AGREEMENT CONTRACT NO. _______
EQUIPMENT AND SERVICE AGREEMENT
BETWEEN INDEPENDENT CONTRACTOR AND XXXXX XxXXXXXXX TRUCKING COMPANY. INC.
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Xxxxx XxXxxxxxx Trucking Company, Inc. (hereinafter referred to as
"XxXXXXXXX") and __________________________________ hereinafter referred to as
"CONTRACTOR"), enter into the Equipment and Service Agreement (hereinafter
referred to as "Agreement") set forth in the following numbered paragraphs:
1. CONTRACTOR, XxXXXXXXX RELA~TIONSHIP DEFINED - CONTRACTOR's
relationship to XxXXXXXXX shall be that of an independent contractor. CONTRACTOR
means any person defined as "CONTRACTOR" in 49 C.F.R. 1057, and any contractor,
agent, employee or driver of CONTRACTOR. XxXXXXXXX is an "authorized carrier" as
defined in 49 C.F.R. 1057. The provisions of this Agreement are separable so
that the invalidity or unenforceability of one provision shall not affect the
others. XxXXXXXXX'x "exclusive possession, control, use and complete
responsibility for operation" of EQUIPMENT, shall be confined to the minimum
extent necessary to meet the requirements of applicable Federal and State laws,
and for no other purpose whatsoever. XxXXXXXXX shall have no right to control
the manner, means or methods utilized by CONTRACTOR for the accomplishment of
the services to be rendered under this Agreement. It is understood that
CONTRACTOR shall direct the control of CONTRACTOR's operation in all respects
including, but not limited to, such matters as rejection or selection of loads,
days and time of the operation, routes of travel, empty miles, repair of
equipment, purchases of fuel and other supplies, and selection, discipline and
discharge of CONTRACTOR's drivers and other employees. This Agreement shall be
interpreted under the laws of the State of Alabama.
2. DUTIES OF CONTRACTOR - Contractor shall:
A. Operate the subject equipment in a lawful manner.
B. Provide that each driver furnished by CONTRACTOR will
initially meet and will thereafter continue to satisfy the
minimum driver qualification and compliance standards
established from time to time by (I) the U.S. Department of
Transportation or any successor agency (the "D.O.T."); (ii)
other regulatory bodies having jurisdiction over XxXXXXXXX
operations; and (iii) by XxXXXXXXX itself. Upon XxXXXXXXX
request, CONTRACTOR will immediately substitute a qualified
driver for any person who fails to meet or maintain any such
minimum qualification and/or compliance standards or who
fails to comply with XxXXXXXXX'x operating policies and
procedures. Failure to do so will constitute a material
breach of CONTRACTOR's obligations under this Agreement.
C. Provide proof that CONTRACTOR holds title to and/or has
authority to lease the equipment described in attached
Appendix A.
D. Maintain complete documentation of all costs of operation as
defined in Paragraph 6.
E. Warrant that its drivers are familiar with and obey all
applicable State or Federal laws and regulations.
F. Warrant its full cooperation in achieving compliance with
all laws and regulations, including the filing of all
physical examination certificates and any other reports or
documents required by law or by McCLEN DON.
G. Warrant that the equipment is complete with all required
accessories and is in good, safe and efficient operating
condition, and shall be so maintained at CONTRACTOR's expense
throughout the duration of this Agreement.
H. Submit the equipment for XxXXXXXXX'x inspection at any time.
I. Permit XxXXXXXXX to display its identification on equipment
in a manner required by XxXXXXXXX and by all applicable laws
or regulations.
INITIALS: CONTRACTOR ______ XXXXXXXXX _____
1
J. Receive and retain a receipt from XxXXXXXXX stating the date
and time when XxXXXXXXX takes possession of the equipment.
