REPRESENTS AND WARRANTS THAT IT. A. Is a Registered Motor Carrier of Property authorized to provide transportation of property under contracts with shippers and receivers and/or brokers of general commodities; B. Shall transport the property under its own operating authority and subject to the terms of this Agreement; C. CARRIER’s services under this Agreement are specifically designed to meet the distinct needs of BROKER’s customers under the specified rates and conditions set forth herein. At all times herein, CARRIER shall render such transportation services as a motor carrier providing contract carriage pursuant to 49 U.S.C. §§ 13102(4)(B) and makes the representations herein for the purpose of inducing BROKER to enter into this Agreement. D. Agrees that a Shipper’s insertion of BROKER’s name as the carrier on a ▇▇▇▇ of lading shall be for the Shipper’s convenience only and shall not change BROKER’s status as a property broker nor CARRIER’s status as a motor carrier. BROKER is not a motor carrier and assumes no motor carrier responsibility for cargo loss and damage in the event that the National Motor Freight Traffic Association (NMFTA) form of ▇▇▇▇ of lading is utilized. E. 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, without prior written consent of BROKER. If CARRIER breaches this provision, among all other remedies (whether at equity or in law), CARRIER shall forfeit payment for the load at issue, shall waive any and all legal rights and remedies against BROKER with regard to the load at issue and shall re-pay BROKER any funds paid or advanced on the load at issue within seven (7) days of request by BROKER. Notwithstanding termination based on breach of this section, CARRIER shall be deemed the agent of the motor carrier(s) that performed the transportation for the purposes of payment and will remain liable to BROKER as if it had hauled the load for any loss incurred by BROKER or its customer. In addition to the indemnity obligation in paragraph 1.H, including any claims under MAP-21 (49 U.S.C. § 13901 et seq.) CARRIER will be liable for consequential damages for violation of this Paragraph, regardless of whether arising from the conduct or omissions of CARRIER, subcontractor, or any other third party. (i) Is in, and shall maintain compliance during the term of this Agreement, with all applicable federal, state and local laws relating to the provision of its services including, but not limited to: transportation of Hazardous Materials (including the licensing and training of Haz-Mat qualified drivers), as defined in 49 C.F.R. § 172.800, § 173, and § 397 et seq. to the extent that any shipments hereunder constitute Hazardous Materials; security regulations; owner/operator lease regulations; loading and securement of freight regulations; implementation and maintenance of driver safety regulations including, but not limited to, hiring, controlled substances and alcohol testing, and hours of service regulations; implementation and maintenance of equipment safety regulations; maintenance and control of the means and method of transportation including, but not limited to, performance of its drivers; all applicable insurance laws and regulations including but not limited to workers’ compensation. CARRIER agrees to provide proof of compliance upon request. (ii) On behalf of shipper, consignee and broker interests, to the extent that any shipments subject to this Agreement are transported within the State of California on refrigerated equipment, CARRIER warrants that it shall only utilize equipment which is in full compliance with the California Air Resources Board (CARB) Transport Refrigerated Unit (TRU) Airborne Toxic Control Measure (ATCM) in-use regulations. CARRIER shall be liable to BROKER for any penalties, or any other liability, imposed on, or assumed by BROKER due to penalties imposed on BROKER’s customer because of CARRIER's use of non-compliant equipment, including but not limited to those in Appendix A. (iii) Is in, and shall maintain compliance during the term of this Agreement, with the federal, state and local laws relating to the provision of its services, including, but not limited to transportation of over overweight and over-dimensional shipments. CARRIER shall be responsible for obtaining all necessary information from BROKER in order to secure permits, plan routes, hire escort services, and all provide other ancillary services related to the transportation of heavy equipment. (iv) Is in, and shall maintain compliance during the term of this Agreement, with the Food Safety Modernization Act, the Sanitary Food Transportation Act of 2005 and the FDA’s Final Rule pertaining to Sanitary Transportation of