Common use of BILLS OF LADING Clause in Contracts

BILLS OF LADING. a. For each shipment tendered to CARRIER, CARRIER will provide to the shipper a standard ▇▇▇▇ of lading that is in accordance with 49 C.F.R. §373, listing the consignor and consignee, the origins and destinations, the number of packages, the description of the freight, and the weight, volume or measurement of the freight. The Parties agree that BROKER will not be a party to the ▇▇▇▇ of lading. b. CARRIER acknowledges that BROKER should not be listed on the ▇▇▇▇ of lading and that if BROKER is listed on the ▇▇▇▇ of Lading as the carrier this will occur for the convenience of the shipper only and CARRIER at all times is the actual carrier of goods and BROKER’S role is limited to arranging for transportation. In the event BROKER’S name is listed on the ▇▇▇▇ of lading, shipping manifest or other similar document, as the carrier, CARRIER shall cross-out or otherwise remove BROKER’S name and enter CARRIER’S name as applicable. c. CARRIER understands that re-brokering and double brokering may be prohibited by law and will not re-broker, assign or interline the shipments hereunder without the express written consent of BROKER prior to the shipment being tendered to any other CARRIER. If CARRIER breaches this provision, BROKER shall have the right of paying the monies it owes CARRIER directly to the delivering carrier, in lieu of payment to CARRIER, and BROKER shall thereby be released from any further obligation to pay CARRIER. Upon Broker’s payment to delivering carrier, CARRIER shall not be released from any liability to BROKER under this Agreement. IN ADDITION TO THE INDEMNITY OBLIGATION IN PARAGRAPH 7, CARRIER WILL BE LIABLE FOR CONSEQUENTIAL DAMAGES FOR VIOLATION OF THIS PARAGRAPH. i. The Parties agree that the shipment of freight will move under the terms and conditions listed in the ▇▇▇▇ of lading, except where inconsistent with the terms of this Agreement. ii. CARRIER agrees to list itself on the ▇▇▇▇ of lading as the party in possession and control of the freight. iii. The terms and conditions of the ▇▇▇▇ of lading shall not operate to alter or modify the terms of this Agreement between CARRIER and BROKER. iv. CARRIER shall issue a ▇▇▇▇ of lading in compliance with 49 U.S.C. §80101 et seq., 49 C.F.R. §373.101 (and any amendments thereto), for the property it receives for transportation under this Agreement. Unless otherwise agreed in writing, CARRIER shall become responsible/liable for the freight when it takes/receives possession thereof, and the trailer(s) is loaded, regardless of whether a ▇▇▇▇ of lading has been issued, and/or delivered to CARRIER, and which responsibility/liability shall continue until delivery of the shipment to the consignee and the consignee signs the ▇▇▇▇ of lading or delivery receipt. Any terms of the ▇▇▇▇ of lading (including but not limited to payment terms, released rates or released value) inconsistent with the terms of this Agreement shall be ineffective. Failure to issue a ▇▇▇▇ of lading or sign a ▇▇▇▇ of lading acknowledging receipt of the cargo by CARRIER shall not affect the liability of CARRIER. Said Bills of Lading are intended by the Parties to be Bills of Lading, as that term is interpreted under the ▇▇▇▇▇▇▇ Amendment and applicable law and not merely as “delivery receipts”, “freight receipts” or any similar term.

BILLS OF LADING. a. For each shipment tendered to CARRIER, CARRIER will provide to the shipper a standard ▇▇▇▇ of lading that is in accordance with 49 C.F.R. §373, listing the consignor and consignee, the origins and destinations, the number of packages, the description of the freight, and the weight, volume or measurement of the freight. The Parties agree that BROKER will not be a party to the ▇▇▇▇ of lading. b. CARRIER acknowledges that BROKER should not be listed on the ▇▇▇▇ of lading and that if BROKER is listed on the ▇▇▇▇ of Lading as the carrier this will occur for the convenience of the shipper only and CARRIER at all times is the actual carrier of goods and BROKER’S role is limited to arranging for transportation. In the event BROKER’S name is listed on the ▇▇▇▇ of lading, shipping manifest or other similar document, as the carrier, CARRIER shall cross-out or otherwise remove BROKER’S name and enter CARRIER’S name as applicable. c. CARRIER understands that re-brokering and double brokering may be prohibited by law and will not re-broker, assign or interline the shipments hereunder without the express written consent of BROKER prior to the shipment being tendered to any other CARRIER. If CARRIER breaches this provision, BROKER shall have the right of paying the monies it owes CARRIER directly to the delivering carrier, in lieu of payment to CARRIER, and BROKER shall thereby be released from any further obligation to pay CARRIER. Upon Broker’s payment to delivering carrier, CARRIER shall not be released from any liability to BROKER under this Agreement. IN ADDITION TO THE INDEMNITY OBLIGATION IN PARAGRAPH 7, CARRIER WILL BE LIABLE FOR CONSEQUENTIAL DAMAGES FOR VIOLATION OF THIS PARAGRAPH. i. The Parties agree that the shipment of freight will move under the terms and conditions listed in the ▇▇▇▇ of lading, except where inconsistent with the terms of this Agreement. ii. CARRIER agrees to list itself on the ▇▇▇▇ of lading as the party in possession and control of the freight. iii. The terms and conditions of the ▇▇▇▇ of lading shall not operate to alter or modify the terms of this Agreement between CARRIER and BROKER. iv. CARRIER Carrier shall issue a ▇▇▇▇ bill of lading in compliance with 49 U.S.C. §80101 et seq., 49 C.F.R. §373.101 (and any amendments thereto), for the property freight it receives for transportation under this Agreement. Unless otherwise agreed in writing, CARRIER Carrier shall become fully responsible/liable for the freight when it takes/receives possession thereof, and the trailer(s) is loaded, regardless of whether a ▇▇▇▇ bill of lading has been issued, and/or signed, and/or delivered to CARRIERCarrier, and which ▇▇▇▇▇▇▇’s responsibility/liability shall continue until delivery of the shipment to the consignee and the consignee signs the ▇▇▇▇ bill of lading or delivery receipt. ▇▇▇▇▇▇▇ has the responsibility to inspect the cargo prior to transportation, and any damages, missing pieces, or other issues with the cargo must be communicated to broker, in writing, and noted on the bill of lading with the shipper’s signature prior to transportation. Any terms of the ▇▇▇▇ bill of lading (including but not limited to payment terms, released rates or released value) inconsistent with the terms of this Agreement shall be ineffective. Failure ▇▇▇▇▇▇▇’s failure to issue a ▇▇▇▇ bill of lading or sign a ▇▇▇▇ bill of lading acknowledging receipt of the cargo by CARRIER shall not affect the liability of CARRIERCarrier as a motor carrier. Said Bills Carrier shall note on the bill of Lading are intended by lading any damages or potential issues with the Parties to be Bills cargo, crating, and packaging that may affect the safe transportation of Lading, as that term is interpreted under the cargo. ii. ▇▇▇▇▇▇▇ Amendment and applicable law agrees that any receipt or bill of lading issued by it shall serve only as a receipt for the goods (and not merely as the contract of carriage nor as evidence of title) and that no other provision of a Bill of Lading’s terms and conditions shall apply, (including, but not limited to, any provision purporting to “incorporate by reference” provisions of other publications such as the Carrier’s private tariffs, the National Motor Freight Classification, or the Uniform Straight Bill of Lading) and that all transactions between Broker and Carrier shall be governed by this Agreement between Broker and Carrier, provided however that the bill of lading may also contain instructions or specifications of the shipper or consignor pertaining to the transportation of the goods covered by the bill of lading which the Carrier agrees to follow or perform by issuing its bill of lading. ▇▇▇▇▇▇▇ agrees the insertion of ▇▇▇▇▇▇’s name on a receipt or bill of lading, in the space used to designate the carrier, is solely for the convenience of the shipper or consignor and such insertion shall not alter Broker’s status as a property broker nor cause Broker to be deemed a carrier. iii. ▇▇▇▇▇▇▇ agrees that when the bill of lading or other shipping document specifies that the shipment is “collect” only consignee will be liable for freight charges (regardless of whether shipper or consignor signed a “no recourse provision” on the bill of lading) and ▇▇▇▇▇▇▇ agrees to collect freight charges from consignee. ▇▇▇▇▇▇▇ agrees that ▇▇▇▇▇▇▇ will hold harmless shipper or consignor from any freight charges unless shipper and Carrier or consignor and the Carrier agree otherwise in writing. Carrier may decline to make delivery receipts”, “freight receipts” or any similar termof the shipment without payment by consignee.

