7. Compliance with Applicable Laws. Carrier will comply with all applicable Legal
Requirements.
As used in this Agreement, “Legal Requirements” means any and all statutes,
rulings, rules, regulations, permits, certificates, or ordinances of any local, state, or federal
governmental authority, in any way applicable to HCS, Carrier, or the Services, including but
not limited to provisions of the Interstate Commerce Act, laws, rules and regulations of the
FMCSA and any other laws, rules,
or regulations to the extent they govern Carrier’s operations.
I. Carrier will maintain its permits, licenses, operating authorities, and all required insurance, in
full force and effect with the FMCSA and all other applicable regulatory and state agencies
during the Term.
J. The Parties agree that in the event the failure of Carrier to comply with or conform to any
Legal Requirements results in different or additional charges for the Services, Carrier shall
indemnify HCS from such charges, and will pay HCS immediately upon demand, damages
equal to any additional charges required to be paid, and any costs or attorneys’ fees incurred
by HCS in connection therewith.
8.
Carrier’s Change in Status. In the event that all or any portion of Carrier’s permits, licenses,
operating authorities, safety ratings or required insurance are revoked, canceled, downgraded,
suspended or discontinued by operation of law or otherwise, Carrier will immediately notify
HCS.
9. HCS or Shipper Name
. Carrier will not display the name of HCS or the Shipper upon Carrier’s
vehicles.
IV. SERVICES
1. Goods. During the term of this Agreement, HCS, as Broker or as Shipper, may tender to
Carrier, on a non-exclusive basis, and Carrier agrees to accept from HCS, from time-to-time,
shipments consisting of certain goods (“Goods”) for transport. As will be addressed in more
detail throughout the Agreement, the Goods are primarily food products that will ultimately be
consumed by humans or animals (“Food Shipments”) which are required to be transported in
a sanitary and temperature-controlled environment.
A. Upon acceptance of such tender, Carrier will, using due care, pick-up, transport in a safe and
timely manner; and deliver in good order and condition, the Goods which are tendered by
HCS to Carrier, in accordance with the terms and provisions set forth in this Agreement, (all
of which are included in the Services as described herein).
B. Carrier shall comply with all instructions provided to Carrier by HCS regarding the
transportation of the Goods tendered to it, including but not limited to the food safety and
security instructions required as set forth in this Agreement, and all documents incorporated
by reference. To the extent Carrier receives contradictory or confusing instructions regarding
any shipment; Carrier must resolve the contradictory or confusing instructions prior to
accepting the shipment for transport. Failure to resolve any issue with the instructions prior
to transport shall bar Carrier from using the contradictory or confusing instructions as a
defense.
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