3. TERM - This Agreement shall commence on the effective date and hour
specified and continue in effect until breached by either party, or until
terminated. This Agreement shall be terminated by mailing or delivery to the
other party at the address listed below, two copies of a written Notice of
Termination, which shall be effective either upon receipt of the Notice of
Termination from the other party, or at such later date as may be specified in
that Notice. The party receiving Notice of Termination shall receipt the copy of
such Notice and return such receipted copy to the other party. Without excluding
other breaches, any failure to furnish EQUIPMENT, or any use of EQUIPMENT by
CONTRACTOR, or by any person other than XxXXXXXXX prior to termination is
specifically designated breach of this Agreement, which prevents and therefore
terminates XxXXXXXXX'x exclusive possession, control, use and complete
responsibility for said EQUIPMENT; in such event, this Agreement is
automatically terminated. Termination automatically constitutes a return of
EQUIPMENT by XxXXXXXXX to CONTRACTOR.
4. RESPONSIBILITY OF CONTRACTOR UPON TERMINATION OF AGREEMENT -
CONTRACTOR agrees upon termination of Agreement, to immediately return
XxXXXXXXX'x trailers, and other property to XxXXXXXXX, and remove from EQUIPMENT
any decals, insignia, emblems or markings that would indicate a relationship
with XxXXXXXXX. CONTRACTOR agrees to deliver to XxXXXXXXX within forty-eight
(48) hours after termination of the Agreement, all property owned by XxXXXXXXX,
including keys, key cards, fuel cards, cab cards, permits, and plates. XxXXXXXXX
shall be entitled to assess Twenty-Five Dollars ($25.00) per day for each day
after the forty-eight hour period that CONTRACTOR retains the foregoing items.
Should CONTRACTOR fail to return XxXXXXXXX'x property, XxXXXXXXX shall have the
right to repossess all such property without legal action, and to enter the
private property of CONTRACTOR for the purpose of repossession. CONTRACTOR
hereby consents to such entry and repossession by XxXXXXXXX and waives any right
to have such matter heard by a judicial body. CONTRACTOR agrees to indemnify
XxXXXXXXX for all costs incurred as the result of CONTRACTOR's failure to
relinquish XxXXXXXXX'x trailers or other property to XxXXXXXXX, and for
XxXXXXXXX'x cost in repossessing such property. All carrier identification must
be removed or concealed when XxXXXXXXX'x possession is interrupted by
CONTRACTOR's trip lease.
5. COMPENSATION - XxXXXXXXX agrees to pay CONTRACTOR for the use of
CONTRACTOR's EQUIPMENT according to the following provisions:
A. COMPENSATION MILEAGE: $.82 per loaded and empty mile
authorized by XxXXXXXXX Operations Department and determined
using the current Rand XxXxxxx "MileMaker" direct miles.
Payments will be made on the basis of the distances determined
by the current Edition of the Xxxxx XxXxxxx MileMaker program
("MileMaker Miles") from the point at which the shipment
originates, via any intermediate points where required
pick-ups or deliveries are made, to the point at which the
shipment is delivered even if the miles traveled over the
route actually selected by the CONTRACTOR are less or more
than the MileMaker Miles. XxXXXXXXX may deduct miles to be
paid or charge for expenses as a result of: (1) any empty
miles which were unauthorized or not at the direction of
XxXXXXXXX, and (2) any extra expenses or excess and circuitous
miles created as a result of CONTRACTOR dropping a load
without authorization. The miles or amounts deducted may
include the total non-direct, or circuitous, miles created as
result of the drop plus any miles or extra expenses --
incurred to have the load re--powered and delivered by
XxXXXXXXX to it's customer on time.
INITIALS: CONTRACTOR ______ XXXXXXXXX _____
2
If the CONTRACTOR was late in delivering a previous
shipment without good cause, no compensation will be
paid for Dispatched Empty Miles to the next loading
point.
B. ACCESSORIAL PAY:
1. LOADING AND UNLOADING - When contractor is
required to physically load or unload by
hand, as defined in XxXXXXXXX'x tariffs,
(without the assistance of fork--lift,
pallet xxxx, or other freight handling
equipment, or employees of customer), and
authorized by XxXXXXXXX Operations
Department, compensation will be as follows:
$80.00 Complete Load and/or Unload per
shipment $40.00 Assist Load and/or Unload
per shipment
At the time loading or unloading is
performed, CONTRACTOR's driver must obtain a
XxXXXXXXX "loading/unloading authorization
number" ("Authorization Number"), signed by
the shipper/receiver, in order to verify the
request to be compensated for
loading/unloading services. No
loading/unloading compensation will be paid
for a trip for which the "Authorization
Number" is not turned in with the trip
report.
