, cartage, handling, delivery, and/or storage (“Third Parties”). Service Provider will be entitled to rely on the correctness of all Documentation provided by Customer, whether in written or electronic format. Customer will review all Documentation provided by it to Service Provider and will promptly advise Service Provider of any errors, discrepancies, incorrect statements, or omissions it discovers on any Documentation filed on Customer’s behalf by Service Provider. Service Provider will use reasonable care to ensure the correctness of all such information in preparing, filing, and submitting Documentation, whether in written or electronic format, and will be liable for all violations, fines, and penalties as a result of Service Provider’s provision of Services under this Agreement. The parties acknowledge that Customer may disclose to Service Provider confidential information about the business and operations of Customer, its affiliates, and/or divisions in the course of the performance of Services. Service Provider agrees that it and its officers, employees, subcontractors and agents will protect such confidential information from disclosure and will not disclose or use any such confidential information except for the purpose of providing the Services, without Customer’s express written permission. Service Provider will ensure that each of its officers, employees, subcontractors and agents are made aware of the confidentiality obligations contained in this Agreement and agree to comply with such obligations. Service Provider will be responsible for any breach by any of its officers, employees, subcontractors, and/or agents of the confidentiality obligations contained in this Agreement. c. Service Provider agrees to extend credit to Customer for payment of applicable import duties, taxes, and other charges for immediate release of cargo/goods, and Service Provider will invoice Customer for charges on a monthly basis. Service Provider will itemize each entry separately on monthly invoicing. d. Customer will maintain all records required under the Customs and/or other laws and regulations of the United States. Service Provider will maintain records as required under applicable laws. e. Service Provider will be under no obligation to undertake any pre-Customs and post-Customs release actions, including but not limited to obtaining rulings, advising of liquidations, and/or filing of petition(s) and/or protest(s), unless (1) requested by Customer in writing and agreed in writing by Service Provider or (2) required to correct its errors or omissions in the Services. f. All bills of lading prepared and/or issued by Service Provider will specify the number of pieces, packages, and/or cartons being transported in such shipment.

Service Provider’s Responsibilities. a. TIME IS OF THE ESSENCE IN THIS AGREEMENT. . a. Service Provider will perform Services diligently and complete Services in accordance with the provisions of this Agreement. b. As part of the Services, Service Provider will prepare and submit customs entries, export/import declarations, applications, documentation, and/or export/import data (“Documentation”) to government agencies and/or third parties, including but not limited to carriers, truckmen, cartmen, lightermen, forwarders, ocean transportation intermediaries, non-vessel operating carriers, customs brokers, agents, warehousemen, and others to whom goods are entrusted for transportation, cartage, handling, delivery, and/or storage (“Third Parties”). Service Provider will be entitled to rely on the correctness of all Documentation provided by Customer, whether in written or electronic format. Customer will review all Documentation provided by it to Service Provider and will promptly advise Service Provider of any errors, discrepancies, incorrect statements, or omissions it discovers on any Documentation filed on Customer’s behalf by Service Provider. Service Provider will use reasonable care to ensure the correctness of all such information in preparing, filing, and submitting Documentation, whether in written or electronic format, and will be liable for all violations, fines, and penalties as a result of Service Provider’s provision of Services under this Agreement. The parties acknowledge that Customer may disclose to Service Provider confidential information about the business and operations of Customer, its affiliates, and/or divisions in the course of the performance of Services. Service Provider agrees that it and its officers, employees, subcontractors and agents will protect such confidential information from disclosure and will not disclose or use any such confidential information except for the purpose of providing the Services, without Customer’s express written permission. Service Provider will ensure that each of its officers, employees, subcontractors and agents are made aware of the confidentiality obligations contained in this Agreement and agree to comply with such obligations. Service Provider will be responsible for any breach by any of its officers, employees, subcontractors, and/or agents of the confidentiality obligations contained in this Agreement. c. Service Provider agrees to extend credit to Customer for payment of applicable import duties, taxes, and other charges for immediate release of cargo/goods, and Service Provider will invoice Customer for charges on a monthly basis. Service Provider will itemize each entry separately on monthly invoicing. d. Customer will maintain all records required under the Customs and/or other laws and regulations of the United StatesCanada. Service Provider will maintain records as required under applicable laws. e. Service Provider will be under no obligation to undertake any pre-Customs and post-Customs release actions, including but not limited to obtaining rulings, advising of liquidations, and/or filing of petition(s) and/or protest(s), unless (1) requested by Customer in writing and agreed in writing by Service Provider or (2) required to correct its errors or omissions in the Services. f. All bills of lading prepared and/or issued by Service Provider will specify the number of pieces, packages, and/or cartons being transported in such shipment.