BILLS OF LADING. a. (a) For each shipment tendered to CARRIER, CARRIER will provide to shipments originating in the shipper U.S. for delivery in Canada under a standard ▇▇▇▇ “through” bill of lading that is in accordance CARRIER shall sign a bill of lading which complies with 49 C.F.R. §373, listing the consignor and consignee, the origins and destinations, the number of packages, the description of the freight, and the weight, volume or measurement of the freight. The Parties agree that BROKER will not be a party to the ▇▇▇▇ of lading. b. CARRIER acknowledges that BROKER should not be listed on the ▇▇▇▇ of lading and that if BROKER is listed on the ▇▇▇▇ of Lading as the carrier this will occur for the convenience of the shipper only and CARRIER at all times is the actual carrier of goods and BROKER’S role is limited to arranging for transportation. In the event BROKER’S name is listed on the ▇▇▇▇ of lading, shipping manifest or other similar document, as the carrier, CARRIER shall cross-out or otherwise remove BROKER’S name and enter CARRIER’S name as applicable. c. CARRIER understands that re-brokering and double brokering may be prohibited by law and will not re-broker, assign or interline the shipments hereunder without the express written consent of BROKER prior to the shipment being tendered to any other CARRIER. If CARRIER breaches this provision, BROKER shall have the right of paying the monies it owes CARRIER directly to the delivering carrier, in lieu of payment to CARRIER, and BROKER shall thereby be released from any further obligation to pay CARRIER. Upon Broker’s payment to delivering carrier, CARRIER shall not be released from any liability to BROKER under this Agreement. IN ADDITION TO THE INDEMNITY OBLIGATION IN PARAGRAPH 7, CARRIER WILL BE LIABLE FOR CONSEQUENTIAL DAMAGES FOR VIOLATION OF THIS PARAGRAPH. i. The Parties agree that the shipment of freight will move under the terms and conditions listed in the ▇▇▇▇ of lading, except where inconsistent with the terms of this Agreement. ii. CARRIER agrees to list itself on the ▇▇▇▇ of lading as the party in possession and control of the freight. iii. The terms and conditions of the ▇▇▇▇ of lading shall not operate to alter or modify the terms of this Agreement between CARRIER and BROKER. iv. CARRIER shall issue a ▇▇▇▇ of lading in compliance with 49 U.S.C. §80101 et seq., 49 C.F.R. §USC 373.101 (and any amendments thereto), for the property it receives for transportation under this Agreement. Unless otherwise agreed in writing, CARRIER shall become fully responsible/liable for the freight when it takes/receives possession thereof, and the trailer(s) is loaded, regardless of whether a ▇▇▇▇ bill of lading has been issued, and/or signed, and/or delivered to CARRIER, and which responsibility/liability shall continue continues until delivery of the shipment to the consignee at destination, and the consignee signs the ▇▇▇▇ bill of lading or delivery receiptreceipt and delivers it to CARRIER. All signed delivery receipts and/or bills of lading shall be sent to BROKER within twenty-four (24) hours of pick-up or delivery. Any terms of the ▇▇▇▇ bill of lading (including but not limited to payment terms, released rates or released value) inconsistent with the terms of this Agreement shall be ineffectivecontrolled by the terms of this Agreement. Failure to issue a ▇▇▇▇ bill of lading or sign a ▇▇▇▇ bill of lading acknowledging receipt of the cargo cargo, by CARRIER CARRIER, shall not affect the liability of CARRIER. Said Bills . (b) If consignee refuses a shipment, or CARRIER is unable to deliver it for any reason, CARRIER’s liability as a warehouseman shall not begin until CARRIER has provided BROKER with twenty-four (24) hour written notification of Lading request for directions, and if no other directions are intended by received, either has placed the Parties shipment in a BROKER approved warehouse, or in CARRIER’s terminal or storage facility under reasonable security. (c) Shipments Originating in Canada to be Bills Delivered in the U.S.: CARRIER shall issue a uniform standard bill of Ladinglading for freight tendered to it for transportation and the services related to that shipment, as that term is interpreted under this Agreement and shall be liable to the person entitled to recover under the ▇▇▇▇▇▇▇ Amendment bill of lading. CARRIER’s liability shall be determined by federal and/or other provincial laws of Canada. (d) The terms of Sections B.2(a) and B.2(b) above shall be applicable law and if not merely as “delivery receipts”, “freight receipts” prohibited by federal or any similar termprovincial laws of Canada.

