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Agreement, including, but not limited to, the selection, hiring, firing, supervising, directing, training, setting wages, hours and working conditions, paying and adjusting grievances. As between CONTRACTOR and R2R Intermodal Inc. only, CONTRACTOR shall be solely and exclusively responsible for all aspects of the operation of the Equipment leased hereunder. 9. Compensation A. The compensation and additional terms affecting payment of that compensation are stated in APPENDIX “B,” attached to this Agreement and made a part hereof. B. In order that CONTRACTOR may verify the accuracy of all payments made pursuant to this Agreement, where payment is predicated upon a percentage of gross revenues, R2R Intermodal Inc. shall present CONTRACTOR with copies of rated freight bills, or a computer-generated document containing all of the same information, for all shipments transported in or with equipment leased pursuant to this Agreement. CONTRACTOR shall have the right to examine copies of R2R Intermodal Inc. tariffs or rate schedules at R2R Intermodal Inc. home office during reasonable business hours. In those circumstances when CONTRACTOR is given a computer-generated document rather than a copy of a freight bill, CONTRACTOR shall have the right to examine the source document(s) from which such computer-generated information was compiled, under the same conditions. However, R2R Intermodal Inc. shall have the right to block out or obliterate all references on such freight bills, source document(s), tariffs and rate schedules as to the identity of customers, shippers and consignees. 10. CONTRACTOR’s General Duties A. INSPECTION/WARRANTY. R2R Intermodal Inc. shall, prior to taking possession of the Equipment, Inspect said equipment. CONTRACTOR warrants that the Equipment is complete with all required accessories, appurtenances and appliances, and that the same is in good, safe and efficient operating condition and shall be so maintained, at CONTRACTOR’S sole expense throughout the duration of this Agreement. CONTRACTOR shall and will submit said Equipment for R2R Intermodal Inc. Inspection at the time R2R Intermodal Inc. takes possession and periodically thereafter, as required by R2R Intermodal Inc. CONTRACTOR shall furnish R2R Intermodal Inc. with all necessary information and documents of title or registration so as to enable R2R Intermodal Inc. to correctly identify and license the Equipment. CONTRACTOR shall furnish R2R Intermodal Inc copies of all statements or invoices for repairs to said Equipment on a monthly basis, whether than by CONTRACTOR or by a third party. R2R intermodal Inc. reserves the right to inspect the Equipment at any time, and if R2R Intermodal Inc exercises this right and the Equipment shall be utilized in R2R Intermodal Inc. service, as R2R Intermodal Inc. sees fit, CONTRACTOR shall not hinder or deter R2R Intermodal Inc’s utilization in any manner whatsoever, Nothing in this Paragraph or Agreement shall obligate R2R Intermodal Inc. utilize said Equipment with any specific frequency, for any specific number or miles, trips or pounds of freight. B. RECEIPTS FOR EQUIPMENT. When possession of said Equipment is taken by R2R Intermodal Inc. under the terms of this Agreement, R2R Intermodal Inc. shall issue to CONTRACTOR, on the form attached hereto as APPENDIX “C,” a receipt for said Equipment, stating the date and time at which possession is taken. When possession is retaken by CONTRACTOR, CONTRACTOR shall give R2R Intermodal Inc. a similar receipt on the form attached hereto as APPENDIX “C.” This Agreement shall not be considered terminated, for the sole purpose of calculating the time limits for payment of trip settlements due to CONTRACTOR hereunder, until CONTRACTOR has given R2R Intermodal Inc. its receipt, as act forth herein above acknowledging return of the Equipment to CONTRACTOR. Upon Page 6 of 10
