Common use of Terms and Conditions of Carriage Clause in Contracts

Terms and Conditions of Carriage. (a) It is understood and agreed by Licensee that the Application and/or Service may contain functionality which may be used by Licensee to make shipments through carriers other than FedEx. Licensee should contact the System Supplier to determine if the Service has multi- carrier capability. If so, Licensee agrees that it will look solely to such third party carriers for the terms under which Licensee may tender shipments to and have its shipments carried by such third party carriers and that, as between FedEx and Licensee, Licensee is solely responsible for its compliance with such third party carriers' terms of shipping and will look solely to such third party carriers for all remedies attributable to claims arising out of the third party carriers’ carriage of Licensee’s shipments. LICENSEE WILL DEFEND, INDEMNIFY AND HOLD HARMLESS FEDEX FROM ALL CLAIMS, DEMANDS AND JUDGMENTS, INCLUDING THE PAYMENT OF ATTORNEY’S FEES, FROM THIRD PARTY CARRIERS ARISING OUT OF LICENSEE’S USE OF THE SERVICES TO PROCESS SHIPMENTS TENDERED TO SUCH CARRIERS. (b) With respect to FedEx Services, Licensee agrees that domestic and international carriage by FedEx of any shipments tendered to FedEx pursuant to this Agreement or using the Application shall be in accordance with the terms, conditions and limitations of liability set out on the NONNEGOTIABLE Air Waybill, Label, Manifest, or Pick-Up Record (collectively “Shipping Documentation”) and as appropriate any transportation agreement between Licensee and FedEx covering such shipment and in any applicable tariff, Service Guide or Standard Conditions of Carriage, copies of which are available upon request, and which are incorporated into this Agreement by reference. If there is a conflict between the Shipping Documentation and any such document then in effect or this Agreement, the transportation agreement, tariff, Service Guide, Standard Conditions of Carriage, or this Agreement will control, in that order of priority. If a shipment originates outside the United States, the contract of carriage is with the FedEx subsidiary, branch, or independent contractor who originally accepts the shipment. (c) In the event Licensee uses the Application and/or Service to process shipments tendered to FedEx for delivery to locations outside the United States or country of shipment origin, Licensee will, at Licensee’s sole expense, assure that the terms and conditions of international carriage supplied by FedEx from time to time (and which may be amended or modified from time to time at the sole discretion of FedEx) are placed on the Shipping Documentation, as instructed by FedEx, for all such international shipments. LICENSEE WILL DEFEND, INDEMNIFY AND HOLD HARMLESS FEDEX AND ITS REPRESENTATIVES FROM AND AGAINST ANY AND ALL LOSSES, DAMAGES, CLAIMS AND OTHER ITEMS OF COST AND EXPENSE ARISING OUT OF LICENSEE’S FAILURE TO APPLY THE INTERNATIONAL CARRIAGE TERMS TO THE SHIPPING DOCUMENTATION FOR SUCH INTERNATIONAL SHIPMENTS, INCLUDING WITHOUT LIMITATION CLAIMS FROM THE RECIPIENT OF ANY SHIPMENT, AND LICENSEE’S FAILURE TO FOLLOW INSTRUCTIONS OF FEDEX IN REGARD TO THE PLACEMENT OF THE TERMS ON THE SHIPPING DOCUMENTATION FOR SUCH INTERNATIONAL SHIPMENTS. (d) Licensee acknowledges that if the Application and/or Service is used to process shipments to locations outside the United States or country of shipment origin, Licensee must enter the name of the person completing the Shipping Documentation to print in lieu of its manual signature on the Shipping Documentation, as applicable, for all shipments tendered by Licensee to FedEx using the Application or Service. Licensee further acknowledges that such printed name shall be sufficient to constitute the Licensee’s signature, and Licensee’s acceptance of FedEx terms and conditions of carriage contained in the applicable transportation agreement, tariff, Service Guide, Standard Conditions, or Shipping Documentation, under which the shipment is accepted by FedEx, or its independent contractor. (e) Unless otherwise indicated, the shipper's address indicated on the face of any Shipping Documentation is the place of execution and the place of departure and the recipient's address listed on the face of the Shipping Documentation is the place of destination. Unless otherwise indicated on the face of the Shipping Documentation the first carrier of all shipments is Federal Express Corporation, 0000 Xxxxx Xxxxx Xxxx, Xxxxxxx, XX, 00000. In the event another carrier is listed on any such document, that carrier is the first carrier of the shipment. The address for FedEx Ground is X.X. Xxx 000, Xxxxxxxxxx, XX 00000.