BILLS OF LADING. a. For each shipment tendered to CARRIER, CARRIER will provide to the shipper a standard ▇▇▇▇ of lading that is in accordance with 49 C.F.R. §373, listing the consignor and consignee, the origins and destinations, the number of packages, the description of the freight, and the weight, volume or measurement of the freight. The Parties agree that BROKER will not be a party to the ▇▇▇▇ of lading. b. CARRIER acknowledges agrees that BROKER should not be listed a BROKER’S name WILL NOT BE LISTED, as the carrier on the a ▇▇▇▇ of lading lading. Such a listing is not authorized by BROKER and that if BROKER is listed on it should occur the ▇▇▇▇ of Lading as the carrier this will occur for the convenience of the shipper only and CARRIER at all times is the actual carrier of goods and listing shall not change BROKER’S role is limited to arranging for transportationstatus as a property broker nor CARRIER’S status as a motor carrier. In no event shall the event BROKER’S name is BROKER be listed or referenced on or be a party to the ▇▇▇▇ of lading, shipping manifest or other similar document, as the carrier, CARRIER shall cross-out or otherwise remove BROKER’S name and enter CARRIER’S name as applicable. c. CARRIER understands that re-brokering and double brokering may be prohibited by law and will not re-broker, assign or interline the shipments hereunder without the express hereunder, written consent of BROKER prior to the shipment being tendered to any other CARRIER. If CARRIER breaches this provision, BROKER shall have the right of paying the monies it owes CARRIER directly to the delivering carrier, in lieu of payment to CARRIER, and BROKER shall thereby be released from any further obligation to pay CARRIER. Upon Broker’s payment to delivering carrier, CARRIER CARRIER, shall not be released from any liability to BROKER under this Agreement. IN ADDITION TO THE INDEMNITY OBLIGATION IN PARAGRAPH 7, In addition to the indemnity obligation in Paragraph 7 CARRIER WILL BE LIABLE FOR CONSEQUENTIAL DAMAGES FOR VIOLATION OF THIS PARAGRAPHwill be liable for consequential damages for violation of this Paragraph. i. The Parties agree that the shipment of freight will move under the terms and conditions listed in the ▇▇▇▇ of lading, except where inconsistent with the terms of this Agreement. ii. CARRIER agrees to list itself on the ▇▇▇▇ of lading as the party in possession and control of the freight. iii. The terms and conditions of the ▇▇▇▇ of lading shall not operate to alter or modify the terms of this Agreement between CARRIER and BROKER. iv. CARRIER shall issue a ▇▇▇▇ of lading in compliance with 49 U.S.C. §80101 et seq., 49 C.F.R. §373.101 (and any amendments thereto)) also commonly known as the Carmark Amendment, for the property it receives for transportation under this Agreement. Unless otherwise agreed in writing, CARRIER shall become fully or constructive possession, responsible/liable for the freight when it takes/receives possession thereof, and the trailer(s) is loaded, regardless of whether a ▇▇▇▇ of lading has been issued, and/or delivered to CARRIER, and which responsibility/liability shall continue until delivery of the shipment to the consignee and the consignee signs the ▇▇▇▇ of lading or delivery receipt. Any terms of the ▇▇▇▇ of lading (including but not limited to payment terms, released rates or released value) inconsistent with the terms of this Agreement shall be ineffective. Failure to issue a ▇▇▇▇ of lading lading, or sign a ▇▇▇▇ of lading acknowledging receipt of the cargo cargo, by CARRIER CARRIER, shall not affect the liability of CARRIER. Said Bills of Lading are intended by the Parties to be Bills of Lading, as that term is interpreted under the ▇▇▇▇▇▇▇ Amendment and applicable law and not merely as “delivery receipts”, “freight receipts” or any similar term.

BILLS OF LADING. a. For each shipment tendered to CARRIER, CARRIER will provide to the shipper a standard ▇▇▇▇ of lading that is in accordance with 49 C.F.R. §373, listing the consignor and consignee, the origins and destinations, the number of packages, the description of the freight, and the weight, volume or measurement of the freight. The Parties intend to interpret the term “▇▇▇▇ of lading” as that term is interpreted under the ▇▇▇▇▇▇▇ Amendment and applicable law and not merely as “delivery receipts”, “freight receipts” or any similar term. b. CARRIER agrees to list itself on the ▇▇▇▇ of lading as the party in possession and control of the freight. The Parties agree that BROKER will not be a party to the ▇▇▇▇ of lading. b. . CARRIER acknowledges agrees that BROKER should not be listed a BROKER’S name WILL NOT BE LISTED as the carrier on the A ▇▇▇▇ of lading lading. Such a listing is not authorized by BROKER and that if BROKER is listed on it should occur the ▇▇▇▇ of Lading as the carrier this will occur for the convenience of the shipper only and CARRIER at all times is the actual carrier of goods and listing shall not change BROKER’S role is limited to arranging for transportationstatus as a property broker nor CARRIER’S status as a motor carrier. In no event shall the event BROKER’S name is BROKER be listed or referenced on or be a party to the ▇▇▇▇ of lading, shipping manifest or other similar document, as the carrier, CARRIER shall cross-out or otherwise remove BROKER’S name and enter CARRIER’S name as applicable. c. CARRIER understands that re-brokering and double brokering may be prohibited by law and will not re-broker, assign assign, or interline the shipments hereunder without the express written consent of BROKER prior to the shipment being tendered to any other CARRIER. If CARRIER breaches this provision, BROKER shall have the right of paying the monies money it owes CARRIER directly to the delivering carrier, in lieu of payment to CARRIER, and BROKER shall thereby be released from any further obligation to pay CARRIER. Upon Broker’s payment to delivering carrier, CARRIER CARRIER, shall not be released from any liability to BROKER or to shipper under this Agreement. IN ADDITION TO THE INDEMNITY OBLIGATION IN PARAGRAPH In addition to the indemnity obligation in Paragraph 7, CARRIER WILL BE LIABLE FOR CONSEQUENTIAL DAMAGES FOR VIOLATION OF THIS PARAGRAPHwill be liable for consequential damages for violation of this Paragraph. If CARRIER breaches this provision, CARRIER assumes liability for any loss incurred regarding the shipment. i. d. The Parties agree that the shipment of freight will move under the terms and conditions listed in the ▇▇▇▇ of lading, except where inconsistent with the terms of this Agreement. ii. CARRIER agrees to list itself on the ▇▇▇▇ of lading as the party in possession and control of the freight. iii. The terms and conditions of the ▇▇▇▇ of lading shall not operate to alter or modify the terms of this Agreement between CARRIER and BROKER. iv. CARRIER shall issue a ▇▇▇▇ of lading in compliance with 49 U.S.C. §80101 et seq., 49 C.F.R. §373.101 (and any amendments thereto), for the property it receives for transportation under this Agreement. e. Unless otherwise agreed in writinginwriting, CARRIER shall become responsible/liable possess and be responsible for the freight when it takes/takes or receives possession thereof, the freight and the trailer(s) trailer is loaded, regardless of whether a ▇▇▇▇ of lading has been issued, and/or issued and delivered to CARRIER, . The CARRIER’S responsibility and which responsibility/liability shall continue until delivery of the shipment to the consignee and the consignee signs the ▇▇▇▇ of lading or delivery receipt. Any terms of the ▇▇▇▇ of lading (including but not limited to payment terms, released rates or released value) inconsistent with the terms of this Agreement shall be ineffective. Failure CARRIER’s failure to issue a ▇▇▇▇ of lading or lading, sign a ▇▇▇▇ of lading acknowledging receipt of the cargo, or notate on the ▇▇▇▇ of lading any alleged damage to the cargo by CARRIER upon receipt shall not affect the liability of CARRIER. Said Bills of Lading are intended by the Parties to be Bills of Lading, as that term is interpreted under the ▇▇▇▇▇▇▇ Amendment and applicable law and not merely as “delivery receipts”, “freight receipts” or any similar term.