termination of this Agreement, R2R Intermodal Inc. shall not be obligated to pay any accrued rentals due to CONTRACTOR in connection with said Equipment, until after CONTRACTOR’S receipt for the Equipment is received by 11. Subleasing/Trip Leasing/Etc. A. R2R Intermodal Inc. may sublease the Equipment which is the subject of this Agreement whenever permitted by applicable laws and regulations, and R2R Intermodal Inc. shall be considered to be the <strong>owner</strong> of said Equipment for the purpose of any such subleasing if such is required by law or regulation. Neither party may assign this Agreement. CONTRACTOR may not act as R2R Intermodal agent for the trip of sublease of the subject Equipment, except upon such express terms and conditions as R2R Intermodal Inc. may establish. In the event that CONTRACTOR trip-leases the subject Equipment without first having obtained R2R Intermodal Inc. approval, then R2R Intermodal Inc shall not be responsible to CONTRACTOR for the payment of any monies relating to said trip lease, unless and until R2R Intermodal Inc. has actually received payment from the trip-lease carrier, nor shall R2R Intermodal Inc. be responsible for any obligations to any trip-lessee undertaken by CONTRACTOR Further, it is the responsibility of CONTRACTOR to submit all paper work relating to a trip-lease shipment to R2R Intermodal Inc. and not to the trip-lease carrier. R2R Intermodal Inc shall then immediately forward said paperwork to the trip-lease carrier. B. Consistent with its independent contractor status, CONTRACTOR is free to, and may, lease or trip to other carriers at such times as the Equipment that is not being utilized by R2R Intermodal Inc, If CONTRACTOR enters into a sublease, CONTRACTOR agrees to assume all responsibility and hold R2R Intermodal Inc harmless from any claim by CONTRACTOR, its subcontractors, agents or employees during such sublease. C. At those times when CONTRACTOR is not operating under R2R Intermodal Inc. operating authorities or otherwise operating in R2R Intermodal Inc. service pursuant to this Agreement, or is hauling for someone else, CONTRACTOR agrees to cover or remove any signs and/or other identification on the Equipment containing R2R Intermodal Inc. name and or motor carrier identification numbers. 12. Indemnification by Contractor As between R2R Intermodal Inc. and CONTRACTOR only, without any regard or effect upon the obligation R2R Intermodal Inc. any third party, CONTRACTOR agrees to be responsible for, indemnify and hold R2R Intermodal Inc. harmless from any and all claims of any nature, losses, personal injury, death, and/or damage to cargo or other property, and/or claim for any such loss or occurrence which may arise from or in connection with the operations performed or to be performed pursuant to this Agreement, however arising, without regard to fault or negligence on the part of CONTRACTOR. This is to include, but is not limited to, attorneys’ fees and any other expenses incurred in defending or processing any claim arising as a result of any of the above or operation of the Equipment leased herein. R2R Intermodal Inc. may deduct any sums for which CONTRACTOR is responsible hereunder from any monies that R2R Intermodal Inc. may owe to CONTRACTOR as rentals or from any other sums which R2R Intermodal Inc. may owe to CONTRACTOR after first giving CONTRACTOR on itemized statement therefore. Page 7 of 10
Page 1 and 2: MEMBERSHIP APPLICATION APPLICANT: M
Page 3: APPLICANT CONSENT AND RELEASE FORM
Page 6 and 7: Name DRIVER'S APPLICATION FOR EMPLO
Page 8 and 9: ACCIDENT RECORD FOR THE PAST 3 YEAR
Page 10 and 11: Department of Homeland Security U.S
Page 12 and 13: Contract Driver NAIT Association Pr
Page 14 and 15: AGREEMENTS (CONTINUED) Applicable T
Page 16 and 17: ! Direct Deposit Authorization Form
Page 18 and 19: the Federal Highway Administration
Page 20 and 21: F. R2R Intermodal Inc. NOT LIABLE,
Page 24 and 25: 13. Miscellaneous Provisions A. LAB
Page 26 and 27: Please supply IDES Account Number,
Page 28 and 29: Unauthorized Passengers To provide
Page 30 and 31: MOTOR VEHICLE DRIVER’S Certificat

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