Human and Animal Food, together with the sanitation, temperature, and contamination requirements for transporting food, perishable, and other products, including but not limited to those delegable duties set forth in Appendix B. (v) Further, CARRIER shall be responsible for ensuring that all loads have a safety seal prohibiting entry to the trailer and access to shipment at all times during the transport until the safety seal is removed by BROKER’s customer, as further provided in any Shipper appendices. (vi) Is solely responsible for any the management, governing, discipline, direction and control of its employees, owner/operators, and equipment with respect to operating within all applicable federal and state legal and regulatory requirements to ensure the safe operation of CARRIER’s vehicles, drivers and facilities. CARRIER and BROKER agree that safe and legal operation of the CARRIER and its drivers shall completely and without question govern and supersede any service requests, demands, preferences, instructions, and information from BROKER or BROKER’s customer with respect to any shipment at any time. G. CARRIER will notify BROKER immediately if its federal Operating Authority is revoked, suspended or rendered inactive for any reason, and/or 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. H. CARRIER shall defend, indemnify and hold BROKER, Shipper, Shipper’s customer, and their respective directors, officers, employees and agents (collectively referred to as “Indemnitee”), harmless from: (1) ANY AND ALL CLAIMS MADE AGAINST ANY INDEMNITEE BY OR ON BEHALF OF CARRIER'S EMPLOYEES, AGENTS OR SUBCONTRACTORS FOR SALARY OR OTHER COMPENSATION OR PAYMENTS RESULTING OR CLAIMED TO HAVE RESULTED, IN WHOLE OR IN PART, FROM SERVICES CARRIER, CARRIER’S AGENTS OR SUBCONTRACTORS PERFORMHEREUNDER; (2) ANY AND ALL PENALTIES FOR FINES OF ANY CHARACTER WHICH MAY BE SOUGHT TO BE ENFORCED AGAINST ANY INDEMNITEE BY REASON OF AN ALLEGED VIOLATION BY CARRIER, CARRIER'S AGENTS OR SUBCONTRACTORS OF ANY FEDERAL, STATE, OR MUNICIPAL LAW, RULE OR REGULATION; (3) ALL CLAIMS, DEMANDS, ACTIONS OR CAUSES OF ACTION WHICH MAY AT ANY TIME BE BROUGHT AGAINST ANY INDEMNITEE BECAUSE OF DEATH OR INJURY TO ANY PERSON, INCLUDING CARRIER’S EMPLOYEES, AGENTS OR SUBCONTRACTORSOR DAMAGE TO PROPERTY (INCLUDING BUT NOT LIMITED TO CARGO BEING TRANSPORTED HEREUNDER) WHICH MAY ARISE FROM OR IN CONNECTION WITH: (I) THE MAINTENANCE, USE OR OPERATION (INCLUDING LOADING AND UNLOADING) BY CARRIER, CARRIER'S AGENTS OR SUBCONTRACTORS OF ANY MOTOR VEHICLE OR ALLIED EQUIPMENT IN PERFORMANCE OF SERVICES UNDER THIS AGREEMENT; AND/OR (II) ANY AND ALL ACTS OR OMISSIONS OF CARRIER, ITS AGENTS, EMPLOYEES OR SUBCONTRACTORS IN PROVIDING THE TRANSPORTATION SERVICES TO BE PROVIDED UNDER THIS AGREEMENT; AND, (4) ANY AND ALL OTHER CLAIMS MADE BY OR ON BEHALF OF A SHIPPER OR ITS CUSTOMERS AGAINST ANY OTHER INDEMNITEE, IF SUCH CLAIM ARISES FROM SERVICES RENDERED BY CARRIER, CARRIER'S AGENTS OR SUBCONTRACTORS UNDER THIS AGREEMENT. THE INDEMNITY HEREIN PROVIDED SHALL INCLUDE, BUT SHALL NOT BE LIMITED TO ALL COSTS, EXPENSES, EXPERT'S FEES AND REASONABLE ATTORNEYS' FEES INCURRED OR PAYABLE BY ANY INDEMNITEE IN SETTLING SUCH CLAIMS OR PENALTIES OR FINES OR IN INVESTIGATING OR DEFENDING AGAINST SAME. The indemnity herein provided is notwithstanding whether the Party’s insurance as referred to in paragraph 3.F. is valid or provides coverage. This provision shall remain in full force and effect both during and after the Term of this Agreement. I. Does not have an “Unsatisfactory” safety rating issued 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”. J. Has investigated, monitors, and agrees to conduct business hereunder based on the credit-worthiness of BROKER. K. Authorizes BROKER to invoice CARRIER’s freight charges to shipper, consignee, or third parties responsible for payment.
Appears in 1 contract
Sources: Broker Carrier Agreement
REPRESENTS AND WARRANTS THAT IT. A. Is a Registered Motor Carrier of Property authorized to provide transportation of property under contracts with shippers and receivers and/or brokers of general commodities;
B. ; Shall transport the property under its own operating authority and subject to the terms of this Agreement;
C. CARRIER’s services under this Agreement are specifically designed to meet the distinct needs of BROKER’s customers under the specified rates and conditions set forth herein. At all times herein, CARRIER shall render such transportation services as a motor carrier providing contract carriage pursuant to 49 U.S.C. §§ 13102(4)(B) and makes Agreement; Makes the representations herein for the purpose of inducing BROKER to enter into this Agreement.