BILLS OF LADING. a. For each shipment tendered to CARRIER, CARRIER will provide to the shipper a standard ▇▇▇▇ of lading that is in accordance with 49 C.F.R. §373, listing the consignor and consignee, the origins and destinations, the number of packages, the description of the freight, and the weight, volume or measurement of the freight. The Parties agree that BROKER will not be a party to the ▇▇▇▇ of lading. b. CARRIER acknowledges agrees that BROKER should a BROKER’S name will not be listed listed, as the carrier on the a ▇▇▇▇ of lading lading, unless agreed to by both parties prior to loading. Such a listing is not authorized by BROKER and that if BROKER is listed on it should occur the ▇▇▇▇ of Lading as the carrier this will occur for the convenience of the shipper only and CARRIER at all times is the actual carrier of goods and listing shall not change BROKER’S role is limited to arranging for transportationstatus as a property broker nor CARRIER’S status as a motor carrier. In no event shall the event BROKER’S name is BROKER be listed or referenced on or be a party to the ▇▇▇▇ of lading, shipping manifest or other similar document, as the carrier, CARRIER shall cross-out or otherwise remove BROKER’S name and enter CARRIER’S name as applicable. c. CARRIER understands that re-brokering and double brokering may be prohibited by law and will not re-broker, assign or interline the shipments hereunder without the express hereunder, written consent of BROKER prior to the shipment being tendered to any other CARRIER. If CARRIER breaches this provision, BROKER shall have the right of paying the monies it owes CARRIER directly to the delivering carrier, in lieu of payment to CARRIER, and BROKER shall thereby be released from any further obligation to pay CARRIER. Upon Broker’s payment to delivering carrier, CARRIER CARRIER, shall not be released from any liability to BROKER under this Agreement. IN ADDITION TO THE INDEMNITY OBLIGATION IN PARAGRAPH 7, In addition to the indemnity obligation in Paragraph 7 CARRIER WILL BE LIABLE FOR CONSEQUENTIAL DAMAGES FOR VIOLATION OF THIS PARAGRAPHwill be liable for consequential damages for violation of this Paragraph. i. The Parties agree that the shipment of freight will move under the terms and conditions listed in the ▇▇▇▇ of lading, except where inconsistent with the terms of this Agreement. ii. CARRIER agrees to list itself on the ▇▇▇▇ of lading as the party in possession and control of the freight. iii. The terms and conditions of the ▇▇▇▇ of lading shall not operate to alter or modify the terms of this Agreement between CARRIER and BROKER. iv. CARRIER shall issue a ▇▇▇▇ of lading in compliance with 49 U.S.C. §80101 et seq., 49 C.F.R. §373.101 (and any amendments thereto)) also commonly known as the Carmark Amendment, for the property it receives for transportation under this Agreement. Unless otherwise agreed in writing, CARRIER shall become fully or constructive possession, responsible/liable for the freight when it takes/receives possession thereof, and the trailer(s) is loaded, regardless of whether a ▇▇▇▇ of lading has been issued, and/or delivered to CARRIER, and which responsibility/liability shall continue until delivery of the shipment to the consignee and the consignee signs the ▇▇▇▇ of lading or delivery receipt. Any terms of the ▇▇▇▇ of lading (including but not limited to payment terms, released rates or released value) inconsistent with the terms of this Agreement shall be ineffective. Failure to issue a ▇▇▇▇ of lading lading, or sign a ▇▇▇▇ of lading acknowledging receipt of the cargo cargo, by CARRIER CARRIER, shall not affect the liability of CARRIER. Said Bills of Lading are intended by the Parties to be Bills of Lading, as that term is interpreted under the ▇▇▇▇▇▇▇ Amendment and applicable law and not merely as “delivery receipts”, “freight receipts” or any similar term.

BILLS OF LADING. a. For each shipment tendered to CARRIER, CARRIER will provide to the shipper a standard ▇▇▇▇ of lading that is in accordance with 49 C.F.R. §373, listing the consignor and consignee, the origins and destinations, the number of packages, the description of the freight, and the weight, volume or measurement of the freight. The Parties agree that BROKER will not be a party to the ▇▇▇▇ of lading. b. CARRIER acknowledges that BROKER should not be listed on the ▇▇▇▇ of lading and that if BROKER is listed on the ▇▇▇▇ of Lading as the carrier this will occur for the convenience of the shipper only and CARRIER at all times is the actual carrier of goods and BROKER’S role is limited to arranging for transportation. In the event BROKER’S name is listed on the ▇▇▇▇ of lading, shipping manifest or other similar document, as the carrier, CARRIER shall cross-out or otherwise remove BROKER’S name and enter CARRIER’S name as applicable. c. CARRIER understands that re-brokering and double brokering may be prohibited by law and will not re-broker, assign or interline the shipments hereunder without the express written consent of BROKER prior to the shipment being tendered to any other CARRIER. If CARRIER breaches this provision, BROKER shall have the right of paying the monies it owes CARRIER directly to the delivering carrier, in lieu of payment to CARRIER, and BROKER shall thereby be released from any further obligation to pay CARRIER. Upon Broker’s payment to delivering carrier, CARRIER shall not be released from any liability to BROKER under this Agreement. IN ADDITION TO THE INDEMNITY OBLIGATION IN PARAGRAPH 7, CARRIER WILL BE LIABLE FOR CONSEQUENTIAL DAMAGES FOR VIOLATION OF THIS PARAGRAPH. i. The Parties agree that the shipment of freight will move under the terms and conditions listed in the ▇▇▇▇ of lading, except where inconsistent with the terms of this Agreement. ii. CARRIER agrees to list itself on the ▇▇▇▇ of lading as the party in possession and control of the freight. iii. The terms and conditions of the ▇▇▇▇ of lading shall not operate to alter or modify the terms of this Agreement between CARRIER and BROKER. iv. CARRIER Carrier shall issue a ▇▇▇▇ bill of lading in compliance with 49 U.S.C. §80101 et seq., 49 C.F.R. §373.101 (and any amendments thereto), for . For the property it receives for transportation under this Agreement. Unless otherwise agreed in writing, CARRIER Carrier shall become fully responsible/liable for the freight when it takes/receives possession thereof, and the trailer(s) is loaded, regardless of whether a ▇▇▇▇ bill of lading has been issued, and/or signed, and/or delivered to CARRIERCarrier, and which responsibility/liability shall continue until delivery of the shipment to the consignee and the consignee signs the ▇▇▇▇ bill of lading or delivery receipt. Any terms of the ▇▇▇▇ bill of lading (including but not limited to payment terms, released rates rates, or released value) inconsistent with the terms of this Agreement shall be ineffective. Failure ▇▇▇▇▇▇▇’s failure to issue a ▇▇▇▇ bill of lading or sign a ▇▇▇▇ bill of lading acknowledging receipt of the cargo by CARRIER shall not affect the liability of CARRIERCarrier. ii. Said Bills of Lading are intended by the Parties to be Bills of Lading, as that term is interpreted under the ▇▇▇▇▇▇▇ Amendment and applicable law agrees that any receipt or Bill of Lading issued by it shall serve only as a receipt for the goods (and not merely as the contract of carriage nor as evidence of title) and that no other provision of a Bill of Lading’s terms and conditions shall apply, (including, but not limited to, any provision purporting to “incorporate by reference” provisions of other publications such as the Carrier’s private tariffs, the National Motor Freight Classification, or the Uniform Straight Bill of Lading) and that all transactions between Broker and Carrier shall be governed by the Contract between Broker and Carrier, provided however that the Bill of Lading. ▇▇▇▇▇▇▇ agrees the insertion of ▇▇▇▇▇▇’s name on a receipt or Bill of Lading, in the space used to designate the carrier, is solely for the convenience of the shipper or consignor and such insertion shall not alter Broker’s status as a property broker nor cause Broker to be deemed a carrier. iii. ▇▇▇▇▇▇▇ agrees that when the Bill of Lading or other shipping document specifies that the shipment is “collect” only Consignee will be liable for freight charges (regardless of whether Shipper or Consignor signed a “no recourse provision” on the Bill of Lading) and ▇▇▇▇▇▇▇ agrees to collect freight charges from Consignee. ▇▇▇▇▇▇▇ agrees that Shipper or Consignor will be held harmless from any freight charges unless Shipper and Carrier or Consignor and the Carrier agree otherwise in writing. Carrier may decline to make delivery receipts”, “freight receipts” or any similar termof the shipment without payment by Consignee.

