Common use of Chain of Responsibility Clause in Contracts

Chain of Responsibility. The Customer will ensure that: (a) the Customer, and each member of the Customer’s Personnel, comply with all laws and Good Operating Practices relating to compliance with, and management of, Chain of Responsibility. (b) the Customer, and each member of the Customer’s Personnel, will not directly or indirectly by any act or omission engage in any business practice, establish any schedule or make any requirement or direction that causes or has the effect of causing any actual or potential contravention of any laws or other requirements relating to Chain of Responsibility. (c) the Customer, and each member of the Customer’s Personnel, maintain proper, complete and accurate records, documents and systems in relation to compliance with and management of Chain of Responsibility obligations including but not limited to: (i) a fatigue management plan; (ii) driver schedules; (iii) the work and rest hours of each driver engaged in delivering or collecting the Goods including, but not limited to, whether a driver is operating under ordinary hours, basic fatigue management hours, advanced fatigue management hours or the hours specified in any work and rest hours exemption; (iv) hard copies and/or electronic copies of driver log books; (v) any data loggers and/or any other electronic devices used to record, monitor and manage driver fatigue and/or speed; and (vi) any other documents, electronic data or records required to be maintained and retained in relation to driver hours and driver fatigue which may be relevant to assessing driver fatigue. (d) the Customer and each member of the Customer’s Personnel will provide to Americold or any Americold Personnel on request copies of all information and documents and access to all electronic data, records or systems in relation to compliance with and management of Chain of Responsibility obligations.