Terms and Conditions of Carriage. (a) It is understood and agreed by Licensee that the Application and/or Service Product may contain functionality which may be used by Licensee to make shipments through carriers other than FedEx. Licensee should contact the System Supplier to determine if the Service has multi- carrier capability. .. If so, Licensee agrees that it will look solely to such third party carriers for the terms under which Licensee may tender shipments to and have its shipments carried by such third party carriers and that, as between FedEx and Licensee, Licensee is solely responsible for its compliance with such third party carriers' terms of shipping and will look solely to such third party carriers for all remedies attributable to claims arising out of the third party carriers’ carriage of Licensee’s shipments. LICENSEE WILL DEFEND, INDEMNIFY AND HOLD HARMLESS FEDEX AND ITS REPRESENTATIVE FROM ALL CLAIMS, DEMANDS AND JUDGMENTS, INCLUDING THE PAYMENT OF ATTORNEY’S ATTORNEYS FEES, FROM THIRD PARTY CARRIERS ARISING OUT OF LICENSEE’S USE OF THE SERVICES PRODUCT TO PROCESS SHIPMENTS TENDERED TO SUCH CARRIERS... (b) With respect to FedEx Services, Licensee agrees that domestic and international carriage by FedEx of any shipments tendered to FedEx pursuant to this Agreement or using the Application shall Product will be in accordance with the terms, conditions and limitations of liability set out on the NONNEGOTIABLE Air Waybill, Label, Manifest, or Pick-Up Record (collectively “Shipping Documentation”) and as appropriate any transportation agreement between Licensee and FedEx covering such shipment and in any applicable tariff, Service Guide or Standard Conditions of Carriage, copies of which are available upon request, and which are incorporated into this Agreement by reference. If there is a conflict between the Shipping Documentation and any such document then in effect or this Agreement, then the transportation agreement, tariff, Service Guide, Standard Conditions of Carriage, or this Agreement will control, in that order of priority. If a shipment originates outside the United States, the contract of carriage is with the FedEx subsidiary, branch, or independent contractor who originally accepts the shipment. (c) In the event Licensee uses the Application and/or Service Product to process shipments tendered to FedEx for delivery to locations outside the United States or country country/territory of shipment origin, Licensee will, at Licensee’s sole expense, assure that the terms and conditions of international carriage supplied by FedEx from time to time (and which may be amended or modified from time to time at the FedEx's sole discretion of FedExdiscretion) are placed on the Shipping Documentation, as instructed by FedEx, for all such international shipments. LICENSEE WILL DEFEND, INDEMNIFY AND HOLD HARMLESS FEDEX FEDEX, AND ITS REPRESENTATIVES FROM AND AGAINST ANY AND ALL LOSSES, DAMAGES, CLAIMS AND OTHER ITEMS OF COST AND EXPENSE ARISING OUT OF LICENSEE’S FAILURE TO APPLY THE INTERNATIONAL CARRIAGE TERMS TO THE SHIPPING DOCUMENTATION FOR SUCH INTERNATIONAL SHIPMENTS, INCLUDING WITHOUT LIMITATION CLAIMS FROM THE RECIPIENT OF ANY SHIPMENT, AND LICENSEE’S FAILURE TO FOLLOW FEDEX'S INSTRUCTIONS OF FEDEX IN REGARD TO THE PLACEMENT OF THE TERMS ON THE SHIPPING DOCUMENTATION FOR SUCH INTERNATIONAL SHIPMENTS. (d) Licensee acknowledges that if the Application and/or Service Product is used to process shipments to locations outside the United States or country country/territory of shipment origin, Licensee must enter the name of the person completing the Shipping Documentation to print in lieu of its manual signature on the Shipping Documentation, as applicable, for all shipments tendered by Licensee to FedEx using the Application or ServiceProduct. Licensee further acknowledges that such printed name shall will be sufficient to constitute the Licensee’s signature, and Licensee’s acceptance of FedEx FedEx's terms and conditions of carriage contained in the applicable transportation agreement, tariff, Service Guide, Standard Conditions, or Shipping Documentation, under which the shipment is accepted by FedEx, or its independent contractor. (e) Unless otherwise indicated, the shipper's address indicated on the face of any Shipping Documentation is the place of execution and the place of departure and the recipient's address listed on the face of the Shipping Documentation is the place of destination. Unless otherwise indicated on the face of the Shipping Documentation the first carrier of all shipments is Federal Express Corporation, 0000 Xxxxx Xxxxx Xxxx, Xxxxxxx, XX, 00000. In the event another carrier is listed on any such document, that carrier is the first carrier of the shipment. The address for FedEx Ground is X.X. Xxx 000, Xxxxxxxxxx, XX 00000.

Terms and Conditions of Carriage. To the extent applicable to the FedEx Services available to You through the Application: (a) It is understood and agreed by Licensee that the Application and/or Service may contain functionality which may be used by Licensee to make shipments through carriers other than FedEx. Licensee should contact the System Supplier to determine if the Service has multi- carrier capability. If so, Licensee agrees that it will look solely to such third party carriers for the terms under which Licensee may tender shipments to and have its shipments carried by such third party carriers and that, as between FedEx and Licensee, Licensee is solely responsible for its compliance with such third party carriers' terms of shipping and will look solely to such third party carriers for all remedies attributable to claims arising out of the third party carriers’ carriage of Licensee’s shipments. LICENSEE WILL DEFEND, INDEMNIFY AND HOLD HARMLESS FEDEX FROM ALL CLAIMS, DEMANDS AND JUDGMENTS, INCLUDING THE PAYMENT OF ATTORNEY’S FEES, FROM