Service Provider’s Responsibilities. a. TIME IS OF THE ESSENCE IN THIS AGREEMENTIn addition to all other obligations contained herein, the Service Provider agrees, warrants, and represents that: 6.1 The Service Provider will furnish all material, equipment, labor and supplies in such quantities and of the proper quality to professionally and timely perform the Services, except as otherwise mutually agreed by the Parties; 6.2 The Service Provider shall perform the Services with the professional skill and care ordinarily provided by competent Service Providers practicing in the same or similar locality and under the same or similar circumstances and professional license; 6.3 The Service Provider will comply with the provisions of all federal, state, and local laws, regulations, ordinances, requirements and codes which are applicable to its performance of Services; 304382 2 Service Provider Services Contract Form – July 2022 6.4 The Service Provider is not and will not be bound by any agreement and has not assumed nor will assume any obligation which would, in any way, restrict its ability to perform the Services or be inconsistent with the Services; 6.5 In performing the Services, the Service Provider will not use any third party’s confidential or propriety information, or infringe the rights of another party, nor will the Service Provider disclose to the Authority, or bring onto the Authority’s premises, or induce the Authority to use any third party’s confidential or proprietary information; 6.6 The Service Provider does not have the authority to act for the Authority, bind the Authority in any respect, or incur any debts or liabilities in the name of or on behalf of the Authority, except as otherwise expressly authorized in writing by the Authority; 6.7 Service Provider is an independent contractor for the performance of his duties under this Contract. Accordingly, the Service Provider shall be responsible for payment of all taxes including federal, state and local taxes arising out of the Service Provider’s activities in accordance with this Contract. Service Provider is responsible for payment of the compensation, including any withholding, Social Security, or other taxes on such compensation, of any subcontractors retained by Service Provider, or Service Provider's employees performing Services consistent with its status as an independent contractor and in compliance with all applicable laws and regulations; 6.8 Service Provider has and hereby retains full control of any supervision over the Service Provider’s obligations hereunder and over any persons employed or subcontracted by the Service Provider for performing Services hereunder; 6.9 Service Provider will in no way be considered an agent, partner, joint venturer, or employee of Authority at any time during the Term. Service Provider will perform Services diligently not undertake to commit Authority to any course of action in relation to a third party unless expressly requested and complete Services authorized to do so by the Authority in accordance with the provisions of this Agreementwriting. b. 6.10 As part of the ServicesEffective Date and at all times while providing Services hereunder, the Service Provider will prepare shall possess and submit customs entries, export/import declarations, applications, documentation, and/or export/import data (“Documentation”) maintain in good standing any and all licenses or other authorizations and approvals necessary to government agencies and/or third parties, including but not limited to carriers, truckmen, cartmen, lightermen, forwarders, ocean transportation intermediaries, non-vessel operating carriers, customs brokers, agents, warehousemen, and others to whom goods are entrusted for transportation, cartage, handling, delivery, and/or storage (“Third Parties”). Service Provider will be entitled to rely on the correctness of all Documentation provided by Customer, whether in written or electronic format. Customer will review all Documentation provided by it to Service Provider and will promptly advise Service Provider of any errors, discrepancies, incorrect statements, or omissions it discovers on any Documentation filed on Customer’s behalf by Service Provider. Service Provider will use reasonable care to ensure the correctness of all such information in preparing, filing, and submitting Documentation, whether in written or electronic format, and will be liable for all violations, fines, and penalties as a result of Service Provider’s provision of Services under this Agreement. The parties acknowledge that Customer may disclose to Service Provider confidential information about the business and operations of Customer, its affiliates, and/or divisions in the course of the performance of Services. Service Provider agrees that it and its officers, employees, subcontractors and agents will protect such confidential information from disclosure and will not disclose or use any such confidential information except for the purpose of providing the Services, without Customer’s express written permission. Service Provider will ensure that each of its officers, employees, subcontractors and agents are made aware of the confidentiality obligations contained in this Agreement and agree to comply with such obligations. Service Provider will be responsible for any breach by any of its officers, employees, subcontractors, and/or agents of the confidentiality obligations contained in this Agreement. c. Service Provider agrees to extend credit to Customer for payment of applicable import duties, taxes, and other charges for immediate release of cargo/goods, and Service Provider will invoice Customer for charges on a monthly basis. Service Provider will itemize each entry separately on monthly invoicing. d. Customer will maintain all records required under the Customs and/or other laws and regulations of the United States. Service Provider will maintain records as required under applicable laws. e. Service Provider will be under no obligation to undertake any pre-Customs and post-Customs release actions, including but not limited to obtaining rulings, advising of liquidations, and/or filing of petition(s) and/or protest(s), unless (1) requested by Customer in writing and agreed in writing by Service Provider or (2) required to correct its errors or omissions in perform the Services. f. All bills of lading prepared and/or issued by Service Provider will specify the number of pieces, packages, and/or cartons being transported in such shipment.