BILLS OF LADING. a. For each shipment tendered to CARRIER, CARRIER will provide to the shipper a standard ▇▇▇▇ bill of lading that is in accordance with 49 C.F.R. §373, listing the consignor and consignee, the origins and destinations, the number of packages, the description of the freight, and the weight, volume or measurement of the freight. The Parties agree that BROKER will not be a party to the bill of lading. ▇. ▇▇▇▇▇▇▇ agrees that a BROKER’S name WILL NOT BE LISTED, as the carrier on a bill of lading. Such a listing is not authorized by BROKER and if it should occur the listing shall not change BROKER’S status as a property broker nor CARRIER’S status as a motor carrier. In no event shall the BROKER be listed or referenced on or be a party to the bill of lading. b. CARRIER acknowledges that BROKER should not be listed on the ▇. ▇▇▇▇▇▇▇ of lading and that if BROKER is listed on the ▇▇▇▇ of Lading as the carrier this will occur for the convenience of the shipper only and CARRIER at all times is the actual carrier of goods and BROKER’S role is limited to arranging for transportation. In the event BROKER’S name is listed on the ▇▇▇▇ of lading, shipping manifest or other similar document, as the carrier, CARRIER shall cross-out or otherwise remove BROKER’S name and enter CARRIER’S name as applicable. c. CARRIER understands that re-brokering and double brokering may be prohibited by law and will not re-broker, assign or interline the shipments hereunder without the express hereunder, written consent of BROKER prior to the shipment being tendered to any other CARRIER. If CARRIER breaches this provision, BROKER shall have the right of paying the monies it owes CARRIER directly to the delivering carrier, in lieu of payment to CARRIER, and BROKER shall thereby be released from any further obligation to pay CARRIER. Upon Broker▇▇▇▇▇▇’s payment to delivering carrier, CARRIER CARRIER, shall not be released from any liability to BROKER under this Agreement. IN ADDITION TO THE INDEMNITY OBLIGATION IN PARAGRAPH 7, In addition to the indemnity obligation in Paragraph 7 CARRIER WILL BE LIABLE FOR CONSEQUENTIAL DAMAGES FOR VIOLATION OF THIS PARAGRAPHwill be liable for consequential damages for violation of this Paragraph. i. The Parties agree that the shipment of freight will move under the terms and conditions listed in the bill of lading. ii. ▇▇▇▇▇▇▇ of lading, except where inconsistent with the terms of this Agreement. ii. CARRIER agrees to list itself on the ▇▇▇▇ bill of lading as the party in possession and control of the freight. iii. The terms and conditions of the ▇▇▇▇ bill of lading shall not operate to alter or modify the terms of this Agreement between CARRIER and BROKER. iv. CARRIER shall issue a ▇▇▇▇ bill of lading in compliance with 49 U.S.C. §80101 et seq., 49 C.F.R. §373.101 (and any amendments thereto)) also commonly known as the Carmark Amendment, for the property it receives for transportation under this Agreement. Unless otherwise agreed in writing, CARRIER shall become fully or constructive possession, responsible/liable for the freight when it takes/receives possession thereof, and the trailer(s) is loaded, regardless of whether a ▇▇▇▇ bill of lading has been issued, and/or delivered to CARRIER, and which responsibility/liability shall continue until delivery of the shipment to the consignee and the consignee signs the ▇▇▇▇ bill of lading or delivery receipt. Any terms of the ▇▇▇▇ bill of lading (including but not limited to payment terms, released rates or released value) inconsistent with the terms of this Agreement shall be ineffective. Failure to issue a ▇▇▇▇ bill of lading lading, or sign a ▇▇▇▇ bill of lading acknowledging receipt of the cargo cargo, by CARRIER CARRIER, shall not affect the liability of CARRIER. Said Bills of Lading are intended by the Parties to be Bills of Lading, as that term is interpreted under the ▇▇▇▇▇▇▇ Amendment and applicable law and not merely as “delivery receipts”, “freight receipts” or any similar term.

BILLS OF LADING. a. For each shipment tendered to CARRIER, CARRIER will provide to the shipper a standard ▇▇▇▇ bill of lading that is in accordance with 49 C.F.R. §373, listing the consignor and consignee, the origins and destinations, the number of packages, the description of the freight, and the weight, volume or measurement of the freight. The Parties agree that BROKER will not be a party to the bill of lading. ▇. ▇▇▇▇▇▇▇ agrees that a BROKER’S name WILL NOT BE LISTED, as the carrier on a bill of lading. Such a listing is not authorized by BROKER and if it should occur the listing shall not change BROKER’S status as a property broker nor CARRIER’S status as a motor carrier. In no event shall the BROKER be listed or referenced on or be a party to the bill of lading. b. CARRIER acknowledges that BROKER should not be listed on the ▇. ▇▇▇▇▇▇▇ of lading and that if BROKER is listed on the ▇▇▇▇ of Lading as the carrier this will occur for the convenience of the shipper only and CARRIER at all times is the actual carrier of goods and BROKER’S role is limited to arranging for transportation. In the event BROKER’S name is listed on the ▇▇▇▇ of lading, shipping manifest or other similar document, as the carrier, CARRIER shall cross-out or otherwise remove BROKER’S name and enter CARRIER’S name as applicable. c. CARRIER understands that re-brokering and double brokering may be prohibited by law and will not re-broker, assign or interline the shipments hereunder hereunder, without the express written consent of BROKER prior to the shipment being tendered to any other CARRIER. If CARRIER breaches this provision, BROKER shall have the right of paying the monies it owes CARRIER directly to the delivering carrier, in lieu of payment to CARRIER, and BROKER shall thereby be released from any further obligation to pay CARRIER. Upon Broker▇▇▇▇▇▇’s payment to delivering carrier, CARRIER CARRIER, shall not be released from any liability to BROKER under this Agreement. IN ADDITION TO THE INDEMNITY OBLIGATION IN PARAGRAPH 7, In addition to the indemnity obligation in Paragraph 7 CARRIER WILL BE LIABLE FOR CONSEQUENTIAL DAMAGES FOR VIOLATION OF THIS PARAGRAPHwill be liable for consequential damages for violation of this Paragraph. i. The Parties agree that the shipment of freight will move under the terms and conditions listed in the bill of lading. ii. ▇▇▇▇▇▇▇ of lading, except where inconsistent with the terms of this Agreement. ii. CARRIER agrees to list itself on the ▇▇▇▇ bill of lading as the party in possession and control of the freight. iii. The terms and conditions of the ▇▇▇▇ bill of lading shall not operate to alter or modify the terms of this Agreement between CARRIER and BROKER. iv. CARRIER shall issue a ▇▇▇▇ bill of lading in compliance with 49 U.S.C. §80101 et seq., 49 C.F.R. §373.101 (and any amendments thereto)) also commonly known as the Carmark Amendment, for the property it receives for transportation under this Agreement. Unless otherwise agreed in writing, CARRIER shall become responsible/liable for the freight when it takes/receives possession thereof, and the trailer(s) is loaded, regardless of whether a ▇▇▇▇ of lading has been issued, and/or delivered to CARRIER, and which responsibility/liability shall continue until delivery of the shipment to the consignee and the consignee signs the ▇▇▇▇ of lading or delivery receipt. Any terms of the ▇▇▇▇ of lading (including but not limited to payment terms, released rates or released value) inconsistent with the terms of this Agreement shall be ineffective. Failure to issue a ▇▇▇▇ of lading or sign a ▇▇▇▇ of lading acknowledging receipt of the cargo by CARRIER shall not affect the liability of CARRIER. Said Bills of Lading are intended by the Parties to be Bills of Lading, as that term is interpreted under the ▇▇▇▇▇▇▇ Amendment and applicable law and not merely as “delivery receipts”, “freight receipts” or any similar term.