THIRD PARTY CARRIERS ARISING OUT OF LICENSEE’S USE OF THE SERVICES TO PROCESS SHIPMENTS TENDERED TO SUCH CARRIERS. (b) With respect to FedEx Services, Licensee agrees You agree that domestic and international carriage by FedEx of any shipments tendered to FedEx pursuant to this Agreement or using the Application shall be in accordance with the terms, conditions and limitations of liability set out on the NONNEGOTIABLE Air Waybill, Label, Manifest, or Pick-Up Record (collectively “Shipping Documentation”) and as appropriate any transportation agreement between Licensee You and FedEx covering such shipment and in any applicable tariff, Service Guide Offerings or Standard Conditions of Carriage, copies of which are available upon request, and which are incorporated into this Agreement XXXX by reference. If there is a conflict between the Shipping Documentation and any such document then in effect or this the Agreement, the transportation agreement, tariff, Service Guide, Standard Conditions of Carriage, or this the Agreement will control, in that order of priority. If a shipment originates outside the United States, the contract of carriage is with the FedEx subsidiary, branch, or independent contractor who originally accepts the shipment.. Your use of Global Trade Manager shall not alter Your responsibility for the preparation and accuracy of shipping documentation including import/export forms (cb) In the event Licensee uses You use the Application and/or Service to process shipments tendered to FedEx for delivery to locations outside the United States or country of shipment origin, Licensee You will, at Licensee’s Your sole expense, assure that the terms and conditions of international carriage supplied by FedEx from time to time (and which may be amended or modified from time to time at the FedEx's sole discretion of FedExdiscretion) are placed on the Shipping Documentation, as instructed by FedEx, for all such international shipments. LICENSEE WILL YOU SHALL DEFEND, INDEMNIFY AND HOLD HARMLESS FEDEX AND ITS REPRESENTATIVES (AS DEFINED IN SECTION 8 BELOW) FROM AND AGAINST ANY AND ALL LOSSESCLAIMS, DEMANDS, SUITS, DAMAGES, CLAIMS COSTS, EXPENSES, LOSSES, FINES AND OTHER ITEMS OF COST AND EXPENSE JUDGMENTS, INCLUDING REASONABLE ATTORNEY’S FEES, ARISING OUT OF LICENSEE’S YOUR FAILURE TO APPLY THE INTERNATIONAL CARRIAGE TERMS TO THE SHIPPING DOCUMENTATION FOR SUCH INTERNATIONAL SHIPMENTS, INCLUDING WITHOUT LIMITATION CLAIMS FROM THE RECIPIENT OF ANY SHIPMENT, AND LICENSEE’S YOUR FAILURE TO FOLLOW FEDEX'S INSTRUCTIONS OF FEDEX IN REGARD TO THE PLACEMENT OF THE TERMS ON THE SHIPPING DOCUMENTATION FOR SUCH INTERNATIONAL SHIPMENTS. (dc) Licensee acknowledges You acknowledge that if the Application and/or Service is used to process shipments to locations outside the United States or other country or territory of shipment origin, Licensee You must enter the name of the person completing the Shipping Documentation to print in lieu of its such person’s manual or script signature on the Shipping Documentation, as applicable, for all shipments tendered by Licensee You to FedEx using the Application or ServiceApplication. Licensee You further acknowledges acknowledge that such printed name shall be sufficient to constitute the Licensee’s Your signature, and Licensee’s acceptance of FedEx FedEx's terms and conditions of carriage contained in the applicable transportation agreement, tariff, Service Guide, Standard Conditions, or Shipping Documentation, or other Service Offering under which the shipment is accepted by FedEx, or its independent contractor. (d) You hereby certify that all statements and information contained on all Air Waybills, SEDs and accompanying documentation relating to exportation are true and correct. You further certify that all Commercial Invoice information submitted via the Materials is true and correct. You expressly authorize FedEx and its independent contractors, as applicable, to forward all information of any nature regarding Shipments to any and all governmental or regulatory agencies which request or require such information. Furthermore, You understand that civil and criminal penalties, including forfeiture and sale, may be imposed for making false or fraudulent statements or for the violation of any country laws on exportation, including but not limited to, for Shipments originating in the X.X., 00 X.X.X. §000; 00 X.X.X. §000; 00 X.X.X. §0000; and 50 U.S.C. App. 2410, and for Shipments originating in Canada, the Export and Import Permits Act, R.S.C. E-17. Consult the laws in the country of origin for similar restrictions. (e) You are responsible for, and warrant your compliance with, Export Control Laws provisions in the Service Guide. (g) Unless otherwise indicated, the shipper's ’s address indicated on the face of any Shipping Documentation is the place of execution and the place of departure and the recipient's ’s address listed on the face of the Shipping Documentation is the place of destination. Unless otherwise indicated on the face of the Shipping Documentation the first carrier of all shipments is Federal Express CorporationFedEx Express, 0000 Xxxxx Xxxxx XxxxX.X. Xxx 000, Xxxxxxx, XX, XX 00000. In the event another carrier is listed on any such document, that carrier is the first carrier of the shipment. The address for FedEx Ground is X.X. Xxx 000, Xxxxxxxxxx, XX 00000. (h) The terms and conditions of carriage governing shipping and related services with FedEx Freight (i.e., FedEx Freight Corporation) are contained in the FXF 100 Series Tariff, which is available by download in Your country of choice at xxx.xxxxx.xxx. In the event of any conflict between the current version of the FXF 100 Series Tariff and any other FedEx delivery or related service information at xxx.xxxxx.xxx with respect to any FedEx Freight service, the applicable FXF 100 Series Tariff will control.