Service Provider’s Responsibilities. a. TIME IS OF THE ESSENCE IN THIS AGREEMENT. Service Provider will perform Services diligently and complete Services in accordance with the provisions of this Agreement. b. a. As part of the Services, Service Provider will prepare and submit customs entries, export/import declarations, applications, documentation, and/or export/import data (“Documentation”) to government agencies and/or third parties, including but not limited to carriers, truckmen, cartmen, lightermen, forwarders, ocean transportation intermediaries, non-vessel operating carriers, customs brokers, agents, warehousemen, and others to whom goods are entrusted for transportation, cartage, handling, delivery, and/or storage (“Third Parties”). Service Provider will be entitled to rely on the correctness of all Documentation provided by Customer, whether in written or electronic format. Customer will review all Documentation provided by it to Service Provider and will promptly advise Service Provider of any errors, discrepancies, incorrect statements, or omissions it discovers on any Documentation filed on Customer’s behalf by Service Provider. Service Provider will use reasonable care to ensure the correctness of all such information in preparing, filing, and submitting Documentation, whether in written or electronic format, and will be liable for all violations, fines, and penalties as a result of Service Provider’s provision of Services under this Agreement. The parties acknowledge that Customer may disclose to Service Provider confidential information about the business and operations of Customer, its affiliates, and/or divisions in the course of the performance of Services. Service Provider agrees that it and its officers, employees, subcontractors and agents will protect such confidential information from disclosure and will not disclose or use any such confidential information except for the purpose of providing the Services, without Customer’s express written permission. Service Provider will ensure that each of its officers, employees, subcontractors and agents are made aware of the confidentiality obligations contained in this Agreement and agree to comply with such obligations. Service Provider will be responsible for any breach by any of its officers, employees, subcontractors, and/or agents of the confidentiality obligations contained in this Agreement. c. b. Service Provider agrees to extend credit to Customer for payment of applicable import duties, taxes, and other charges for immediate release of cargo/goods, and Service Provider will invoice Customer for charges on a monthly basis. Service Provider will itemize each entry separately on monthly invoicing. d. c. Customer will maintain all records required under the Customs and/or other laws and regulations of the United States. Service Provider will maintain records as required under applicable laws. e. d. Service Provider will be under no obligation to undertake any pre-Customs and post-Customs release actions, including but not limited to obtaining rulings, advising of liquidations, and/or filing of petition(s) and/or protest(s), unless (1) requested by Customer in writing and agreed in writing by Service Provider or (2) required to correct its errors or omissions in the Services. f. e. All bills of lading prepared and/or issued by Service Provider will specify the number of pieces, packages, and/or cartons being transported in such shipment.