D. ; Agrees that a Shipper’s shipper's insertion of BROKER’s 's name as the carrier on a ▇▇▇▇ of lading shall be for the Shipper’s shipper's convenience only and shall not change BROKER’s 's status as a property broker nor CARRIER’s 's status as a motor carrier. BROKER is not a motor carrier and assumes no motor carrier responsibility for cargo loss and damage in the event that the National Motor Freight Traffic Association (NMFTA) form of ▇▇▇▇ of lading is utilized.
E. Will not re-broker, co-brokerassign or interline the shipments hereunder, subcontract, assign, interline, and that all freight tendered to CARRIER under this Agreement shall be hauled on equipment owned or transfer leased by CARRIER. In the transportation of shipments hereunder to any other persons or entity conducting business under a different operating authority, without prior written consent of BROKER. If event that CARRIER breaches this provision, among all in addition to other remedies (whether at equity or in law)rights herein, CARRIER shall forfeit payment for the load at issue, shall waive any and all legal rights and remedies against BROKER with regard to the load at issue and shall re-pay BROKER any funds paid or advanced on the load at issue within seven (7) days of request by BROKER. Notwithstanding termination based on breach of this section, CARRIER shall be deemed the agent of the motor carrier(s) that performed the transportation for the purposes of payment and will remain liable to BROKER as if it had hauled the load for any loss incurred by BROKER or its customerBROKER. In addition to the indemnity obligation in paragraph 1.H, including any claims under MAP-21 (49 U.S.C. § 13901 et seq.) 3.H CARRIER will be liable for consequential damages for violation of this Paragraph, regardless of whether arising from the conduct or omissions of CARRIER, subcontractor, or any other third party.
(i) Is in, and shall maintain compliance during the term of this Agreement, with all applicable federal, state and local laws relating to the provision of its services including, but not limited to: transportation of Hazardous Materials (including the licensing and training of Haz-Mat qualified drivers), as defined in 49 C.F.R. § 172.800, § 173, and § 397 et seq. to the extent that any shipments hereunder constitute Hazardous Materials; security regulations; owner/operator lease regulations; loading and securement of freight regulations; implementation and maintenance of driver safety regulations including, but not limited to, hiring, controlled substances and alcohol testing, and hours of service regulations; implementation and maintenance of equipment safety regulations; maintenance and control of the means and method of transportation including, but not limited to, performance of its drivers; all applicable insurance laws and regulations including but not limited to workers’ compensation. CARRIER agrees to provide proof of compliance upon request.
(ii) On behalf of shipper, consignee and broker interests, to the extent that any shipments subject to this Agreement are transported within the State of California on refrigerated equipment, CARRIER warrants that it shall only utilize equipment which is in full compliance with the California Air Resources Board (CARB) Transport Refrigerated Unit (TRU) Airborne Toxic Control Measure (ATCM) in-use regulations. CARRIER shall be liable to BROKER for any penalties, or any other liability, imposed on, or assumed by BROKER due to penalties imposed on BROKER’s customer because of CARRIER's use of non-compliant equipment, including but not limited to those in Appendix A.
(iii) Is in, and shall maintain compliance during the term of this Agreement, with the federal, state and local laws relating to the provision of its services, including, but not limited to transportation of over overweight and over-dimensional shipments. CARRIER shall be responsible for obtaining all necessary information from BROKER in order to secure permits, plan routes, hire escort services, and all provide other ancillary services related to the transportation of heavy equipment.
(iv) Is in, and shall maintain compliance during the term of this Agreement, with the Food Safety Modernization Act, the Sanitary Food Transportation Act of 2005 and the FDA’s Final Rule pertaining to Sanitary Transportation of Human and Animal Food, together with the sanitation, temperature, and contamination requirements for transporting food, perishable, and other products, including but not limited to those delegable duties set forth in Appendix B.
(v) Further, CARRIER shall be responsible for ensuring that all loads have a safety seal prohibiting entry to the trailer and access to shipment at all times during the transport until the safety seal is removed by BROKER’s customer, as further provided in any Shipper appendices.