If the CONTRACTOR is required to load or
unload by hand xxxx or pallet xxxx, the
CONTRACTOR will be paid a flat rate of
$15.00.
2. STOP-OFFS-- XxXXXXXXX will pay $30.00 for
each stop-off for pickup or partial
delivery. This does not apply to the initial
stop-off for pick up, and the final stop-off
for delivery.
3. AUTHORIZED TOLLS - XxXXXXXXX agrees to pay
tolls for the Northeast Region. The
Northeast Region is defined as the
following: PA, MD, DE, NY, NJ, MA, RI, NH
and ME.
Payments by XxXXXXXXX to CONTRACTOR for the use and operation of
EQUIPMENT shall be paid within fifteen (15) days after submission by CONTRACTOR
to XxXXXXXXX of log books required by the Department of Transportation, and
those documents necessary for XxXXXXXXX to secure payment of the trip revenues.
Payment of trip revenues is contingent upon submission of all Bills of Lading.
At the time of settlement, CONTRACTOR shall have the right to examine the Rand
XxXxxxx MileMaker System for trips involved in settlement. At the time of
settlement, XxXXXXXXX may deduct from CONTRACTOR's compensation the following
items (1) advances (including transaction charges), (2) Communication charges
limited to Qualcomm respecting CONTRACTOR, (3) shortage, loss and/or damage to
cargo or property caused by CONTRACTOR, including, but not limited to, handling
and storage charges due to shifting or spillage of cargo, (4) inspection fees,
(5) any of CONTRACTOR's costs of operation paid for by, or owed to, XxXXXXXXX,
(6) pick up and delivery charges, (7) amounts authorized by CONTRACTOR, (8) any
other amount owing to XxXXXXXXX or which XxXXXXXXX is authorized to deduct
pursuant to this Agreement or any other similar agreement between CONTRACTOR and
XxXXXXXXX.
INITIALS: CONTRACTOR ______ XXXXXXXXX _____
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6. CONTRACTOR'S COSTS OF OPERATION - CONTRACTOR shall have the legal
obligation to pay, and XxXXXXXXX may deduct, all costs of operation of EQUIPMENT
which shall include, but not be limited to, the following:
A. Qualcomm Charges
B. Fuel
C. Fuel Taxes
D. Unauthorized Tolls
X. XxXXXXXXX agrees to pay tolls for the Northeast Region. The
Northeast Region is defined as the following: PA, MD, DE, NY,
NJ, MA, RI, NH and ME.
X. XxXXXXXXX agrees to furnish base plates, permits, cab cards,
and public service commission stamps to CONTRACTOR. However,
the parties agree that if this Agreement is terminated by
either party within six months of the date of execution,
XxXXXXXXX will deduct a pro-rata share of the cost of these
items from the CONTRACTOR's final escrow settlement.
G. Maintenance Cost.
H. Wages and renumeration of drivers and helpers.
I. Worker's Compensation, unemployment insurance, social
security or similar taxes, insurance or benefits on drivers
or helpers, and in connection therewith, CONTRACTOR shall be
responsible for all payroll tax or other deduction required
by applicable Federal, State and Local law.
J. Axle, Weight, Federal Highway Use (Schedule 2290), or other
type of taxes required for use of EQUIPMENT in services to be
rendered under this Agreement.
K. Any and all fines, or penalties or charges assessed XxXXXXXXX
resulting from actions or acts or negligence by CONTRACTOR
and it's drivers, helpers, or agents; but not fines,
penalties and/or charges which are due to the fault of
XxXXXXXXX. Damages to cargo caused by fault or neglect of
CONTRACTOR, CONTRACTOR's driver or agent, except damages
caused by the fault of XxXXXXXXX, up to a maximum of $1,000
per occurrence; and public liability or property damage
caused by CONTRACTOR's driver, or other agent, up to a
maximum of $1,000 per occurrence. XxXXXXXXX shall provide
CONTRACTOR with written explanation and itemization of any
charges made hereunder.
L. D.O.T. physical examination and drug screen - XxXXXXXXX will
accept a valid physical that was conducted during the
previous 3 months. CONTRACTOR may be subjected to random drug
screening thereafter.
