Common use of CARRIER REPRESENTS AND WARRANTS THAT Clause in Contracts

CARRIER REPRESENTS AND WARRANTS THAT. a. CARRIER is a duly Registered Motor Carrier of property authorized to provide transportation of property services under contracts with shippers, receivers, and brokers of general commodities in interstate and intrastate commerce; b. CARRIER shall transport the property it receives pursuant to this Agreement under its own registered and lawful operating authorities and subject to the terms of this Agreement. CARRIER will not re-broker, co-broker, subcontract, assign, interline, or transfer the transportation of shipments hereunder to any other persons or entity conducting business under a different operating authority. If CARRIER breaches this provision, BROKER shall have the right to pay the delivering carrier directly, in lieu of payment to CARRIER. CARRIER shall remain liable to BROKER under this Agreement notwithstanding BROKER's payment to the delivering carrier; c. CARRIER agrees that the insertion of BROKER's name as “carrier” on a ▇▇▇▇ of lading shall be for convenience only, and shall not change BROKER's status as a property broker nor CARRIER's status as a motor carrier; d. CARRIER is in, and shall maintain compliance during the term of this Agreement, with all applicable federal, state and local laws relating to CARRIER’s operation and services including, but not limited to applicable regulations concerning: transportation of Hazardous Materials (including the licensing and training of HAZMAT qualified drivers) as defined in 49 C.F.R. §172.800, §173, and §397 et seq. and to the extent that any shipments hereunder constitute Hazardous Materials; cargo security; owner/operator lease; loading and securement of freight; implementation and maintenance of driver safety including, but not limited to, hiring, controlled substances and alcohol testing, and hours of service; qualification and licensing and training of drivers; sanitation, temperature, and contamination requirements for transporting food, perishable, and other products,; implementation and maintenance of equipment safety; maintenance and control of the means and method of transportation including, but not limited to, performance of its drivers; all applicable insurance laws including, but not limited to, workers' compensation; e. CARRIER is solely responsible for the management, governance, discipline, direction and control of its employees, any independent contractors, equipment owners and operators (including drivers), and equipment in all respects to ensure the safe operation of CARRIER’S regulated and unregulated activities as a Registered motor carrier. CARRIER agrees that the safe and compliant operation and performance of CARRIER’S equipment, drivers and facilities shall supersede any service requests, demands, preferences, instructions, and information from BROKER or BROKER’s customer with respect to any shipment; f. CARRIER will notify BROKER immediately if its license or Registration is revoked, suspended or rendered inactive for any reason; if it is sold, or if there is a change in control of ownership, and/or any insurance required hereunder is threatened to be, or is, terminated, cancelled, suspended, or revoked for any reason. g. CARRIER does not have an "Unsatisfactory" safety rating determined by the Federal Motor Carrier Safety Administration (“FMCSA”), U.S. Department of Transportation, and will notify BROKER in writing immediately if its safety rating is changed to "Unsatisfactory" or "Conditional". In the event that CARRIER fails to maintain insurance required hereunder, is notified that such insurance may become ineffective, or is otherwise prohibited by applicable law from performing services hereunder, CARRIER shall immediately notify BROKER and shall not accept or carry any loads or goods tendered to CARRIER by BROKER; h. CARRIER has investigated, monitors, and agrees to conduct business hereunder based on the credit-worthiness of BROKER and is granting BROKER credit terms accordingly, and therefore, CARRIER authorizes BROKER to, and assigns unto BROKER the right to, invoice CARRIER's freight charges to shipper, consignee, or third parties responsible for payment; and i. CARRIER acknowledges that this Agreement shall apply to all freight shipments tendered to CARRIER by any one of the BROKERS identified herein, and the individual BROKER identified in the Load Confirmation Sheet, on a shipment by shipment basis, shall be the sole BROKER entity responsible to CARRIER for the performance of BROKER’s responsibilities under this Agreement.

