5. Governing Law and Venue. This Agreement will be governed by and construed in
accordance with the laws of the State of Arkansas, regardless of its conflict of law provisions,
and the Parties hereby submit to the jurisdiction and venue of the state and federal courts in
and for Washington County, Arkansas for all disputes related to or arising out of this
Agreement.
6. Non-Waiver. The failure of either Party at any time to timely enforce any provision of this
Agreement, or to exercise any option provided, or to require performance of any provision, shall
in no way be construed to be a waiver of any such provision, nor in any way to affect the validity
of this Agreement, nor to affect such Party’s right thereafter to enforce each and every provision
of this Agreement. However, a Party may waive a term of this Agreement by a written
instrument signed by the Party that would have been able to require compliance.
7. Severability. If any phrase, sentence, clause, or other provision contained in this Agreement
violates any applicable ordinance, rule, law, or statute, such phrase, sentence, clause, or other
provision will be ineffective to the extent of such violations without invalidating any other
provision of this Agreement.
8. Non-exclusive Agreement. Neither Party intends to give the other Party any exclusive rights
or privileges under this Agreement, and both Parties agree that HCS will be free to use the
services of other carriers, and Carrier will be free to accept and transport freight for other
parties, subject to the non-compete provision
stated herein.
9. Electronic Data Interchange. Shipping instructions, delivery receipts, bills of lading, manifest
logs, claims and any other shipping documentation may be transmitted by Electronic Data
Interchang
e (“EDI”) in such format as may be agreed to by the Parties. Such records will be
retained by Carrier for a period of three (3) years from the date of shipment, or two (2) years
after final resolution of a disputed or unsettled claim, whichever is later, or for such greater time
period as may be required by Legal Requirements. Upon written request, said records will be
made available to HCS. It is stipulated that records maintained in the manner provided herein
will be admissible for all purposes in the event of a dispute or litigation.
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