REPRESENTS AND WARRANTS THAT IT Sample Clauses

REPRESENTS AND WARRANTS THAT IT. Is a Registered Motor Carrier of Property authorized to provide transportation of property under contracts with shippers and receivers and/or brokers of general commodities; Shall transport the property under its own operating authority and subject to the terms of this Agreement; Makes the representations herein for the purpose of inducing BROKER to enter into this Agreement; Agrees that a shipper's insertion of BROKER's name as the carrier on a bill of lading shall be for the shipper's convenience only and shall not change BROKER's status as a property broker nor CARRIER's status as a motor carrier. Will not re-broker, assign or interline the shipments hereunder, and that all freight tendered to CARRIER under this Agreement shall be hauled on equipment owned or leased by CARRIER. In the event that CARRIER breaches this provision, in addition to other rights herein, CARRIER shall forfeit payment for the load at issue, shall waive any and all legal rights and remedies against BROKER with regard to the load at issue and shall re-pay BROKER any funds paid or advanced on the load at issue within seven (7) days of request by BROKER. Notwithstanding termination based on breach of this section, CARRIER shall be deemed the agent of the motor carrier(s) that performed the transportation for the purposes of payment and will remain liable to BROKER as if it had hauled the load for any loss incurred by BROKER. In addition to the indemnity obligation in paragraph 3.H CARRIER will be liable for consequential damages for violation of this Paragraph, regardless of whether arising from the conduct or omissions of CARRIER, subcontractor, or any other third party. Will notify BROKER immediately if its federal Operating Authority is revoked, suspended or rendered inactive for any reason; and/or if it is sold, or if there is a change in control of ownership, and/or any insurance required hereunder is threatened to be or is terminated, cancelled, suspended, or revoked for any reason.

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