Independent Contractor Agreement (Page 4 of 16) in pdf

will be maintained by Subcontractor in a level of mechanical fitness and cleanliness to continue to meet,

the requirements of the federal and state regulations. If required by law, Contractor may verify

compliance with all federal, state and local laws. Subcontractor further agrees to provide Contractor

with all required certificates of inspection necessary to comply with federal and state requirements.

4.3

Subcontractor recognizes the importance of vehicle appearance and cleanliness in the

delivery industry. Therefore, Subcontractor agrees to maintain the listed equipment in a clean condition

consistent with the pattern and practice in the delivery industry. Subcontractor and Subcontractor’s

employees, assistants and subcontractors shall be expected to maintain a professional appearance while

on the premises of entities where pickups and deliveries are made. Contractor (including its employees,

assistants and subcontractors) shall have no obligation to wear a uniform or clothing of any type bearing

Contractor’s or Contractor’s customer’s name, logo or colors, unless otherwise required by the shipper

or recipient for security purposes. In such cases, the security identification specified by the shipper

and/or recipient need only be worn while on the shipper’s and/or recipient’s premises. The parties

acknowledge that to the extent Subcontractor must display security identification (including apparel

bearing a logo), the requirement is imposed by the shipper/recipient, not Contractor.

4.4

Subcontractor shall be responsible for all costs and expenses incident to its personnel

and equipment in performing services under this Agreement, including, but not limited to, costs of fuel,

fuel taxes, tolls, wages, employment taxes, excise taxes, permits of all types, detention and accessorial

services, base plates, gross revenue taxes, road taxes, equipment use fees and taxes, licensing,

insurance coverage and any other tax, fine or fee imposed or assessed against the equipment or

Subcontractor by any state, local, or federal authority as a result of an action by Subcontractor or its

employees, agents, or subcontractors in the performance of this Agreement.

4.5

Except as otherwise required by law, Subcontractor assumes all risk of damage or loss to

its vehicles, equipment and supplies, including those utilized to perform the services contemplated by

this Agreement. Subcontractor further agrees to indemnify and hold harmless Contractor and its

customers against any and all liability claims and demands for personal injury or property damage

asserted against Contractor or its customer by reason of the use and operation of Subcontractor’s

vehicles during the term of this Agreement.

4.6

Subcontractor shall be responsible for complying with all applicable laws, rules,

ordinances and other requirements imposed by federal, state, county or municipal government

authorities relating to and concerning the fitness and competency of those persons operating

Subcontractor’s equipment and the ownership, maintenance and preparation of the equipment.

Subcontractor shall indemnify and hold harmless Contractor and its customers against any and all

liability, including attorneys’ fees and other legal expenses, imposed or claimed to be imposed upon

Contractor or its customers arising directly or indirectly from the failure of Subcontractor or its

employees, agents, servants, subcontractors or representatives, to comply with the provisions of this

Agreement or the failure to exercise legally required due care in the performance of the services

contemplated by this Agreement.

4.7

Subcontractor shall not be required to purchase, lease or rent any products, equipment

or services from Contractor or its customer as a condition of entering into this Agreement. However,

due to the nature of the delivery business, Subcontractor must maintain and utilize

communication equipment compatible with that used by Contractor and/or its customer. In the event

Independent Contractor Agreement Page 4

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