Schmieding
Carrier Agreement
4/5/2019
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any customer of HCS where 1) the availability of such customer or opportunity of transportation
of goods became known to Carrier as a result of HCS
’s efforts,
or as a result of Services
performed under this Agreement; or, 2) the goods were first tendered to Carrier by HCS.
If Carrier breaches this Agreement and directly or indirectly solicits freight, accepts freight from,
or arranges for the transportation of freight from customers of HCS, or obtains freight from such
customer during the term of this Agreement or for twelve (12) months thereafter, Carrier agrees
to pay HCS commission, in the amount of fifteen percent (15%) of the transportation revenue
resulting from freight transported for the customer, for a period of fifteen (15) month after first
obtaining such freight.
4. Force Majeure. Neither Party will be liable to the other for failing to perform or discharge any
obligation under this Agreement where such failure is caused by acts of God, labor disorders,
fire or other casualty, closing of the public highways, governmental interference, war, riot, act
of terrorism, and other causes beyond the affected P
arty’s control. In such case, both Parties
will make every commercially reasonable effort to remedy or
cure such event as soon as
practically possible.
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