BILLS OF LADING. a. For each shipment tendered to CARRIER, 6.1 CARRIER will provide issue and sign a standard, uniform straight Bill of Lading, or other receipt acceptable to the shipper a standard ▇▇▇▇ BROKER and BROKER'S Customers, upon acceptance of goods for transportation. Bills of lading that may be upon a form prepared and presented by BROKER'S Customers. It is in accordance with 49 C.F.R. §373, listing the consignor and consignee, the origins and destinations, the number of packages, the description signing of the freightBill of Lading by CARRIER'S driver or other representative that constitutes "execution" of the Bill of Lading, not the preparation of that document. It is agreed that a shipper's and/or customer's identification of BROKER'S name on a Bill of Lading shall be for the shipper's/consignor's convenience only, and the weight, volume such notation shall not affect or measurement of the freight. The Parties agree that BROKER will not be defeat BROKER'S status as a party to the ▇▇▇▇ of lading. b. CARRIER acknowledges that BROKER should not be listed on the ▇▇▇▇ of lading and that if BROKER is listed on the ▇▇▇▇ of Lading Property Broker or CARRIER'S status as the carrier this will occur for the convenience of the shipper only and CARRIER at all times is the actual carrier of goods and BROKER’S role is limited to arranging for transportationa Motor Carrier. In the event BROKER’S name is listed on the ▇▇▇▇ of lading, shipping manifest or other similar document, as the carrier, CARRIER shall cross-out or otherwise remove BROKER’S name and enter CARRIER’S name as applicable. c. CARRIER understands that re-brokering and double brokering may be prohibited by law and will not re-broker, assign or interline the shipments hereunder without the express written consent of BROKER prior to the shipment being tendered to any other CARRIER. If CARRIER breaches this provision, BROKER shall have the right of paying the monies it owes CARRIER directly to the delivering carrier, in lieu of payment to CARRIER, and BROKER shall thereby be released from any further obligation to pay CARRIER. Upon Broker’s payment to delivering carrier, CARRIER shall not be released from any liability to BROKER under this Agreement. IN ADDITION TO THE INDEMNITY OBLIGATION IN PARAGRAPH 7, CARRIER WILL BE LIABLE FOR CONSEQUENTIAL DAMAGES FOR VIOLATION OF THIS PARAGRAPH. i. The Parties agree that the shipment of freight will move under the terms and conditions listed of any Bill of Lading executed by CARRIER in the ▇▇▇▇ of lading, except where inconsistent connection with a shipment transported pursuant to this Agreement shall conflict with the terms of this Agreement. ii. CARRIER agrees to list itself on the ▇▇▇▇ of lading as the party in possession and control of the freight. iii. The terms and conditions of this Agreement, the ▇▇▇▇ terms and conditions of this Agreement shall govern and take precedence. 6.2 CARRIER agrees that the bill of lading shall be prima facie evidence of receipt of those goods in good order, regardless of whether the CARRIER loaded the goods, received the goods in a sealed trailer, and/or was not operate allowed to alter observe or modify supervise the terms loading process. Such Bill of this Agreement between CARRIER and BROKER. ivLading shall be issued immediately upon CARRIER’S receipt of such property. If receiver refuses to sign the Bill of Lading or any other delivery document at time of delivery, then CARRIER shall issue a ▇▇▇▇ of lading in compliance with 49 U.S.C. §80101 et seq., 49 C.F.R. §373.101 (and any amendments thereto), immediately contact BROKER for the property it receives for transportation under this Agreementdirection. Unless otherwise agreed in writing, CARRIER shall become responsible/fully responsible and liable for the freight cargo when it takes/receives possession thereof, and the trailer(s) is is/are loaded, regardless of whether a ▇▇▇▇ Bill of lading Lading has been issued, and/or signed, and/or delivered to CARRIER, and which responsibility/liability shall continue until delivery and unloading of the shipment to the consignee and the consignee signs the ▇▇▇▇ Bill of lading Lading or delivery receipt. Any terms of the ▇▇▇▇ of lading (including but not limited to payment terms, released rates or released value) inconsistent with the terms of this Agreement shall be ineffective. Failure to issue a ▇▇▇▇ Bill of lading Lading, or sign a ▇▇▇▇ Bill of lading Lading acknowledging receipt of the cargo by CARRIER CARRIER, shall not affect the liability of CARRIER. Said Bills of Lading are intended by the Parties to be Bills of Lading, as that term is interpreted under the ▇▇▇▇▇▇▇ Amendment and applicable law and not merely as “delivery receipts”, “freight receipts” or any similar term.