Terms and Conditions of Carriage. To the extent applicable to the FedEx Services available to Licensee through the Application: (a) It is understood and agreed by Licensee that the Application and/or Service may contain functionality which may be used by Licensee to make shipments through carriers other than FedEx. Licensee should contact the System Supplier to determine if the Service has multi- carrier capability. If so, Licensee agrees that it will look solely to such third party carriers for the terms under which Licensee may tender shipments to and have its shipments carried by such third party carriers and that, as between FedEx and Licensee, Licensee is solely responsible for its compliance with such third party carriers' terms of shipping and will look solely to such third party carriers for all remedies attributable to claims arising out of the third party carriers’ carriage of Licensee’s shipments. LICENSEE WILL DEFEND, INDEMNIFY AND HOLD HARMLESS FEDEX FROM ALL CLAIMS, DEMANDS AND JUDGMENTS, INCLUDING THE PAYMENT OF ATTORNEY’S FEES, FROM THIRD PARTY CARRIERS ARISING OUT OF LICENSEE’S USE OF THE SERVICES TO PROCESS SHIPMENTS TENDERED TO SUCH CARRIERS. (b) With respect to FedEx Services, Licensee agrees that domestic and international carriage by FedEx of any shipments tendered to FedEx pursuant to this Agreement or using the Application shall be in accordance with the terms, conditions and limitations of liability set out on the NONNEGOTIABLE Air Waybill, Label, Manifest, or Pick-Up Record (collectively “Shipping Documentation”) regarding the shipments and as appropriate any transportation agreement between Licensee and FedEx covering such shipment and in any applicable tariff, Service Guide or Standard Conditions of Carriage, copies of which are available upon request, and which are incorporated into this Agreement by reference. If there is a conflict regarding a shipment between the Shipping Documentation and any such document then in effect or this Agreement, the transportation agreement, tariff, Service Guide, Standard Conditions of Carriage, or this Agreement will control, in that order of priority. If a shipment originates outside the United States, the contract of carriage is with the FedEx subsidiary, branch, or independent contractor who originally accepts the shipment. (cb) In the event Licensee uses the Application and/or Service to process shipments tendered to FedEx for delivery to locations outside the United States or country of shipment originStates, Licensee will, at Licensee’s sole expense, assure that the terms and conditions of international carriage supplied by FedEx from time to time (and which may be amended or modified from time to time at the FedEx's sole discretion of FedExdiscretion) are placed on the Shipping Documentation, as instructed by FedEx, for all such international shipments. LICENSEE WILL SHALL DEFEND, INDEMNIFY AND HOLD HARMLESS FEDEX AND ITS REPRESENTATIVES FROM AND AGAINST ANY AND ALL LOSSESCLAIMS, DEMANDS, SUITS, DAMAGES, CLAIMS COSTS, EXPENSES, FINES AND OTHER ITEMS OF COST AND EXPENSE JUDGMENTS, INCLUDING REASONABLE ATTORNEY’S FEES, ARISING OUT OF LICENSEE’S 'S FAILURE TO APPLY THE INTERNATIONAL CARRIAGE TERMS TO THE SHIPPING DOCUMENTATION FOR SUCH INTERNATIONAL SHIPMENTS, INCLUDING WITHOUT LIMITATION CLAIMS FROM THE RECIPIENT OF ANY SHIPMENT, AND LICENSEE’S 'S FAILURE TO FOLLOW FEDEX'S INSTRUCTIONS OF FEDEX IN REGARD TO THE PLACEMENT OF THE TERMS ON THE SHIPPING DOCUMENTATION FOR SUCH INTERNATIONAL SHIPMENTS. (dc) Licensee acknowledges that if the Application and/or Service is used to process shipments to locations outside the United States or other country of shipment origin, Licensee must enter the name of the person completing the Shipping Documentation to print in lieu of its such person’s manual or script signature on the Shipping Documentation, as applicable, for all shipments tendered by Licensee to FedEx using the Application or ServiceApplication. Licensee further acknowledges that such printed name shall be sufficient to constitute the Licensee’s signature, and Licensee’s acceptance of FedEx FedEx's terms and conditions of carriage contained in the applicable transportation agreement, tariff, Service Guide, Standard Conditions, or Shipping Documentation, under which the shipment is accepted by FedEx, or its independent contractor. (ed) Unless otherwise indicated, the shipper's ’s address indicated on the face of any Shipping Documentation is the place of execution and the place of departure and the recipient's ’s address listed on the face of the Shipping Documentation is the place of destination. Unless otherwise indicated on the face of the Shipping Documentation the first carrier of all shipments is Federal Express CorporationFedEx Express, 0000 Xxxxx Xxxxx XxxxX.X. Xxx 000, Xxxxxxx, XX, XX 00000. In the event another carrier is listed on any such document, that carrier is the first carrier of the shipment. The address for FedEx Ground is X.X. Xxx 000, Xxxxxxxxxx, XX 00000.