(vi) Is solely responsible for any the management, governing, discipline, direction and control of its employees, owner/operators, and equipment with respect to operating within all applicable federal and state legal and regulatory requirements to ensure the safe operation of CARRIER’s vehicles, drivers and facilities. CARRIER and BROKER agree that safe and legal operation of the CARRIER and its drivers shall completely and without question govern and supersede any service requests, demands, preferences, instructions, and information from BROKER or BROKER’s customer with respect to any shipment at any time.
G. CARRIER will Will notify BROKER immediately if its federal Operating Authority is revoked, suspended or rendered inactive for any reason, ; and/or 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.
H. CARRIER shall defend, indemnify and hold BROKER, Shipper, Shipper’s customer, and their respective directors, officers, employees and agents (collectively referred to as “Indemnitee”), harmless from:
(1) ANY AND ALL CLAIMS MADE AGAINST ANY INDEMNITEE BY OR ON BEHALF OF CARRIER'S EMPLOYEES, AGENTS OR SUBCONTRACTORS FOR SALARY OR OTHER COMPENSATION OR PAYMENTS RESULTING OR CLAIMED TO HAVE RESULTED, IN WHOLE OR IN PART, FROM SERVICES CARRIER, CARRIER’S AGENTS OR SUBCONTRACTORS PERFORMHEREUNDER;
(2) ANY AND ALL PENALTIES FOR FINES OF ANY CHARACTER WHICH MAY BE SOUGHT TO BE ENFORCED AGAINST ANY INDEMNITEE BY REASON OF AN ALLEGED VIOLATION BY CARRIER, CARRIER'S AGENTS OR SUBCONTRACTORS OF ANY FEDERAL, STATE, OR MUNICIPAL LAW, RULE OR REGULATION;
(3) ALL CLAIMS, DEMANDS, ACTIONS OR CAUSES OF ACTION WHICH MAY AT ANY TIME BE BROUGHT AGAINST ANY INDEMNITEE BECAUSE OF DEATH OR INJURY TO ANY PERSON, INCLUDING CARRIER’S EMPLOYEES, AGENTS OR SUBCONTRACTORSOR DAMAGE TO PROPERTY (INCLUDING BUT NOT LIMITED TO CARGO BEING TRANSPORTED HEREUNDER) WHICH MAY ARISE FROM OR IN CONNECTION WITH: (I) THE MAINTENANCE, USE OR OPERATION (INCLUDING LOADING AND UNLOADING) BY CARRIER, CARRIER'S AGENTS OR SUBCONTRACTORS OF ANY MOTOR VEHICLE OR ALLIED EQUIPMENT IN PERFORMANCE OF SERVICES UNDER THIS AGREEMENT; AND/OR (II) ANY AND ALL ACTS OR OMISSIONS OF CARRIER, ITS AGENTS, EMPLOYEES OR SUBCONTRACTORS IN PROVIDING THE TRANSPORTATION SERVICES TO BE PROVIDED UNDER THIS AGREEMENT; AND,
(4) ANY AND ALL OTHER CLAIMS MADE BY OR ON BEHALF OF A SHIPPER OR ITS CUSTOMERS AGAINST ANY OTHER INDEMNITEE, IF SUCH CLAIM ARISES FROM SERVICES RENDERED BY CARRIER, CARRIER'S AGENTS OR SUBCONTRACTORS UNDER THIS AGREEMENT. THE INDEMNITY HEREIN PROVIDED SHALL INCLUDE, BUT SHALL NOT BE LIMITED TO ALL COSTS, EXPENSES, EXPERT'S FEES AND REASONABLE ATTORNEYS' FEES INCURRED OR PAYABLE BY ANY INDEMNITEE IN SETTLING SUCH CLAIMS OR PENALTIES OR FINES OR IN INVESTIGATING OR DEFENDING AGAINST SAME. The indemnity herein provided is notwithstanding whether the Party’s insurance as referred to in paragraph 3.F. is valid or provides coverage. This provision shall remain in full force and effect both during and after the Term of this Agreement.
I. Does not have an “Unsatisfactory” safety rating issued 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”.
J. Has investigated, monitors, and agrees to conduct business hereunder based on the credit-worthiness of BROKER.
K. Authorizes BROKER to invoice CARRIER’s freight charges to shipper, consignee, or third parties responsible for payment.
