Xxxxxxx’s Coordination / Relationship with Railroads Sample Clauses

Xxxxxxx’s Coordination / Relationship with Railroads i. For all Intermodal Services hereunder, Carrier shall contract directly with railroads. For purposes of the Agreement and this Intermodal Transportation Addendum, railroads shall be considered subcontractors of Carrier. Carrier shall require that the railroads agree to be liable for Intermodal shipments entrusted to them to the fullest extent of 49 U.S.C. §14706. ii. Carrier shall require that the railroads shall be liable to and pay Shipper for the full actual loss, damage or injury occurring to the shipments arising out of the Intermodal Services, in accordance with 49 U.S.C. § 14706 and the terms of this Agreement. iii. Xxxxxxx shall notify Xxxxxxx promptly by telephone and follow up in writing when it discovers that Xxxxxxx will not be able to deliver a shipment due to accident, damage, theft or any other cause, or that there will be a substantial delay. Carrier does not guarantee the delivery date or time of any given shipment. iv. Xxxxxxx agrees to provide coordination with all rail carriers, trailer leasing companies and any other equipment suppliers to ensure an adequate supply of equipment to meet Xxxxxxx’s needs hereunder, subject to Xxxxxxx’s approval. v. Carrier shall provide, at its sole cost and expense, all personnel, tractors, trailers, vehicles, fuel, parts, supplies and equipment necessary or required for the safe and efficient operation, maintenance and performance of Carrier’s obligations under this Intermodal Transportation Addendum. Shipper shall have the right to inspect any equipment used in contemplation of the Intermodal Services at any time to determine if such equipment meets the standards stated herein. vi. Carrier, at its sole cost and expense, shall procure and maintain all licenses and permits and pay all charges and fees required by local, state or federal authorities with respect to the transportation and related services rendered hereunder and shall comply with all applicable laws and regulations pertaining to such transportation and services. vii. Carrier, at its sole cost and expense, shall employ in the operation of the equipment and the performance of services only competent, able and legally licensed personnel. viii. Carrier recognizes Shipper’s need for equipment suitable for the transportation of food and related articles for the manufacturing and packaging of food products and hereby agrees that neither the Carrier nor any subsidiary, affiliate, subcontractor, representative or other agent will use equipment pre...
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Related to Xxxxxxx’s Coordination / Relationship with Railroads

  • Confidentiality (a) Subject to Section 7.15(c), during the Term and for a period of three

  • Termination In the event that either Party seeks to terminate this DPA, they may do so by mutual written consent so long as the Service Agreement has lapsed or has been terminated. Either party may terminate this DPA and any service agreement or contract if the other party breaches any terms of this DPA.

  • Force Majeure If by reason of Force Majeure, either party hereto shall be rendered unable wholly or in part to carry out its obligations under this Agreement through no fault of its own then such party shall give notice and full particulars of Force Majeure in writing to the other party within a reasonable time after occurrence of the event or cause relied upon. Upon delivering such notice, the obligation of the affected party, so far as it is affected by such Force Majeure as described, shall be suspended during the continuance of the inability then claimed but for no longer period, and such party shall endeavor to remove or overcome such inability with all reasonable dispatch. In the event that Vendor’s obligations are suspended by reason of Force Majeure, all TIPS Sales accepted prior to the Force Majeure event shall be the legal responsibility of Vendor and the terms of the TIPS Sale Supplemental Agreement shall control Vendor’s failure to fulfill for a Force Majeure event.

  • Entire Agreement This DPA and the Service Agreement constitute the entire agreement of the Parties relating to the subject matter hereof and supersedes all prior communications, representations, or agreements, oral or written, by the Parties relating thereto. This DPA may be amended and the observance of any provision of this DPA may be waived (either generally or in any particular instance and either retroactively or prospectively) only with the signed written consent of both Parties. Neither failure nor delay on the part of any Party in exercising any right, power, or privilege hereunder shall operate as a waiver of such right, nor shall any single or partial exercise of any such right, power, or privilege preclude any further exercise thereof or the exercise of any other right, power, or privilege.

  • Notices Any notice, request or other document required or permitted to be given or delivered to the Holder by the Company shall be delivered in accordance with the notice provisions of the Purchase Agreement.

  • Insurance The Company and the Subsidiaries are insured by insurers of recognized financial responsibility against such losses and risks and in such amounts as are prudent and customary in the businesses in which the Company and the Subsidiaries are engaged, including, but not limited to, directors and officers insurance coverage. Neither the Company nor any Subsidiary has any reason to believe that it will not be able to renew its existing insurance coverage as and when such coverage expires or to obtain similar coverage from similar insurers as may be necessary to continue its business without a significant increase in cost.

  • WHEREAS the Company desires the Warrant Agent to act on behalf of the Company, and the Warrant Agent is willing to so act, in connection with the issuance, registration, transfer, exchange, redemption and exercise of the Warrants; and

  • Miscellaneous The Vendor acknowledges and agrees that continued participation in TIPS is subject to TIPS sole discretion and that any Vendor may be removed from the participation in the Program at any time with or without cause. Nothing in the Agreement or in any other communication between TIPS and the Vendor may be construed as a guarantee that TIPS or TIPS Members will submit any orders at any time. TIPS reserves the right to request additional proposals for items or services already on Agreement at any time.

  • General The Trustee shall keep proper books of record and account of all the transactions of each Trust under this Indenture at its corporate trust office, including a record of the name and address of, and the Units issued by each Trust and held by, every Unit holder, and such books and records of each Trust shall be open to inspection by any Unit holder of such Trust at all reasonable times during the usual business hours. The Trustee shall make such annual or other reports as may from time to time be required under any applicable state or federal statute or rule or regulations thereunder.

  • Governing Law This Agreement shall be governed by and construed in accordance with the laws of the State of New York.

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