CARRIER CONTRACTS. The aggregate commitment of the Issuer and its Subsidiaries under the carrier contracts to which they are parties does not exceed $400,000 per month.
CARRIER CONTRACTS. SPC shall take all commercially reasonable efforts to ensure that (i) each Carrier maintains insurance policies conforming to Marketer’s requirements with policy endorsements naming Marketer as an additional insured on such policies (and SPC shall make certificates of insurance evidencing such policies and endorsement available to Marketer upon request), (ii) the Carrier Contracts contain (or, within 60 days following the execution of this Agreement, are amended to contain) customary indemnification provisions through which Marketer may seek defense and indemnification against claims arising from any Carrier’s negligence or violation of law, unless otherwise prohibited by law, (iii) the Carrier Contracts are negotiated and renewed with Carriers at favorable rates and (iv) any prolonged or frequent Carrier performance failures are corrected or, if not corrected, that such Carriers are no longer utilized.
CARRIER CONTRACTS. The aggregate commitments of the Company and its Subsidiaries under all of the carrier contracts to which one or more of such Persons are parties do not exceed $1,200,000 per calendar month.
CARRIER CONTRACTS. DM will provide PGL with copies of all outstanding agreements with Carriers used during the Baseline Period that PGL does not currently have in its possession as of the Commencement Date. DM and PGL will evaluate all existing contracts with Carriers and determine which contracts to replace. PGL will then work with DM and the Carriers to enter into new direct agreements between PGL and the Carrier (expected to include contracts with truckload Carriers and may include intermodal marketing companies) or tri-party agreements between PGL, DM and the Carriers (expected to include the rail carriers for boxcar and intermodal shipments and ocean carrier agreements) and such other parties as mutually agreed by the parties. As part of this process, PGL will verify the insurance of each truckload Carrier and will enter the Carrier’s rates into its systems.
CARRIER CONTRACTS. BROKER warrants that it has entered into, or will enter into, bilateral contracts with each carrier it utilizes in the performance of this Agreement. BROKER further warrants that those contracts comply with all applicable federal and state regulations and shall include the following provisions:
CARRIER CONTRACTS. The Issuer shall use its best efforts to, within 30 days after the Preferred Stock Issue Date, provide to counsel for the initial Holder copies of contracts between it, each of its Subsidiaries and each of their carriers, including signature pages executed by such carriers and addendums or annexes specifying any minimum commitment to such carriers.
CARRIER CONTRACTS. The Board, alone or in collaboration with other governmental units, whether acting alone or jointly, including other service cooperatives, may negotiate Carrier Contracts for the benefit of the SC and each of the Participants with respect to any Group Employee Benefit or Other Financial and Risk Management Service. Such Carrier Contracts may establish, among other things:
CARRIER CONTRACTS. SUB-BROKER warrants that it has entered into, or will enter into, bilateral contracts with each carrier (each, a “Carrier,” and collectively, the “Carriers”) it utilizes to transport Tendered Freight in the performance of this Agreement. Such contracts between SUB- BROKER and Carriers are herein referred to, collectively, as “Carrier Contracts.” Further, SUB- BROKER represents and warrants that it: (i) will implement safeguards and utilize procedures for investigating the Carriers prior to entering into a Carrier Contract; (ii) will verify that each Carrier has the insurance coverages required below; and (iii) will not utilize any Carrier for Tendered Freight with an “unsatisfactory” or “conditional” rating by the U.S. Department of Transportation (“USDOT”) or under any other rating system.
CARRIER CONTRACTS. Seller, Buyer and Mobliss shall each use commercially reasonable efforts to cause the assignment of each of the Carrier Contracts from Mobliss and/or Seller to Buyer prior to February 28, 2007. In addition, following the Initial Closing, Mobliss and Seller shall assist, in good faith and using commercially reasonable efforts, Buyer in establishing business relationships with Sprint and any other carriers reasonably requested by Buyer, including facilitating introductions to the officers or other appropriate employees of such carriers.