M. In the event that this Agreement is terminated by the
CONTRACTOR, and the CONTRACTOR does not return the trailer(s)
to a XxXXXXXXX terminal, XxXXXXXXX may charge for or deduct
all cost(s) associated with the retrieval of the trailer(s)
In the event XxXXXXXXX is called upon to pay any of CONTRACTOR's cost
of operation, such payment shall be considered as a charge-back item to
CONTRACTOR, and XxXXXXXXX is hereby authorized to reimburse itself for the exact
amount of such charge-back items out of any monies due, or becoming due to
CONTRACTOR, including CONTRACTOR's escrow fund (see Section 11), XxXXXXXXX shall
provide CONTRACTOR with those documents necessary to determine the validity of
the charge-back.
7. INSURANCE - XxXXXXXXX shall furnish and pay the cost of public
liability, property damage insurance for the protection of the public.
CONTRACTOR shall obtain and maintain all other required insurance coverage,
including, but not limited to, "non-trucking use liability" (bobtail) insurance
providing a minimum of $1,000,000 per occurrence combined with single limit
Bodily Injury and Property Damage liability coverage. CONTRACTOR shall provide
XxXXXXXXX with a Certificate of Insurance of such coverage by an insurer
satisfactory to XxXXXXXXX. CONTRACTOR shall also obtain and maintain property
INITIALS: CONTRACTOR _____ XXXXXXXXX ____
4
damage insurance covering the equipment while not being operated in the service
of XxXXXXXXX, including coverage for collision, fire, theft, catastrophe or
other occurrence. CONTRACTOR shall further obtain and maintain accident
injury/disability insurance coverage satisfactory to XxXXXXXXX covering
CONTRACTOR's employees or drivers. The above-referenced insurance shall remain
in full effect until such time said Agreement has been terminated and all the
property of XxXXXXXXX, including, but not limited to, trailers, qualcomm units,
base plates, decals, permit books, etc. have been returned to XxXXXXXXX.
8. TRAILERS -
A. Furnishing of Trailers. XxXXXXXXX agrees to allow
CONTRACTOR to use trailers owned or leased by
XxXXXXXXX (the "Trailers") for the sole purpose of
permitting CONTRACTOR to transport freight accepted
by CONTRACTOR pursuant to this Agreement. CONTRACTOR
agrees to assume complete responsibility for the
Trailers and to use them ~nj~ for the purpose of
transporting freight hereunder or while deadheading
at XxXXXXXXX'x request. In the event CONTRACTOR uses
the Trailers for any other purpose, XxXXXXXXX shall,
in addition to any other remedies, be entitled to
liquidated damages for loss of use of each such
Trailer in the amount of twenty cents ($.20) per mile
of unauthorized use plus Fifty Dollars ($50.00) for
each day, or portion of a day, of such unauthorized
use. Unauthorized use of the Trailers shall
constitute a material breach of this Agreement.
XxXXXXXXX shall have the right to deduct the amount
of such liquidated damages from the CONTRACTORS's
Settlements or escrow account.
B. Surrender of Possession. CONTRACTOR agrees to
relinquish possession of each Trailer in accordance
with XxXXXXXXX'x instructions following delivery of
the shipment transported in such Trailer, or upon
demand by XxXXXXXXX. Upon termination of this
Agreement CONTRACTOR agrees to return possession of
all of the Trailers in CONTRACTOR's custody to
XxXXXXXXX at XxXXXXXXX'x nearest terminal location or
such other location as XxXXXXXXX may reasonably
designate. In the event of breach or default by
CONTRACTOR of its obligation to surrender possession
of any Trailer, CONTRACTOR shall be liable to
XxXXXXXXX for all expenses and damages, including,
but not limited to, attorney's fees, court costs and
loss of use, incurred by XxXXXXXXX in reacquiring
possession of the Trailer(s). In the event CONTRACTOR
retains custody of a Trailer or otherwise fails or
refuses to deliver possession thereof to XxXXXXXXX
following delivery of a shipment upon demand or upon
termination of this Agreement, in addition to any
other remedies available to XxXXXXXXX, CONTRACTOR
shall be liable to Carrier in the amount of One
Hundred Dollars ($100.00) per day, per trailer, for
each day or portion thereof that the Trailer is not
returned to the actual or constructive possession of
XxXXXXXXX not as a penalty, but as liquidated damages
to cover the cost to XxXXXXXXX of the loss of use of
the Trailer. XxXXXXXXX shall have the right to deduct
any amounts to which it is entitled under this
section from the CONTRACTOR's Settlements or escrow
account.