Terms and Conditions of Carriage. (To the extent applicable to the FedEx Services available to Licensee through the Application: a) It is understood and agreed by Licensee that the Application and/or Service may contain functionality which may be used by Licensee to make shipments through carriers other than FedEx. Licensee should contact the System Supplier to determine if the Service has multi- carrier capability. If so, Licensee agrees that it will look solely to such third party carriers for the terms under which Licensee may tender shipments to and have its shipments carried by such third party carriers and that, as between FedEx and Licensee, Licensee is solely responsible for its compliance with such third party carriers' terms of shipping and will look solely to such third party carriers for all remedies attributable to claims arising out of the third party carriers’ carriage of Licensee’s shipments. LICENSEE WILL DEFEND, INDEMNIFY AND HOLD HARMLESS FEDEX FROM ALL CLAIMS, DEMANDS AND JUDGMENTS, INCLUDING THE PAYMENT OF ATTORNEY’S FEES, FROM THIRD PARTY CARRIERS ARISING OUT OF LICENSEE’S USE OF THE SERVICES TO PROCESS SHIPMENTS TENDERED TO SUCH CARRIERS. (b) With respect to FedEx Services, Licensee agrees that domestic and international carriage by FedEx of any shipments tendered to FedEx pursuant to this Agreement or using the Application shall be in accordance with the terms, conditions and the amounts of the limitations of liability set out on the NONNEGOTIABLE Air Waybill, Label, Manifest, or Pick-Up Record (collectively “"Shipping Documentation”") regarding the shipments and as appropriate any transportation agreement between Licensee and FedEx covering such shipment and in any applicable tariff, Service Guide or Standard Conditions of Carriage, copies of which are available upon request, and which are incorporated into this Agreement by reference. If there is a conflict regarding a shipment between the Shipping Documentation and any such document then in effect or this Agreement, the transportation agreement, tariff, Service Guide, Standard Conditions of Carriage, or this Agreement will control, in that order of priority. If a shipment originates outside the United States, the contract of carriage is with the FedEx subsidiary, branch, or independent contractor who originally accepts the shipment. (c) In the event Licensee uses the Application and/or Service to process shipments tendered to FedEx for delivery to locations outside the United States or country of shipment origin, Licensee will, at Licensee’s sole expense, assure that the terms and conditions of international carriage supplied by FedEx from time to time (and which may be amended or modified from time to time at the sole discretion of FedEx) are placed on the Shipping Documentation, as instructed by FedEx, for all such international shipments. LICENSEE WILL DEFEND, INDEMNIFY AND HOLD HARMLESS FEDEX AND ITS REPRESENTATIVES FROM AND AGAINST ANY AND ALL LOSSES, DAMAGES, CLAIMS AND OTHER ITEMS OF COST AND EXPENSE ARISING OUT OF LICENSEE’S FAILURE TO APPLY THE INTERNATIONAL CARRIAGE TERMS TO THE SHIPPING DOCUMENTATION FOR SUCH INTERNATIONAL SHIPMENTS, INCLUDING WITHOUT LIMITATION CLAIMS FROM THE RECIPIENT OF ANY SHIPMENT, AND LICENSEE’S FAILURE TO FOLLOW INSTRUCTIONS OF FEDEX IN REGARD TO THE PLACEMENT OF THE TERMS ON THE SHIPPING DOCUMENTATION FOR SUCH INTERNATIONAL SHIPMENTS. (db) Licensee acknowledges that if the Application and/or Service is used to process shipments to locations outside the United States or other country of shipment origin, Licensee must enter the name of the person completing the Shipping Documentation to print in lieu of its such person’s manual or script signature on the Shipping Documentation, as applicable, for all shipments tendered by Licensee to FedEx using the Application or ServiceApplication. Licensee further acknowledges that such printed name shall be sufficient to constitute the Licensee’s signature, and Licensee’s acceptance of FedEx FedEx's terms and conditions of carriage contained in the applicable transportation agreement, tariff, Service Guide, Standard Conditions, or Shipping Documentation, under which the shipment is accepted by FedEx, or its independent contractor. (ec) Unless otherwise indicated, the shipper's ’s address indicated on the face of any Shipping Documentation is the place of execution and the place of departure and the recipient's ’s address listed on the face of the Shipping Documentation is the place of destination. Unless otherwise indicated on the face of the Shipping Documentation the first carrier of all shipments is Federal Express CorporationFedEx Express, 0000 Xxxxx Xxxxx XxxxX.X. Xxx 000, Xxxxxxx, XX, XX 00000. In the event another carrier is listed on any such document, that carrier is the first carrier of the shipment. The address for FedEx Ground is X.X. Xxx 000, Xxxxxxxxxx, XX 00000.

Terms and Conditions of Carriage. (a) It is understood and agreed by Licensee that the Application and/or Service Product may contain functionality which may be used by Licensee to make shipments through carriers other than FedEx. Licensee should contact the System Supplier to determine if the Service has multi- carrier capability. If so, Licensee agrees that it will look solely to such third party carriers for the terms under which Licensee may tender shipments to and have its shipments carried by such third party carriers and that, as between FedEx and Licensee, Licensee is solely responsible for its compliance with such third party carriers' terms of shipping and will look solely to such third party carriers for all remedies attributable to claims arising out of the third party carriers’ carriage of Licensee’s shipments. LICENSEE WILL DEFEND, INDEMNIFY AND HOLD HARMLESS FEDEX AND ITS REPRESENTATIVE FROM ALL CLAIMS, DEMANDS AND JUDGMENTS, INCLUDING THE PAYMENT OF ATTORNEY’S ATTORNEYS FEES, FROM THIRD PARTY CARRIERS ARISING OUT OF LICENSEE’S USE OF THE SERVICES PRODUCT TO PROCESS SHIPMENTS TENDERED TO SUCH CARRIERS. (b) With respect to FedEx Services, Licensee agrees that domestic and international carriage by FedEx of any shipments tendered to FedEx pursuant to this Agreement or using the Application shall Product will be in accordance with the terms, conditions and limitations of liability set out on the NONNEGOTIABLE Air Waybill, Label, Manifest, or Pick-Up Record (collectively “Shipping Documentation”) and as appropriate any transportation agreement between Licensee and FedEx