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carrier(s) shall give R2R Intermodal Inc not less than thirty (30) days prior notice of any cancellation of<br />
any insurance policy or coverage(s) or such cancellation shall not be effective as to R2R Intermodal Inc.<br />
C. NO BENEFITS. CONTRACTOR further understands and agrees that CONTRACTOR and<br />
CONTRACTOR’S subcontractor, agents or employees are not entitled to any employee benefits<br />
normally granted to R2R Intermodal Inc’s employees, and CONTRACTOR shall indemnify and hold<br />
R2R Intermodal Inc. forever harmless from any and all liabilities (including expense and attorneys’<br />
fees) and all costs, loss, expenses or damages are arising from employee compensation or benefits,<br />
unemployment, Social Security or any other tax deduction or any employee benefits including, but not<br />
limited to, group accident and health insurance or any workers’ compensation claims, injuries to or<br />
omissions of CONTRACTOR or CONTRACTOR’S subcontractors, agents or employees for failure to<br />
comply with the terms and obligations of this Agreement.<br />
D. CONTRACTOR NOT COVERED. It is expressly understood and agreed that, because of<br />
CONTRACTOR’S independent contractor status, R2R Intermodal Inc. is not obligated to carry any<br />
insurance covering CONTRACTOR, including workers’ compensation insurance, and that<br />
CONTRACTOR shall be responsible for the payment of premiums on any health, liability, or accident<br />
insurance carried by CONTRACTOR for its protection, or the protection of its subcontractors, agents<br />
and employees.<br />
E. DRIVERS QUALIFIED. CONTRACTOR warrants that CONTRACTOR will furnish to operate all<br />
Equipment leased pursuant to this Agreement only drivers or personnel who are qualified and<br />
competent. CONTRACTOR agrees that all drivers and personnel furnished will be required to meet all<br />
of the rules and regulations o the United States Department of Transportation, and any other regulatory<br />
body having jurisdiction as to safety, hours of service, inspection and maintenance, the taking of<br />
physical examinations, and furnishing a certificate therefore. All drivers and personnel will be required<br />
to comply as to the qualifications, training program, drug and alcohol testing and safety rules of the<br />
United States Department of Transportation, and any other body having jurisdiction. It is further agreed<br />
that all drivers and personnel furnished by CONTRACTOR shall comply with all rules and regulations<br />
prescribed by any regulatory body having jurisdiction over the operations to be conducted pursuant to<br />
this Agreement. CONTRACTOR will ensure that all records pertaining to the foregoing will be<br />
furnished to R2R Intermodal Inc. In order that R2R Intermodal Inc. can keep and maintain such<br />
records in accordance with the rules and regulations of all regulatory bodies having jurisdiction over<br />
these operations.<br />
F. FINES AND PENALTIES. R2R Intemrodal Inc shall not be responsible for any fine, expenses or<br />
costs incurred by CONTRACTOR or any drivers or personnel furnished by CONTRACTOR, by reason<br />
of its or their violation of, or failure to adhere to, any federal or state law, local ordinance or regulation,<br />
or rule or regulation of any federal, state or local regulatory body having jurisdiction; provided,<br />
however, that R2R Intermodal Inc. agrees to pay all fines and penalties inadequacies in operating<br />
authorities or license where it is mandatory that such be issued in R2R Intermodal Inc. R2R Intermodal<br />
Inc. shall be responsible for fines for overweight or over-dimension trailers when trailers are pre-loaded<br />
sealed or the load is containerized, or when the trailer or lading is otherwise outside of<br />
CONTRACTOR’S control, except when such fine shall be the result of an act or mission of<br />
CONTRACTOR or personnel furnished by CONTRACTOR.<br />
G. CONTRACTOR’S PERSONNEL. As between R2R Intermodal Inc. and CONTRACTOR, except as<br />
may be otherwise required by law or regulation, CONTRACTOR shall be solely responsible for the<br />
direction and supervision of all personnel furnished by CONTRACTOR in connection with this<br />
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