C. Maintenance. XxXXXXXXX is responsible for and will
pay for all normal maintenance, lubrication, brake
repair, and required periodic safety inspections on
the Trailers. If the CONTRACTOR incurs any costs for
these items, XxXXXXXXX will reimburse CONTRACTOR
provided CONTRACTOR complies with XxXXXXXXX'x
reimbursement policies and procedures.
D. Loss or Damage. CONTRACTOR is responsible for, agrees
to reimburse XxXXXXXXX for the entire amount of all
INITIALS: CONTRACTOR _______ MCCLENDON________
5
loss or damage to the Trailers including, without
limitation, tire repair or replacement, resulting
form the negligence or the deliberate or intentional
acts of CONTRACTOR, its drivers or its other
employees or agents. CONTRACTOR will not be
responsible for any loss or damage to the Trailers
which XxXXXXXXX determines, pursuant to its accident
review procedures, to be the result of a
nonpreventable accident. XxXXXXXXX shall have the
right to deduct any amounts to which it is entitled
under this section from the CONTRACTOR's Settlements
or escrow account.
E. Condition Uoon Surrender of Possession. CONTRACTOR
agrees it will surrender possession of the Trailers
to XxXXXXXXX in as good condition as they were when
CONTRACTOR received them, normal wear and tear from
ordinary use excepted.
9. CARGO LOSS - CONTRACTOR shall be responsible and liable to
XxXXXXXXX and agrees to indemnify, reimburse, and hold XxXXXXXXX harmless for
the first $1,000.00, per occurrence, of any liability, claim, loss, cost or
expense resulting from shortage, loss or damage to freight transported by the
Equipment which is caused by CONTRACTOR's negligence or willful act. XxXXXXXXX
is authorized to deduct all amounts to which it is entitled hereunder from
CONTRACTOR's settlements or escrow account.
10. WORKERS COMPENSATION WAIVER AND RELEASE - CONTRACTOR hereby waives
and fully releases XxXXXXXXX from right or claim to benefits or recovery under
any Workers Compensation Act which might arise out of or in the course of the
CONTRACTOR's performance under this Agreement. CONTRACTOR shall maintain at its
own expense and shall evidence to XxXXXXXXX a current policy providing worker's
compensation or other accidental disability coverage for CONTRACTOR and/or its
employees. For all purposes of workers compensation coverage, CONTRACTOR is an
independent contractor and not an employee or agent of XxXXXXXXX.
11. RECORD OF USE OF EQUIPMENT - CONTRACTOR will cooperate with
XxXXXXXXX in the preparation, receipt, preservation and submission of those
documents necessary for XxXXXXXXX to secure payment of trip revenues, and of all
manifests, bills of lading and delivery receipts, weigh bills, freight bills,
log sheets, mileage reports, original fuel purchase receipts, State or Federal
inspection reports, accident reports, OS&D reports, and other papers and records
respecting the lading, and the use of said EQUIPMENT in accordance with all
applicable laws and regulations. Trip settlements will not be made without the
above required documentation.
12. PRODUCTS, EQUIPMENT, OR SERVICE OBTAINED BY CONTRACTOR FROM
XxXXXXXXX -CONTRACTOR is not required to purchase or rent any products,
insurance, EQUIPMENT, or service from XxXXXXXXX, other than a Qualcomm unit, as
a condition to entering into this Agreement. Contractor is not required to rent
or purchase any other products or insurance from XxXXXXXXX.