Appears in 1 contract
Sources: Broker Carrier Agreement
REPRESENTS AND WARRANTS THAT IT. A. Is a Registered Motor Carrier of Property registered carrier authorized to provide transportation of property under contracts with shippers and receivers and/or brokers of general commodities;
B. . Shall transport the property property, under its own operating authority Operating Authorit[y/ies] and subject to the terms of this Agreement;
C. CARRIER’s services under this Agreement are specifically designed to meet the distinct needs of BROKER’s customers under the specified rates and conditions set forth herein. At all times herein, CARRIER shall render such transportation services as a motor carrier providing contract carriage pursuant to 49 U.S.C. §§ 13102(4)(B) and makes Agreement; Makes the representations herein for the purpose of inducing BROKER to enter into this Agreement.
D. . Agrees that a Shippershipper’s insertion of BROKER’s name as the operator or carrier on a ▇▇▇▇ of lading shall be for the Shippershipper’s convenience only and shall not change BROKER’s status as a an intermediary and/or property broker nor CARRIER’s status as a an operator and/or motor carrier. CARRIER acknowledges that BROKER is not a motor carrier carrier, as provided for at Section 2.G, and that BROKER assumes no motor carrier responsibility for cargo loss and damage in the event that the National Motor Freight Traffic Association (NMFTA) form of ▇▇▇▇ of lading is utilized.
E. and/or damage. 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, without prior written consent of BROKER. Unless prior written consent is given by BROKER, CARRIER will be liable for all damages caused by such other party as if CARRIER had been the delivering carrier. If CARRIER breaches this provision, among all other remedies (whether at equity or remedies, BROKER shall have the right of paying the monies it owes CARRIER directly to the delivering carrier, in law)lieu of payment to CARRIER. Upon BROKER’s payment to delivering carrier, CARRIER shall forfeit payment for the load at issue, shall waive not be released from any and all legal rights and remedies against BROKER with regard to the load at issue and shall re-pay BROKER any funds paid or advanced on the load at issue within seven (7) days of request by BROKER. Notwithstanding termination based on breach of this section, CARRIER shall be deemed the agent of the motor carrier(s) that performed the transportation for the purposes of payment and will remain liable liability to BROKER as if it had hauled the load for any loss incurred by BROKER under this Agreement or its customerotherwise. In addition to the indemnity obligation in paragraph 1.HPar. 1.G, including any claims under MAP-21 (49 U.S.C. § 13901 et seq.) CARRIER will be liable for consequential damages for violation of this Paragraph, regardless of whether arising from the conduct or omissions of CARRIER, subcontractor, or any other third partyprovision.
(i) Is in, and shall maintain compliance during the term of this Agreement, with all applicable federal, state and local laws relating to the provision of its services including, but not limited to: transportation of Hazardous Materials (including the licensing and training of Haz-Mat qualified drivers), as defined in 49 C.F.R. § 172.800, § 173, and § 397 et seq. to the extent that any shipments hereunder constitute Hazardous Materials; security regulations; owner/operator lease regulations; loading and securement of freight regulations; implementation and maintenance of driver safety regulations including, but not limited to, hiring, controlled substances and alcohol testing, and hours of service regulations; implementation and maintenance of equipment safety regulations; maintenance and control of the means and method of transportation including, but not limited to, performance of its drivers; all applicable insurance laws and regulations including but not limited to workers’ compensation. CARRIER agrees to provide proof of compliance upon request.
(ii) On behalf of shipper, consignee and broker interests, to the extent that any shipments subject to this Agreement are transported within the State of California on refrigerated equipment, CARRIER warrants that it shall only utilize equipment which is in full compliance with the California Air Resources Board (CARB) Transport Refrigerated Unit (TRU) Airborne Toxic Control Measure (ATCM) in-use regulations. CARRIER shall be liable to BROKER for any penalties, or any other liability, imposed on, or assumed by BROKER due to penalties imposed on BROKER’s customer because of CARRIER's use of non-compliant equipment, including but not limited to those in Appendix A.
(iii) Is in, and shall maintain compliance during the term of this Agreement, with the federal, state and local laws relating to the provision of its services, including, but not limited to transportation of over overweight and over-dimensional shipments. CARRIER shall be responsible for obtaining all necessary information from BROKER in order to secure permits, plan routes, hire escort services, and all provide other ancillary services related to the transportation of heavy equipment.
(iv) Is in, and shall maintain compliance during the term of this Agreement, with the Food Safety Modernization Act, the Sanitary Food Transportation Act of 2005 and the FDA’s Final Rule pertaining to Sanitary Transportation of Human and Animal Food, together with the sanitation, temperature, and contamination requirements for transporting food, perishable, and other products, including but not limited to those delegable duties set forth in Appendix B.