BILLS OF LADING. a. For each shipment tendered to CARRIER, CARRIER will provide to the shipper a standard ▇▇▇▇ of lading that is in accordance with 49 C.F.R. §373, listing the consignor and consignee, the origins origin and destinations, the number of packages, the description of the freight, and the weight, volume or measurement of the freight. The Parties agree that BROKER will not be a party to the ▇▇▇▇ of lading. b. CARRIER acknowledges that BROKER should not be listed on the ▇▇▇▇ of lading and that if BROKER is listed on the ▇▇▇▇ of Lading lading as the carrier this will occur for the convenience of the shipper only and CARRIER at all times is the actual carrier of goods and BROKER’S ’s role is limited to arranging for transportation. In the event BROKER’S name is listed on the ▇▇▇▇ of lading, shipping manifest or other similar document, as the carrier, CARRIER shall cross-out or otherwise remove BROKER’S name and enter CARRIER’S name as applicable. c. CARRIER understands that re-brokering and double double-brokering may be prohibited by law and will not re-broker, assign or interline the shipments hereunder without the express written consent of BROKER prior to the shipment being tendered to any other CARRIERcarrier. If CARRIER breaches this provision, BROKER shall have the right of paying the monies it owes CARRIER directly to the delivering carrier, in lieu of payment to CARRIER, and BROKER shall thereby be released from any further obligation to pay CARRIER. Upon BrokerBROKER’s payment to delivering carrier, CARRIER shall not be released from any liability to BROKER under this Agreement. IN ADDITION TO THE INDEMNITY OBLIGATION IN PARAGRAPH 78, CARRIER WILL BE LIABLE FOR CONSEQUENTIAL DAMAGES FOR VIOLATION OF THIS PARAGRAPH. i. The Parties agree that the shipment of freight will move under the terms and conditions listed in the ▇▇▇▇ of lading, except where inconsistent with the terms of this Agreement. ii. CARRIER agrees to list itself on the ▇▇▇▇ of lading as the party in possession and control of the freight. iii. The terms and conditions of the ▇▇▇▇ of lading shall not operate to alter or modify the terms of this Agreement between CARRIER and BROKER. iv. CARRIER shall issue a ▇▇▇▇ of lading in compliance with 49 U.S.C. §80101 et seq., 49 C.F.R. §373.101 (and any amendments thereto), for the property it receives for transportation under this Agreement. Unless otherwise agreed in writing, CARRIER shall become responsible/liable for the freight when it takes/receives possession thereof, and the trailer(s) is loaded, regardless of whether a ▇▇▇▇ of lading has been issued, and/or delivered to CARRIER, and which responsibility/liability shall continue until delivery of the shipment to the consignee and the consignee signs the ▇▇▇▇ of lading or delivery receipt. Any terms of the ▇▇▇▇ of lading (including but not limited to payment terms, released rates or released value) inconsistent with the terms of this Agreement shall be ineffective. Failure to issue a ▇▇▇▇ of lading or sign a ▇▇▇▇ of lading acknowledging receipt of the cargo by CARRIER shall not affect the liability of CARRIER. Said Bills bills of Lading lading are intended by the The Parties to be Bills bills of Ladinglading, as that term is interpreted under the ▇▇▇▇▇▇▇ Amendment and applicable law and not merely as “delivery receipts”, ,” “freight receipts” or any similar term.

BILLS OF LADING. a. For all property received by, and for each shipment tendered to CARRIERCARRIER for transportation under this Agreement, CARRIER will shall issue and provide to the shipper a standard ▇▇▇▇ of lading (each, a “▇▇▇▇ of Lading,” and collectively, the “Bills of Lading”) that is in accordance comports with 49 U.S.C. § 80101 et seq. and 49 C.F.R. §part 373, as amended, listing the consignor and consignee, the origins and destinations, the number of packages, the description of the freight, and the weight, volume or measurement of the freight. The Parties agree that BROKER will not be . b. Unless otherwise agreed by the parties in writing, CARRIER shall become responsible and liable for the freight when it takes or receives possession thereof, regardless of whether loaded on the trailer(s) or a party to the ▇▇▇▇ of lading. b. Lading has been issued/received for the freight. Such responsibility and liability of CARRIER acknowledges that BROKER should not be listed on shall continue until delivery of the ▇▇▇▇ freight to the consignee and CARRIER’s receipt of lading and that if BROKER is listed the consignee’s signature on the ▇▇▇▇ of Lading as the carrier this will occur for the convenience of the shipper only and CARRIER at all times is the actual carrier of goods and BROKER’S role is limited to arranging for transportation. In the event BROKER’S name is listed on the ▇▇▇▇ of lading, shipping manifest or other similar document, as the carrier, CARRIER shall cross-out or otherwise remove BROKER’S name and enter CARRIER’S name as applicabledelivery receipt. c. CARRIER understands that re-brokering and double brokering may be prohibited by law and will not re-broker, assign or interline the shipments hereunder without the express written consent of BROKER prior to the shipment being tendered to any other CARRIER. If CARRIER breaches this provision, BROKER shall have the right of paying the monies it owes CARRIER directly to the delivering carrier, in lieu of payment to CARRIER, and BROKER shall thereby be released from any further obligation to pay CARRIER. Upon Broker’s payment to delivering carrier, CARRIER shall not be released from any liability to BROKER under this Agreement. IN ADDITION TO THE INDEMNITY OBLIGATION IN PARAGRAPH 7, CARRIER WILL BE LIABLE FOR CONSEQUENTIAL DAMAGES FOR VIOLATION OF THIS PARAGRAPH. i. The Parties agree that the shipment of freight will move under the terms and conditions listed in the ▇▇▇▇ of lading, except where inconsistent with the Any terms of this Agreement. ii. CARRIER agrees to list itself on the ▇▇▇▇ of lading as the party in possession and control of the freight. iii. The terms and conditions of the ▇▇▇▇ of lading shall not operate to alter or modify the terms of this Agreement between CARRIER and BROKER. iv. CARRIER shall issue a ▇▇▇▇ of lading in compliance with 49 U.S.C. §80101 et seq.Lading, 49 C.F.R. §373.101 (and any amendments thereto)including, for the property it receives for transportation under this Agreement. Unless otherwise agreed in writingwithout limitation, CARRIER shall become responsible/liable for the freight when it takes/receives possession thereof, and the trailer(s) is loaded, regardless of whether a ▇▇▇▇ of lading has been issued, and/or delivered to CARRIER, and which responsibility/liability shall continue until delivery of the shipment to the consignee and the consignee signs the ▇▇▇▇ of lading or delivery receipt. Any terms of the ▇▇▇▇ of lading (including but not limited to payment terms, released rates or released value) , that are inconsistent with the terms of this Agreement shall be ineffectiveineffective and the terms of this Agreement shall govern such matters. Failure to issue a ▇▇▇▇ of lading Lading or sign a ▇▇▇▇ of lading Lading acknowledging receipt of the cargo freight by CARRIER shall not discharge or affect the liability of CARRIER. Said Each of said Bills of Lading are intended by the Parties parties to be Bills a “▇▇▇▇ of Ladinglading”, as that term is interpreted under the ▇▇▇▇▇▇▇ Amendment and applicable law and are not to be construed merely as “delivery receipts”, “freight receipts” or any similar term. d. The parties hereto agree that BROKER will not be listed on any Bills of Lading. CARRIER shall be listed on all Bills of Lading as the party in possession and control of the freight. In the event BROKER is listed as the carrier on any ▇▇▇▇ of Lading, shipping manifest or other similar document: (i) such designation shall be for the convenience of the shipper only;