13. ESCROW FUNDS - CONTRACTOR shall be required to deposit with
XxXXXXXXX an escrow fund, the sum of $1,000 per unit, which may be applied to
payment to XxXXXXXXX for costs and expenses of CONTRACTOR incurred and paid by
XxXXXXXXX as set forth in Agreement. CONTRACTOR agrees for XxXXXXXXX to deduct
One Hundred Dollars ($100.00) per week from CONTRACTOR's settlement to obtain
the escrow fund. CONTRACTOR agrees that XxXXXXXXX may apply such escrow funds to
CONTRACTOR's units or EQUIPMENT without regard to any particular unit. XxXXXXXXX
shall account to the CONTRACTOR for all transactions involving the escrow funds
on each settlement sheet between CONTRACTOR and XxXXXXXXX. CONTRACTOR has a
right to demand, at reasonable intervals, an accounting from XxXXXXXXX of
transactions involving escrow funds.
INITIALS: CONTRACTOR ______ XXXXXXXXX _____
6
Once the fund of $1,000.00 is reached, XxXXXXXXX will pay CONTRACTOR
interest on a quarterly basis at a 6% annual interest rate. This interest rate
will be paid only if the $1,000.00 balance is maintained for the full calendar
quarter.
Upon termination of this agreement, the parties agree to complete a
final accounting of the CONTRACTOR's escrow account within 45 days after the
termination provided that the CONTRACTOR has returned the base plate to
XxXXXXXXX'x general office in LaFayette, AL. This final settlement of escrow
funds will not be performed until said base plate is returned.
14. QUALCOMM UNIT - All Contractor's are required to rent Qualcomm
units for each tractor contracted hereunder. The following terms shall control
the installation, rental, operation, maintenance, care and return of the subject
Qualcomm unit assigned to the CONTRACTOR's equipment:
A. CONTRACTOR will be required to pay $11.00 per week,
per truck, for the rental of satellite tracking and
related communications equipment ("Qualcomm" unit) .
This amount will be deducted from CONTRACTOR's
weekly compensation settlement. XxXXXXXXX will pay
the initial cost of installing this equipment and
the on-going monthly costs for tracking and
messaging services.
B. Upon termination of this Agreement, CONTRACTOR shall
immediately return the Qualcomm unit to XxXXXXXXX.
Failure to return this equipment will render the
CONTRACTOR liable for the value of it. In addition,
the CONTRACTOR will be charged for the cost of any
damages caused by him/her to the Qualcomm unit,
other than normal wear and tear. Moreover, if this
Agreement is terminated less than one year from its
original date, the CONTRACTOR will be charged $300
to cover the installation and removal of the
equipment.
C. CONTRACTOR shall remain liable for the replacement
value of the Qualcomm unit (up to value of $5,000
per unit) upon loss, damage or theft.
X. XxXXXXXXX shall maintain record of communication
equipment part numbers and serial numbers at the
LaFayette, Alabama terminal.
15. Arbitration. All disputes, claims or controversies arising from or
relating to this contract or to any contract executed by and between XxXXXXXXX
and CONTRACTOR pursuant to any transaction involving or relating to the
transactions contemplated herein, or any of said contract's contents, or the
parties relationships or dealings, shall be resolved by binding arbitration by
one arbitrator selected by CONTRACTOR with XxXXXXXXX'X consent and paid for by
XxXXXXXXX unless CONTRACTOR is determined to be at fault and legally liable or
in breach of this or any other contract by and between XxXXXXXXX and CONTRACTOR,
in which event, CONTRACTOR shall be responsible for and timely pay all
arbitration costs and fees. This Agreement is made pursuant to a transaction in
Interstate Commerce and shall be governed by the Federal Arbitration Act at
U.S.C. Section 1. Any Judgement upon the award rendered may be entered in any
Court having jurisdiction. The parties hereto agree and understand that disputes
may be litigated in Court, but they prefer to resolve their disputes through
arbitration, except as may be specifically provided herein. Subject to the
equitable rights afforded XxXXXXXXX in paragraph 4 above, including but not
limited to XxXXXXXXX'X right and reposses the Vehicles, the parties agree and
understand that all disputes arising under case law, statutory law, and all
other laws including, but not limited to, all contract, tort and property
disputes will be subject to binding arbitration in accordance with this
contract. The parties agree that the arbitrator shall have all powers provided
INITIALS: CONTRACTOR _____ XXXXXXXXX _____
7
by law, these powers shall include all legal and equitable remedies including,
but not limited to, the award of money damages, declaratory relief, and
injunctive relief.
