Substituted Services. As used in this Contract, “failure to perform” means failure (for whatever reason) to deliver the services as specified and/or scheduled in this Contract. If Contractor fails to perform under this Contract and does not cure that failure within seven days’ written notice from District, then District has the right to complete the services itself, to obtain the services from other sources, or to a combination thereof as necessary to accomplish the purpose of this Contract. Both parties agree that Contractor shall bear any reasonable cost difference for these substituted services.
Substituted Services. In its performance of the services hereunder, Motor Carrier agrees that it will transport Freight moving under this Agreement on equipment moving under Motor Carrier’s own operating authority and that it shall not subcontract transportation of such Freight to any other carriers, forwarders, logistics providers or brokers without the advanced express prior written consent of Broker. Regardless of whether such authorization is obtained, if Motor Carrier subcontracts transportation of any Freight hereunder, Motor Carrier will remain directly liable as if it had transported the Freight under this Agreement and in such case, Broker may, in its sole discretion, pay transportation charges to the subcontracted service provider directly.
