Independent Contractor Agreement (Page 8 of 16) in pdf

9 .

I N D E M N I T Y

9.1

Subcontractor agrees to indemnify, protect and hold harmless Contractor from any and

all claims, demands, damage, suits, losses, liabilities and causes of action arising directly or indirectly

from, as a result of or in connection with, the actions of Subcontractor and/or Subcontractor’s drivers,

helpers, and personnel (whether employees or subcontractors) arising from the performance of services

under this Agreement, including personal injury or death to any person, including Subcontractor and/or

Subcontractor’s employees. Subcontractor’s obligations hereunder shall include Contractor’s and its

customer’s cost of defense as well as the payment of any final judgment rendered against Contractor

and/or its customer.

9.2

Subcontractor agrees to indemnify, protect and hold harmless Contractor and its

customers from any and all tax liabilities and responsibilities for payment of all federal, state and local

‐

taxes, including, but not limited to all payroll taxes, self

employment taxes, workers compensation

premiums, and any contributions imposed or required under federal, state and local laws, with respect

to Subcontractor and Subcontractor’s drivers, helpers, and other personnel (whether employees or

subcontractors).

9.3

Subcontractor shall be responsible for, indemnify and hold harmless Contractor and its

customer from all costs of Subcontractor’s business, including, but not limited to, the expense and

responsibility for any and all applicable insurance, local, state or federal licenses, permits, taxes, and

assessments of any and all regulatory agencies, boards or municipalities.

1 0 .

L I C E N S E S / P E R M I T S

10.1

As a condition of doing business with Contractor, Subcontractor must be fully licensed

to operate as a motor carrier in the state or states in which Contractor performs services, and in the

municipality in which Contractor’s business is located.

10.2

If requested, Subcontractor must furnish to Contractor copies of all business and other

licenses and permits required by state, local, and federal law, including a business license issued by the

city or municipality in which Subcontractor is located or performs services. To ensure all such permits

and licenses remain current, Contractor shall, upon request, be entitled to review such licenses and

permits from time to time.

1 1 .

ACCIDENTS AND DAMAGED FREIGHT

11.1

Subcontractor shall make a full and complete report to Contractor and/or its customer

of any and all accidents in which Subcontractor or any of its drivers, helpers, and personnel (whether

employees or subcontractors)are involved while transporting cargo for Contractor or its customers. The

report should detail any and all loss or damage to the cargo being transported, which report may be

initially be made by telephone, followed by a written report within five (5) days of the occurrence.

11.2

Subcontractor shall be liable to Contractor, its customer and/or the shipper for all

damage, shortage, spillage, contamination or other loss to any package that occurs while in the

possession, custody or control of Subcontractor or its drivers, helpers, and personnel (whether

employees or subcontractors). Contractor agrees to notify the shipper and/or OnTrac of any damage or

loss as soon as practicable after damage or loss occurs.

Independent Contractor Agreement Page 8

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