covering such shipment and in any applicable tariff, Service Guide or Standard Conditions of Carriage, copies of which are available upon request, and which are incorporated into this Agreement by reference. If there is a conflict between the Shipping Documentation and any such document then in effect or this Agreement, then the transportation agreement, tariff, Service Guide, Standard Conditions of Carriage, or this Agreement will control, in that order of priority. If a shipment originates outside the United States, the contract of carriage is with the FedEx subsidiary, branch, or independent contractor who originally accepts the shipment. (c) In the event Licensee uses the Application and/or Service Product to process shipments tendered to FedEx for delivery to locations outside the United States or country country/territory of shipment origin, Licensee will, at Licensee’s sole expense, assure that the terms and conditions of international carriage supplied by FedEx from time to time (and which may be amended or modified from time to time at the FedEx's sole discretion of FedExdiscretion) are placed on the Shipping Documentation, as instructed by FedEx, for all such international shipments. LICENSEE WILL DEFEND, INDEMNIFY AND HOLD HARMLESS FEDEX FEDEX, AND ITS REPRESENTATIVES REPRESENTATIVES, FROM AND AGAINST ANY AND ALL LOSSES, DAMAGES, CLAIMS AND OTHER ITEMS OF COST AND EXPENSE ARISING OUT OF LICENSEE’S FAILURE TO APPLY THE INTERNATIONAL CARRIAGE TERMS TO THE SHIPPING DOCUMENTATION FOR SUCH INTERNATIONAL SHIPMENTS, INCLUDING WITHOUT LIMITATION CLAIMS FROM THE RECIPIENT OF ANY SHIPMENT, AND LICENSEE’S FAILURE TO FOLLOW FEDEX'S INSTRUCTIONS OF FEDEX IN REGARD TO THE PLACEMENT OF THE TERMS ON THE SHIPPING DOCUMENTATION FOR SUCH INTERNATIONAL SHIPMENTS. (d) Licensee acknowledges that if the Application and/or Service Product is used to process shipments to locations outside the United States or country country/territory of shipment origin, Licensee must enter the name of the person completing the Shipping Documentation to print in lieu of its manual signature on the Shipping Documentation, as applicable, for all shipments tendered by Licensee to FedEx using the Application or ServiceProduct. Licensee further acknowledges that such printed name shall will be sufficient to constitute the Licensee’s signature, and Licensee’s acceptance of FedEx FedEx's terms and conditions of carriage contained in the applicable transportation agreement, tariff, Service Guide, Standard Conditions, or Shipping Documentation, under which the shipment is accepted by FedEx, or its independent contractor. (e) Unless otherwise indicated, the shipper's address indicated on the face of any Shipping Documentation is the place of execution and the place of departure and the recipient's address listed on the face of the Shipping Documentation is the place of destination. Unless otherwise indicated on the face of the Shipping Documentation the first carrier of all shipments is Federal Express Corporation, 0000 Xxxxx Xxxxx Xxxx, Xxxxxxx, XX, 00000. In the event another carrier is listed on any such document, that carrier is the first carrier of the shipment. The address for FedEx Ground is X.X. Xxx 000, Xxxxxxxxxx, XX 00000.

Terms and Conditions of Carriage. (a) It is understood and agreed by Licensee End User that the Application and/or Service may contain functionality which may be used by Licensee End User to make shipments through carriers other than FedEx. Licensee End User should contact the System Supplier to determine if the Service has multi- carrier capability. If so, Licensee End User agrees that it will look solely to such third party carriers for the terms under which Licensee End User may tender shipments to and have its shipments carried by such third party carriers and that, as between FedEx and LicenseeEnd User, Licensee End User is solely responsible for its compliance with such third party carriers' terms of shipping and will look solely to such third party carriers for all remedies attributable to claims arising out of the third party carriers’ carriage of LicenseeEnd User’s shipments. LICENSEE WILL DEFENDEnd User will defend, INDEMNIFY AND HOLD HARMLESS FEDEX FROM ALL CLAIMSindemnify and hold harmless FedEx from all claims, DEMANDS AND JUDGMENTSdemands and judgments, INCLUDING THE PAYMENT OF ATTORNEY’S FEESincluding the payment of attorney’s fees, FROM THIRD PARTY CARRIERS ARISING OUT OF LICENSEE’S USE OF THE SERVICES TO PROCESS SHIPMENTS TENDERED TO SUCH CARRIERSfrom third party carriers arising out of End User’s use of the Services to process shipments tendered to such carriers. (b) With respect to FedEx Services, Licensee End User agrees that domestic and international carriage by FedEx of any shipments tendered to FedEx pursuant to this Agreement or using the Application shall be in accordance with the terms, conditions and limitations of liability set out on the NONNEGOTIABLE Air Waybill, Label, Manifest, or Pick-Up Record (collectively “Shipping Documentation”) and as appropriate any transportation agreement between Licensee End User and FedEx covering such shipment and in any applicable tariff, Service Guide or Standard Conditions of Carriage, copies of which are available upon request, and which are incorporated into this Agreement by reference. If there is a conflict between the Shipping Documentation and any such document then in effect or this Agreement, the transportation agreement, tariff, Service Guide, Standard Conditions of Carriage, or this Agreement will control, in that order of priority. If a shipment originates outside the United States, the contract of carriage is with the FedEx subsidiary, branch, or independent contractor who originally accepts the shipment. (c) In the event Licensee uses the Application and/or Service to process shipments tendered to FedEx for delivery to locations outside the United States or country of shipment origin, Licensee will, at Licensee’s sole expense, assure that the terms and conditions of international carriage supplied by FedEx from time to time (and which may be amended or modified from time to time at the sole discretion of FedEx) are placed on the Shipping Documentation, as instructed by FedEx, for all such international shipments. LICENSEE WILL DEFEND, INDEMNIFY AND HOLD HARMLESS FEDEX AND ITS REPRESENTATIVES FROM AND AGAINST ANY AND ALL LOSSES, DAMAGES, CLAIMS AND OTHER ITEMS OF COST AND EXPENSE ARISING OUT OF LICENSEE’S FAILURE TO APPLY THE INTERNATIONAL