CARRIER REPRESENTS AND WARRANTS THAT. a. CARRIER is a duly Registered Motor Carrier of property authorized to provide transportation of property services under contracts with shippers, receivers, and brokers of general commodities in interstate and intrastate commerce; b. CARRIER shall transport the property it receives pursuant to this Agreement under its own registered and lawful operating authorities and subject to the terms of this Agreement. CARRIER will not re-broker, co-broker, subcontract, assign, interline, or transfer the transportation of shipments hereunder to any other persons or entity conducting business under a different operating authority. If CARRIER breaches this provision, BROKER shall have the right to pay the delivering carrier directly, in lieu of payment to CARRIER. CARRIER shall remain liable to BROKER under this Agreement notwithstanding BROKER's payment to the delivering carrier; c. CARRIER ▇. ▇▇▇▇▇▇▇ agrees that the insertion of BROKER's name as “carrier” on a ▇▇▇▇ bill of lading shall be for convenience only, and shall not change BROKER's status as a property broker nor CARRIER's status as a motor carrier; d. CARRIER is in, and shall maintain compliance during the term of this Agreement, with all applicable federal, state and local laws relating to CARRIER’s operation and services including, but not limited to applicable regulations concerning: transportation of Hazardous Materials (including the licensing and training of HAZMAT qualified drivers) as defined in 49 C.F.R. §172.800, §173, and §397 et seq. and to the extent that any shipments hereunder constitute Hazardous Materials; cargo security; owner/operator lease; loading and securement of freight; implementation and maintenance of driver safety including, but not limited to, hiring, controlled substances and alcohol testing, and hours of service; qualification and licensing and training of drivers; sanitation, temperature, and contamination requirements for transporting food, perishable, and other products,; implementation and maintenance of equipment safety; maintenance and control of the means and method of transportation including, but not limited to, performance of its drivers; all applicable insurance laws including, but not limited to, workers' compensation; e. CARRIER is solely responsible for the management, governance, discipline, direction and control of its employees, any independent contractors, equipment owners and operators (including drivers), and equipment in all respects to ensure the safe operation of CARRIER’S regulated and unregulated activities as a Registered motor carrier. CARRIER ▇▇▇▇▇▇▇ agrees that the safe and compliant operation and performance of CARRIER’S equipment, drivers and facilities shall supersede any service requests, demands, preferences, instructions, and information from BROKER or BROKER’s customer with respect to any shipment; f. CARRIER will notify BROKER immediately if its license or Registration is revoked, suspended or rendered inactive for any reason; if it is sold, or if there is a change in control of ownership, and/or any insurance required hereunder is threatened to be, or is, terminated, cancelled, suspended, or revoked for any reason. g. CARRIER does not have an "Unsatisfactory" safety rating determined by the Federal Motor Carrier Safety Administration (“FMCSA”), U.S. Department of Transportation, and will notify BROKER in writing immediately if its safety rating is changed to "Unsatisfactory" or "Conditional". In the event that CARRIER fails to maintain insurance required hereunder, is notified that such insurance may become ineffective, or is otherwise prohibited by applicable law from performing services hereunder, CARRIER shall immediately notify BROKER and shall not accept or carry any loads or goods tendered to CARRIER by BROKER; h. CARRIER ▇. ▇▇▇▇▇▇▇ has investigated, monitors, and agrees to conduct business hereunder based on the credit-worthiness of BROKER and is granting BROKER credit terms accordingly, and therefore, CARRIER authorizes BROKER to, and assigns unto BROKER the right to, invoice CARRIER's freight charges to shipper, consignee, or third parties responsible for payment; and i. CARRIER acknowledges that this Agreement shall apply to all freight shipments tendered to CARRIER by any one of the BROKERS identified herein, and the individual BROKER identified in the Load Confirmation Sheet, on a shipment by shipment-by-shipment basis, shall be the sole BROKER entity responsible to CARRIER for the performance of BROKER’s responsibilities under this Agreement.