BILLS OF LADING. a. For each shipment tendered to CARRIER, CARRIER will provide to the shipper a standard ▇▇▇▇ of lading that is in accordance with 49 C.F.R. §373, listing the consignor and consignee, the origins and destinations, the number of packages, the description of the freight, and the weight, volume or measurement of the freight. The Parties agree that BROKER will not be a party to the ▇▇▇▇ of lading. b. CARRIER acknowledges that BROKER should not be listed on the ▇▇▇▇ of lading and that if BROKER is listed on the ▇▇▇▇ of Lading as the carrier this will occur for the convenience of the shipper only and CARRIER at all times is the actual carrier of goods and BROKER’S role is limited to arranging for transportation. In the event BROKER’S name is listed on the ▇▇▇▇ of lading, shipping manifest or other similar document, as the carrier, CARRIER shall cross-out or otherwise remove BROKER’S name and enter CARRIER’S name as applicable. c. CARRIER understands that re-brokering and double brokering may be prohibited by law and will not re-broker, assign or interline the shipments hereunder without the express written consent of BROKER prior to the shipment being tendered to any other CARRIER. If CARRIER breaches this provision, BROKER shall have the right of paying the monies it owes CARRIER directly to the delivering carrier, in lieu of payment to CARRIER, and BROKER shall thereby be released from any further obligation to pay CARRIER. Upon Broker’s payment to delivering carrier, CARRIER shall not be released from any liability to BROKER under this Agreement. IN ADDITION TO THE INDEMNITY OBLIGATION IN PARAGRAPH 7, CARRIER WILL BE LIABLE FOR CONSEQUENTIAL DAMAGES FOR VIOLATION OF THIS PARAGRAPH. i. The Parties agree that the shipment of freight will move under the terms and conditions listed in the ▇▇▇▇ of lading, except where inconsistent with the terms of this Agreement. ii. CARRIER agrees to list itself on the ▇▇▇▇ of lading as the party in possession and control of the freight. iii. The terms and conditions of the ▇▇▇▇ of lading shall not operate to alter or modify the terms of this Agreement between CARRIER and BROKER. iv. CARRIER shall issue and sign a ▇▇▇▇ standard, uniform straight bill of lading or other receipt (“Bill of Lading”) in compliance with 49 U.S.C. §80101 et seq., 49 C.F.R. §373.101 (and any amendments thereto), for the property it receives for transportation under this the Agreement. If the CARRIER permits the shipper to prepare the Bill of Lading, CARRIER warrants that it shall ensure that the Bill of Lading properly names CARRIER as the “carrier” before signing it, and shall strike out any incorrect designation of the BROKER, or any other entity, as carrier, and write in the CARRIER’s name. Unless otherwise agreed in writing, CARRIER shall become responsible/fully liable for the freight when it takes/takes and/or receives possession thereof, and or the trailer(s) CARRIER’s trailer is loaded, regardless of whether a ▇▇▇▇ Bill of lading Lading has been issued, signed by and/or delivered to CARRIER, and which responsibility/. CARRIER’s liability shall continue until delivery of the shipment to the consignee and receipt of signature from the consignee signs on the Bill of Lading or delivery receipt. The Bill of Lading shall be prima facie evidence of the receipt of the shipment in good order and condition by the CARRIER, unless otherwise noted on the face of the Bill of Lading. CARRIER shall notify BROKER immediately of any exception made on the Bill of Lading or delivery receipt. CARRIER shall submit the original of the Bill of Lading to BROKER. If CARRIER fails to retain custody of the original Bill of ▇▇▇▇ ▇▇▇, CARRIER assumes all risk of lading or loss from any resulting failure in being able to prove delivery receiptin good condition. Any terms of the ▇▇▇▇ Bill of lading Lading (including including, but not limited to to, payment and credit terms, released rates or and released value) inconsistent with the terms of this Agreement shall be ineffective. Failure to issue a ▇▇▇▇ of lading or sign a ▇▇▇▇ of lading acknowledging receipt of the cargo by CARRIER shall not affect the liability of CARRIER. Said Bills of Lading are intended controlled and superseded by the Parties to be Bills terms of Lading, as that term is interpreted under the ▇▇▇▇▇▇▇ Amendment and applicable law and not merely as “delivery receipts”, “freight receipts” or any similar termthis Agreement.

BILLS OF LADING. a. For each shipment tendered to CARRIER, i . CARRIER will provide to the shipper shall ensure that Shipper issue a standard ▇▇▇▇ of lading that is in accordance with 49 C.F.R. §373, listing the consignor and consignee, the origins and destinations, the number of packages, the description of the freight, and the weight, volume or measurement of the freight. The Parties agree that BROKER will not be a party to the ▇▇▇▇ of lading. b. CARRIER acknowledges that BROKER should not be listed on the ▇▇▇▇ of lading and that if BROKER is listed on the ▇▇▇▇ of Lading as the carrier this will occur for the convenience of the shipper only and CARRIER at all times is the actual carrier of goods and BROKER’S role is limited to arranging for transportation. In the event BROKER’S name is listed on the ▇▇▇▇ of lading, shipping manifest or other similar document, as the carrier, CARRIER shall cross-out or otherwise remove BROKER’S name and enter CARRIER’S name as applicable. c. CARRIER understands that re-brokering and double brokering may be prohibited by law and will not re-broker, assign or interline the shipments hereunder without the express written consent in absence of BROKER prior to the shipment being tendered to any other CARRIER. If CARRIER breaches this provision, BROKER shall have the right of paying the monies it owes CARRIER directly to the delivering carrier, in lieu of payment to CARRIER, and BROKER shall thereby be released from any further obligation to pay CARRIER. Upon Broker’s payment to delivering carrier, CARRIER shall not be released from any liability to BROKER under this Agreement. IN ADDITION TO THE INDEMNITY OBLIGATION IN PARAGRAPH 7, CARRIER WILL BE LIABLE FOR CONSEQUENTIAL DAMAGES FOR VIOLATION OF THIS PARAGRAPH. i. The Parties agree that the shipment of freight will move under the terms and conditions listed in the Shipper supplied ▇▇▇▇ of lading, except where inconsistent with the terms of this Agreement. ii. CARRIER agrees to list itself on the ▇▇▇▇ of lading as the party in possession and control of the freight. iii. The terms and conditions of the ▇▇▇▇ of lading shall not operate to alter or modify the terms of this Agreement between CARRIER and BROKER. iv. CARRIER shall issue a ▇▇▇▇ of lading in compliance with 49 U.S.C. §80101 et seq., 49 ,49 C.F.R. §373.101 (and any amendments thereto), for the property it receives for transportation under this Agreement. Unless otherwise agreed in writing, CARRIER shall become fully responsible/liable for the freight when it takes/receives possession thereof, and the trailer(s) is loaded, regardless of whether a ▇▇▇▇ of lading has been issued, and/or signed, and/or delivered to CARRIER, and which responsibility/liability shall continue until delivery of the shipment to the consignee and proper consignee, the consignee signs the ▇▇▇▇ of lading or delivery receipt, and nothing remains to be done by CARRIER to deliver the shipment to the proper consignee. When a shipment is refused by the consignee, or CARRIER is unable to deliver it for any reason, CARRIER’S liability as a warehouseman shall not begin until CARRIER has placed the shipment in a public warehouse or storage facility under reasonable security, and with written permission from BROKER as to an agreed public warehouse, or alternate consignee location. Any terms of the ▇▇▇▇ of lading (including but not limited to payment terms, released rates or released value) inconsistent with the terms of this Agreement shall be ineffectivecontrolled by the terms of this Agreement. The parties acknowledge and agree that under no circumstances shall the CARRIER’S liability be less than the actual loss or injury to the property as represented by the shipper value, BROKER’S fees associated with the shipment and the freight charges. CARRIER’S liability hereunder may not be limited by any provision purporting to limit CARRIER’S liability, including without limitation, any ▇▇▇▇ of lading, tariff, schedule, service guide or similar document issued by or on behalf of CARRIER. Failure to issue a ▇▇▇▇ of lading lading, or sign a ▇▇▇▇ of lading acknowledging receipt of the cargo cargo, by CARRIER CARRIER, shall not affect the liability of CARRIER. Said Bills of Lading are intended by the Parties to be Bills of Lading, as that term is interpreted under the ▇▇▇▇▇▇▇ Amendment and applicable law and not merely as “delivery receipts”, “freight receipts” or any similar term.