CARRIAGE TERMS TO THE SHIPPING DOCUMENTATION FOR SUCH INTERNATIONAL SHIPMENTS, INCLUDING WITHOUT LIMITATION CLAIMS FROM THE RECIPIENT OF ANY SHIPMENT, AND LICENSEE’S FAILURE TO FOLLOW INSTRUCTIONS OF FEDEX IN REGARD TO THE PLACEMENT OF THE TERMS ON THE SHIPPING DOCUMENTATION FOR SUCH INTERNATIONAL SHIPMENTS. (d) Licensee acknowledges that if the Application and/or Service is used to process shipments to locations outside the United States or country of shipment origin, Licensee must enter the name of the person completing the Shipping Documentation to print in lieu of its manual signature on the Shipping Documentation, as applicable, for all shipments tendered by Licensee to FedEx using the Application or Service. Licensee further acknowledges that such printed name shall be sufficient to constitute the Licensee’s signature, and Licensee’s acceptance of FedEx terms and conditions of carriage contained in the applicable transportation agreement, tariff, Service Guide, Standard Conditions, or Shipping Documentation, under which the shipment is accepted by FedEx, or its independent contractor. (e) Unless otherwise indicated, the shipper's address indicated on the face of any Shipping Documentation is the place of execution and the place of departure and the recipient's address listed on the face of the Shipping Documentation is the place of destination. Unless otherwise indicated on the face of the Shipping Documentation the first carrier of all shipments is Federal Express Corporation, 0000 Xxxxx Xxxxx Xxxx, Xxxxxxx, XX, 00000. In the event another carrier is listed on any such document, that carrier is the first carrier of the shipment. The address for FedEx Ground is X.X. Xxx 000, Xxxxxxxxxx, XX 00000.

Terms and Conditions of Carriage. (a) It is understood and agreed by Licensee that the Application and/or Service Software may contain functionality which may be used by Licensee to make shipments through carriers other than FedEx. Licensee should contact the System Supplier Software Manufacturer to determine if the Service Software has multi- multi-carrier capability. If so, Licensee agrees that it will look solely to such third party carriers for the terms under which Licensee may tender shipments to and have its shipments carried by such third party carriers and that, as between FedEx and Licensee, Licensee is solely responsible for its compliance with such third party carriers' terms of shipping and will look solely to such third party carriers for all remedies attributable to claims arising out of the third party carriers’ carriage of Licensee’s shipments. LICENSEE WILL DEFEND, INDEMNIFY AND HOLD HARMLESS FEDEX FROM ALL CLAIMS, DEMANDS AND JUDGMENTS, INCLUDING THE PAYMENT OF ATTORNEY’S FEES, FROM THIRD PARTY CARRIERS ARISING OUT OF LICENSEE’S USE OF THE SERVICES SOFTWARE TO PROCESS SHIPMENTS TENDERED TO SUCH CARRIERS. (b) With respect to FedEx Services, Licensee agrees that domestic and international carriage by FedEx of any shipments tendered to FedEx pursuant to this Agreement or using the Application shall be in accordance with the terms, conditions and limitations of liability set out on the NONNEGOTIABLE Air Waybill, Label, Manifest, or Pick-Up Record (collectively “"Shipping Documentation”" ) and as appropriate any transportation agreement between Licensee and FedEx covering such shipment and in any applicable tariff, Service Guide or Standard Conditions of Carriage, copies of which are available upon request, and which are incorporated into this Agreement by reference. If there is a conflict between the Shipping Documentation and any such document then in effect or this Agreement, the transportation agreement, tariff, Service Guide, Standard Conditions of Carriage, or this Agreement will control, in that order of priority. If a shipment originates outside the United States, the contract of carriage is with the FedEx subsidiary, branch, or independent contractor who originally accepts the shipment. (c) In the event Licensee uses the Application and/or Service Software to process shipments tendered to FedEx for delivery to locations outside the United States or country of shipment origin, Licensee will, at Licensee’s sole expense, assure that the terms and conditions of international carriage supplied by FedEx from time to time (and which may be amended or modified from time to time at the FedEx's sole discretion of FedExdiscretion) are placed on the Shipping Documentation, as instructed by FedEx, for all such international shipments. LICENSEE WILL DEFEND, INDEMNIFY AND HOLD HARMLESS FEDEX AND ITS REPRESENTATIVES FROM AND AGAINST ANY AND ALL LOSSES, DAMAGES, CLAIMS AND OTHER ITEMS OF COST AND EXPENSE ARISING OUT OF LICENSEE’S FAILURE TO APPLY THE INTERNATIONAL CARRIAGE TERMS TO THE SHIPPING DOCUMENTATION FOR SUCH INTERNATIONAL SHIPMENTS, INCLUDING WITHOUT LIMITATION CLAIMS FROM THE RECIPIENT OF ANY SHIPMENT, AND LICENSEE’S FAILURE TO FOLLOW INSTRUCTIONS OF FEDEX IN REGARD TO THE PLACEMENT OF THE TERMS ON THE SHIPPING DOCUMENTATION FOR SUCH INTERNATIONAL SHIPMENTS.WITHOUT (d) Licensee acknowledges that if the Application and/or Service Software is used to process shipments to locations outside the United States or country of shipment origin, Licensee must enter the name of the person completing the Shipping Documentation to print in lieu of its manual signature on the Shipping Documentation, as applicable, for all shipments tendered by Licensee to FedEx using the Application or ServiceSoftware. Licensee further acknowledges that such printed name shall be sufficient to constitute the Licensee’s signature, and Licensee’s acceptance of FedEx FedEx's terms and conditions of carriage contained in the applicable transportation agreement, tariff, Service Guide, Standard Conditions, or Shipping Documentation, under which the shipment is accepted by FedEx, or its independent contractor. (e) Unless otherwise indicated, the shipper's address indicated on the face of any Shipping Documentation is the place of execution and the place of departure and the recipient's address listed on the face of the Shipping Documentation is the place of destination. Unless otherwise indicated on the face of the Shipping Documentation the first carrier of all shipments is Federal Express Corporation, 0000 Xxxxx Xxxxx Xxxx, Xxxxxxx, XX, 00000. In the event another carrier is listed on any such document, that carrier is the first carrier of the shipment. The address for FedEx Ground is X.X. Xxx 000, Xxxxxxxxxx, XX 00000.