Service Provider’s Responsibilities. a. TIME IS OF THE ESSENCE IN THIS AGREEMENT. Service Provider will perform Services diligently and complete Services in accordance with the provisions of this Agreement. b. As part of the Services, Service Provider will prepare and submit customs entries, export/import declarations, applications, documentation, and/or export/import data (“Documentation”) to government agencies and/or third parties, including but not limited to carriers, truckmen, cartmen, lightermen, forwarders, ocean transportation intermediaries, non-vessel operating carriers, customs brokers, agents, warehousemen, and others to whom goods are entrusted for transportation, cartage, handling, delivery, and/or storage (“Third Parties”). Service Provider will be entitled to rely on the correctness of all Documentation provided by Customer, whether in written or electronic format. Customer will review all Documentation provided by it to Service Provider and will promptly advise Service Provider of any errors, discrepancies, incorrect statements, or omissions it discovers on any Documentation filed on Customer’s behalf by Service Provider. Service Provider will use reasonable care to ensure the correctness of all such information in preparing, filing, and submitting Documentation, whether in written or electronic format, and will be liable for all violations, fines, and penalties as a result of Service Provider’s provision of Services under this Agreement. The parties acknowledge that Customer may disclose to Service Provider confidential information about the business and operations of Customer, its affiliates, and/or divisions in the course of the performance of Services. Service Provider agrees that it and its officers, employees, subcontractors and agents will protect such confidential information from disclosure and will not disclose or use any such confidential information except for the purpose of providing the Services, without Customer’s express written permission. Service Provider will ensure that each of its officers, employees, subcontractors and agents are made aware of the confidentiality obligations contained in this Agreement and agree to comply with such obligations. Service Provider will be responsible for any breach by any of its officers, employees, subcontractors, and/or agents of the confidentiality obligations contained in this Agreement. c. Service Provider agrees to extend credit to Customer for payment of applicable Indian Customs import duties, taxes, and other charges for immediate release of cargo/goods, and Service Provider will invoice Customer for charges on a monthly basis. Service Provider will itemize each entry separately on monthly invoicing. d. Customer will maintain all records required under the Customs and/or other laws and regulations of the United StatesRepublic of India. Service Provider will maintain records as required under applicable laws. e. Service Provider will be under no obligation to undertake any pre-Customs and post-Customs release actions, including but not limited to obtaining rulings, advising of liquidations, and/or filing of petition(s) and/or protest(s), unless (1) requested by Customer in writing and agreed in writing by Service Provider or (2) required to correct its errors or omissions in the Services. f. All bills of lading prepared and/or issued by Service Provider will specify the number of pieces, packages, and/or cartons being transported in such shipment.

Service Provider’s Responsibilities. a. TIME IS OF THE ESSENCE IN THIS AGREEMENT. Service Provider will perform Services diligently and complete Services in accordance with the provisions of this Agreement. b. a. As part of the Services, Service Provider will prepare and submit customs entries, export/import declarations, applications, documentation, and/or export/import data (“Documentation”) to government agencies and/or third parties, including but not limited to carriers, truckmen, cartmen, lightermen, forwarders, ocean transportation intermediaries, non-vessel operating carriers, customs brokers, agents, warehousemen, and others to whom goods are entrusted for transportation, cartage, handling, delivery, and/or storage (“Third Parties”). Service Provider will be entitled to rely on the correctness of all Documentation provided by Customer, whether in written or electronic format. Customer will review all Documentation provided by it to Service Provider and will promptly advise Service Provider of any errors, discrepancies, incorrect statements, or omissions it discovers on any Documentation filed on Customer’s behalf by Service Provider. Service Provider will use reasonable care to ensure the correctness of all such information in preparing, filing, and submitting Documentation, whether in written or electronic format, and will be liable for all violations, fines, and penalties as a result of Service Provider’s provision of Services under this Agreement. The parties acknowledge that Customer may disclose to Service Provider confidential information about the business and operations of Customer, its affiliates, and/or divisions in the course of the performance of Services. Service Provider agrees that it and its officers, employees, subcontractors and agents will protect such confidential information from disclosure and will not disclose or use any such confidential information except for the purpose of providing the Services, without Customer’s express written permission. Service Provider will ensure that each of its officers, employees, subcontractors and agents are made aware of the confidentiality obligations contained in this Agreement and agree to comply with such obligations. Service Provider will be responsible for any breach by any of its officers, employees, subcontractors, and/or agents of the confidentiality obligations contained in this Agreement. c. b. Service Provider agrees to extend credit to Customer for payment of applicable Indian Customs import duties, taxes, and other charges for immediate release of cargo/goods, and Service Provider will invoice Customer for charges on a monthly basis. Service Provider will itemize each entry separately on monthly invoicing. d. c. Customer will maintain all records required under the Customs and/or other laws and regulations of the United StatesRepublic of India. Service Provider will maintain records as required under applicable laws. e. d. Service Provider will be under no obligation to undertake any pre-Customs and post-Customs release actions, including but not limited to obtaining rulings, advising of liquidations, and/or filing of petition(s) and/or protest(s), unless (1) requested by Customer in writing and agreed in writing by Service Provider or (2) required to correct its errors or omissions in the Services. f. e. All bills of lading prepared and/or issued by Service Provider will specify the number of pieces, packages, and/or cartons being transported in such shipment.