16. Waiver of iurv trial. CONTRACTOR hereby waives any right to a
trail by jury that the CONTRACTOR may have in any subsequent litigation between
CONTRACTOR and XxXXXXXXX or CONTRACTOR and any assignee of XxXXXXXXX whether
such litigation arises out of, is related to, or is in connection with any
provision of this contract or any other contract executed incident hereto, or
any other transactions consummated pursuant to any other contracts by and
between CONTRACTOR and XxXXXXXXX.
17. Assent. The parties hereto, by signing this Agreement, acknowledge
that each has thoroughly read and understand the terms set forth herein and
further acknowledge and agree that each party voluntarily enters into this
agreement and specifically waives its, his, hers or their rights to a trail by
jury, and that each party is aware that it, he, she, or they have a right to a
trail by jury. However, it is the CONTRACTOR'S and XxXXXXXXX'X intent to waive
its, his, hers or their right to trail by jury and to arbitrate all disputes,
except as may be expressly set forth in paragraph 4 of this contract.
18. AGREEMENT AND COPIES - This Agreement, plus any authorized written
attachments, constitute the complete Agreement between CONTRACTOR and XxXXXXXXX
and no contractor, employee or agent of either party shall have authority to
alter or vary the terms, or make any representations or commitments not included
herein. Any subsequent changes, modifications or amendments to the Agreement, in
order to be valid and enforceable, shall be by written instrument executed by
both parties. Where applicable, the singular shall include the plural, and the
masculine shall include the feminine or neuter, or vice versa. This Agreement
shall be executed in at least three copies, each of which shall be considered an
original. One executed copy, known as XxXXXXXXX'x copy, shall be retained by
XxXXXXXXX. One executed copy, known as CONTRACTOR's copy, shall be retained by
CONTRACTOR. One executed copy, known as EQUIPMENT copy, shall be carried on the
EQUIPMENT during the period of this Agreement, unless a statement as provided in
49 C.F.R. is carried on EQUIPMENT instead.
The undersigned, XxXXXXXXX, a common carrier of motor freight,
operating pursuant to authority granted by the Interstate Commerce Commission,
under Certificate Number MC-52704, does hereby acknowledge receipt from
CONTRACTOR of the Equipment described below. Further, the undersigned,
CONTRACTOR, hereby acknowledges the receipt by XxXXXXXXX of the Equipment
described below:
MAKE YEAR SERIAL # CONTRACTOR
___________ _____ ________________________ _____________________________
___________ _____ ________________________ _____________________________
___________ _____ ________________________ _____________________________
___________ _____ ________________________ _____________________________
Such Agreement may be canceled by either party upon written notice. The
original Agreement is kept in the office of XXXXX XxXXXXXXX TRUCKING COMPANY,
INC., located at 121 5. XxXxxxxxx Xxxxxx, XxXxxxxxx, Xxxxxxx 00000 (Telephone:
334--864--9311)
INITIALS: CONTRACTOR ______ XXXXXXXXX _____
8
IN WITNESS WHEREOF, XxXXXXXXX and CONTRACTOR do hereby sign this
Agreement on this_____ day of ______________, 2 000 which shall be the effective
date of this Agreement.
______________________________
NAME OF CONTRACTOR XXXXX XxXXXXXXX TRUCKING COMPANY, INC.
(I.C.C. NO. MC--52704)
______________________________ 121 5. XxXxxxxxx Xxxxxx
XxXxxxxxx, Xxxxxxx 00000
______________________________
______________________________
ADDRESS OF CONTRACTOR
_______________________________
PHONE NUMBER OF CONTRACTOR
BY BY
____________________________ ____________________________
CONTRACTOR SIGNATURE AUTHORIZED REPRESENTATIVE
DELIBERATE FALSIFICATION OF, OR FORGED SIGNATURES ON ANY DOCUMENTATION CAN
RESULT IN IMMEDIATE CANCELLATION OF CONTRACTOR'S OPERATING AGREEMENT AND THE
DRIVER'S SAFETY CLEARANCE.
INITIALS: CONTRACTOR ______ MCCLENDON______
9