(v) Further, CARRIER shall be responsible for ensuring that all loads have a safety seal prohibiting entry to the trailer and access to shipment at all times during the transport until the safety seal is removed by BROKER’s customer, as further provided in any Shipper appendices.
(vi) Is solely responsible for any the management, governing, discipline, direction and control of its employees, owner/operators, and equipment with respect to operating within all applicable federal and state legal and regulatory requirements to ensure the safe operation of CARRIER’s vehicles, drivers and facilities. CARRIER and BROKER agree that safe and legal operation of the CARRIER and its drivers shall completely and without question govern and supersede any service requests, demands, preferences, instructions, and information from BROKER or BROKER’s customer with respect to any shipment at any time.
G. CARRIER will notify BROKER immediately if its federal Operating Authority is revoked, suspended or rendered inactive for any reason, and/or 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.
H. CARRIER shall defend, indemnify and hold BROKER, Shipper, Shipper’s customer, and their respective directors, officers, employees and agents (collectively referred to as “Indemnitee”), harmless from:
(1) ANY AND ALL CLAIMS MADE AGAINST ANY INDEMNITEE BY OR ON BEHALF OF CARRIER'S EMPLOYEES, AGENTS OR SUBCONTRACTORS FOR SALARY OR OTHER COMPENSATION OR PAYMENTS RESULTING OR CLAIMED TO HAVE RESULTED, IN WHOLE OR IN PART, FROM SERVICES CARRIER, CARRIER’S AGENTS OR SUBCONTRACTORS PERFORMHEREUNDER;
(2) ANY AND ALL PENALTIES FOR FINES OF ANY CHARACTER WHICH MAY BE SOUGHT TO BE ENFORCED AGAINST ANY INDEMNITEE BY REASON OF AN ALLEGED VIOLATION BY CARRIER, CARRIER'S AGENTS OR SUBCONTRACTORS OF ANY FEDERAL, STATE, OR MUNICIPAL LAW, RULE OR REGULATION;
(3) ALL CLAIMS, DEMANDS, ACTIONS OR CAUSES OF ACTION WHICH MAY AT ANY TIME BE BROUGHT AGAINST ANY INDEMNITEE BECAUSE OF DEATH OR INJURY TO ANY PERSON, INCLUDING CARRIER’S EMPLOYEES, AGENTS OR SUBCONTRACTORSOR DAMAGE TO PROPERTY (INCLUDING BUT NOT LIMITED TO CARGO BEING TRANSPORTED HEREUNDER) WHICH MAY ARISE FROM OR IN CONNECTION WITH: (I) THE MAINTENANCE, USE OR OPERATION (INCLUDING LOADING AND UNLOADING) BY CARRIER, CARRIER'S AGENTS OR SUBCONTRACTORS OF ANY MOTOR VEHICLE OR ALLIED EQUIPMENT IN PERFORMANCE OF SERVICES UNDER THIS AGREEMENT; AND/OR (II) ANY AND ALL ACTS OR OMISSIONS OF CARRIER, ITS AGENTS, EMPLOYEES OR SUBCONTRACTORS IN PROVIDING THE TRANSPORTATION SERVICES TO BE PROVIDED UNDER THIS AGREEMENT; AND,
(4) ANY AND ALL OTHER CLAIMS MADE BY OR ON BEHALF OF A SHIPPER OR ITS CUSTOMERS AGAINST ANY OTHER INDEMNITEE, IF SUCH CLAIM ARISES FROM SERVICES RENDERED BY CARRIER, CARRIER'S AGENTS OR SUBCONTRACTORS UNDER THIS AGREEMENT. THE INDEMNITY HEREIN PROVIDED SHALL INCLUDE, BUT SHALL NOT BE LIMITED TO ALL COSTS, EXPENSES, EXPERT'S FEES AND REASONABLE ATTORNEYS' FEES INCURRED OR PAYABLE BY ANY INDEMNITEE IN SETTLING SUCH CLAIMS OR PENALTIES OR FINES OR IN INVESTIGATING OR DEFENDING AGAINST SAME. The indemnity herein provided is notwithstanding whether the Party’s insurance as referred to in paragraph 3.F. is valid or provides coverage. This provision shall remain in full force and effect both during and after the Term of this Agreement.
I. Does not have an “Unsatisfactory” safety rating issued 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”.
J. Has investigated, monitors, and agrees to conduct business hereunder based on the credit-worthiness of BROKER.
K. Authorizes BROKER to invoice CARRIER’s freight charges to shipper, consignee, or third parties responsible for payment.
Appears in 1 contract
Sources: Broker Carrier Agreement