11. Assignment; Subcontracting. Carrier shall not assign, transfer, pledge or encumber any of
its rights or obligations under this Agreement without HCS
’s prior written consent, such consent
to be given or withheld in HCS
’s sole discretion. Carrier agrees not to use subcontractors (other
than owner-operators under a written lease and per all requirements as described above), or
to interline with other carriers, or to broker ship
ments, or to use “substitute services” by rail for
Shippers
’ Goods without prior written consent of HCS.
12. Carrier Liability. Carrier shall not, in any way, have any right to negate, eliminate, circumvent,
or alleviate Carrier’s liability to HCS or Shipper which may be inconsistent with the provisions
of this Agreement.
13. Preservation of Records. Carrier shall comply with the requirement of 49 CFR 371.3 or any
successor provision thereto, with regard to the preservation of records related to the Services,
and shall, in any event, maintain and preserve all such records for a period of not less than
three (3) years from delivery of the last shipment pursuant to this Agreement.
14. Driver Hours. Carrier agrees and acknowledges that, by accepting tender, the time between
time of tender and the due date designated by HCS is reasonable and can be performed by
Carrier and its drivers under the federal hours of service regulations contained in 49 C.F.R.
Part 395. Carrier will promptly notify HCS by telephone in the event that any designated delivery
due date cannot be legally met because of such federal regulations.
15. Delay, Accident or Undeliverable Freight. Carrier will notify HCS immediately by telephone
or email of any accident, spill, theft, hijacking or other events that impair the safe and prompt
delivery of the Goods in its control. Carrier will notify HCS immediately by phone or email of
any undeliverable freight and request additional instructions regarding delivery.
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