Terms and Conditions of Carriage. (a) It is understood and agreed by Licensee that the Application and/or Service may contain functionality which may be used by Licensee to make shipments through carriers other than FedEx. Licensee should contact the System Supplier to determine if the Service has multi- multi-carrier capability. If so, Licensee agrees that it will look solely to such third party carriers for the terms under which Licensee may tender shipments to and have its shipments carried by such third party carriers and that, as between FedEx and Licensee, Licensee is solely responsible for its compliance with such third party carriers' terms of shipping and will look solely to such third party carriers for all remedies attributable to claims arising out of the third party carriers’ carriage of Licensee’s shipments. LICENSEE WILL DEFEND, INDEMNIFY AND HOLD HARMLESS FEDEX FROM ALL CLAIMS, DEMANDS AND JUDGMENTS, INCLUDING THE PAYMENT OF ATTORNEY’S ATTORNEYS FEES, FROM THIRD PARTY CARRIERS ARISING OUT OF LICENSEE’S USE OF THE SERVICES TO PROCESS SHIPMENTS TENDERED TO SUCH CARRIERS. (b) With respect to FedEx Services, Licensee agrees that domestic and international carriage by FedEx of any shipments tendered to FedEx pursuant to this Agreement or using orusing the Application shall be in accordance with the terms, conditions and limitations of liability set out on the NONNEGOTIABLE Air Waybill, Label, Manifest, or Pick-Up Record (collectively “"Shipping Documentation”") and as appropriate any transportation agreement between Licensee and FedEx covering such shipment and in any applicable tariff, Service Guide or Standard Conditions of Carriage, copies of which are available upon request, and which are incorporated into this Agreement by reference. If there is a conflict between the Shipping Documentation and any such document then in effect or this Agreement, the transportation agreement, tariff, Service Guide, Standard Conditions of Carriage, or this Agreement will control, in that order of priority. If a shipment originates outside the United States, the contract of carriage is with the FedEx subsidiary, branch, or independent contractor who originally accepts the shipment. (c) In the event Licensee uses the Application and/or Service to process shipments tendered to FedEx for delivery to locations outside the United States or country of shipment origin, Licensee will, at Licensee’s sole expense, assure that the terms and conditions of international carriage supplied by FedEx from time to time (and which may be amended or modified from time to time at the FedEx's sole discretion of FedExdiscretion) are placed on the Shipping Documentation, as instructed by FedEx, for all such international shipments. LICENSEE WILL DEFEND, INDEMNIFY AND HOLD HARMLESS FEDEX AND ITS REPRESENTATIVES FROM AND AGAINST ANY AND ALL LOSSES, DAMAGES, CLAIMS AND OTHER ITEMS OF COST AND EXPENSE ARISING OUT OF LICENSEE’S FAILURE TO APPLY THE INTERNATIONAL CARRIAGE TERMS TO THE SHIPPING DOCUMENTATION FOR SUCH INTERNATIONAL SHIPMENTS, INCLUDING WITHOUT LIMITATION CLAIMS FROM THE RECIPIENT OF ANY SHIPMENT, AND LICENSEE’S FAILURE TO FOLLOW FEDEX'S INSTRUCTIONS OF FEDEX IN REGARD TO THE PLACEMENT OF THE TERMS ON THE SHIPPING DOCUMENTATION FOR SUCH INTERNATIONAL SHIPMENTS. (d) Licensee acknowledges that if the Application and/or Service is used to process shipments to locations outside the United States or country of shipment origin, Licensee must enter the name of the person completing the Shipping Documentation to print in lieu of its manual signature on the Shipping Documentation, as applicable, for all shipments tendered by Licensee to FedEx using the Application or Service. Licensee further acknowledges that such printed name shall be sufficient to constitute the Licensee’s signature, and Licensee’s acceptance of FedEx FedEx's terms and conditions of carriage contained in the applicable transportation agreement, tariff, Service Guide, Standard Conditions, or Shipping Documentation, under which the shipment is accepted by FedEx, or its independent contractor. (e) Unless otherwise indicated, the shipper's address indicated on the face of any Shipping Documentation is the place of execution and the place of departure and the recipient's address listed on the face of the Shipping Documentation is the place of destination. Unless otherwise indicated on the face of the Shipping Documentation the first carrier of all shipments is Federal Express Corporation, 0000 Xxxxx Xxxxx Xxxx, Xxxxxxx, XX, 00000. In the event another carrier is listed on any such document, that carrier is the first carrier of the shipment. The address for FedEx Ground is X.X. Xxx 000, Xxxxxxxxxx, XX 00000.