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FILED: KINGS COUNTY CLERK 06/06/2018 09:18 PM INDEX NO. 505136/2015
NYSCEF DOC. NO. 750 RECEIVED NYSCEF: 06/06/2018
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[FILED : K ÏNGS COUNTY CLERK 05/26/2017 01:11 PM)INDEX NO. 505136/2015
NYSCEF DOC. NO. 371 RECEIVED NYSCEF: 05/26/2017
NUCORCORPORATION FAGE10F25MASTERTRANSPORTATION AGREEMENT
THIS MASTER TRANSPORTATION AGREEMENT(the "Master Agreement")is"I'
made as
of the day of September, 2014 (the "Effective Date"), by and between NUCOR CORPORATION
(collectively with its affiliates and subsidiaries, "Nucer") and HOaRO TRUCKING CO, INC
(collectively with its a5liates and subsidiaries, '"fransporter"). Each of Nucor and Transporter Is a
"Party", and collectively they constitute the"Partles".
W I T N E S S E T H:
WHEREAS, Nucor is engaged in the manufacturo of steel and steel products (hereinafter
"Products") and operates steel manufacturing and fabrication facilities throughout the United States
(each a"Factiltvdaa '~@++~8++ and collectively, tha"FaciHties"); and
WHEREAS, Transposter is engaged in the business of transporting property and/or is engaged in
brokeriugfreight and armng{ng for the transportation of freight shipments furnished by thhd-party motor
carriers: and
WHEREAS, Nucor and Transpotter desire to enter into this Master Agreement to govern any
engagements entered into by the Parties from time to tattle related to transportation of Products to and/or
any ofth9Facilities;
NOW, THEREEORE, for and in consideration of the mutual covenants contained hemin and
other good and valuable consideration, the receipt and suffiglency of which are hereby acknowledged, the
Partica hereto agee as follows:
1. Shipménts,
(a) Nucor may, from time to time, notify Transporter thatNi:cor requires a canierin
undertake transportation of Products for Nuoor (each, a "Shipment Notification"), Bach
shipment Notification shall include, at a minimum, the origin, destination and quantity (or .
weight) of Prodants to be shipped. Transporter acknowledges that Nucor may issue Identical
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FILED: KINGS COUNTY CLERK 06/06/2018 09:18 PM INDEX NO. 505136/2015
NYSCEF DOC. NO. 750 RECEIVED NYSCEF: 06/06/2018
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NYSCEF DOC. NO. 371 RECEIVED NYSCEF: 05/26/2017
NUCOR CORPORATION PAGE 2 OF 25MASTER TRANSPORTATION AGREEMENT
Shipment Notifidations to multiple carriers and brokers and that a Shipment Notification
an inquiry and does riot constitute a binding agreement with Transporter or an offer to
Transporter to handle the transportation of the Products described in the Shipment Notification.
If Transporter desires to undertake or broker a shipment described in a Shipment Notification,
Transporter shalt respond to the Shipnssnt Natifluation as directed by Nucor, either in the
Shipment NotificatiÈn or otherwise. Nuoor goknowledges that it shall advise Tansporter in
writing of any shipment the valueof which exceeifs $100,000(each, a"Hfth-Value Shlument").
Burther, Mueor acknowledges that it shall advise Transporter of any shipment that Nucer
a "hot-load""hot-load or that otherwise has au immediate firm deHvery date (each, a "Erot-Lead
Shinment"), in which case Transporter may agree to. transport the Hot-Luad Shipment or
otherwise not acceptthe tender of any suchHotrLoad Shipment.
(b) If the Parties mutually agee that Transporter shall undertake or arrange the
carriage of a particular shipment, the Parties shall enter into a shipping order setting orth the
terms under which 'I)ranspotter will ship, or anange shipment of, the Products described in the
Shipment Notification, Including, without limitation, the information contained in the Shipment
Notification (each, a "Shipnins Order"). Upon entering into aShipping Order, Transporter shall
transport, or arrange transportation of, the Products consistent with the tarns and requirements of
such Shipping Order. Notwithstanding the fbregoing, Nueor reserves the right to determine, in its
sole discretion, the process by which Transpotter and Nncer agree upon shipments of Products
hereunder, and Transporter acknowledges that the notifloation and crderordure' procedure set forth
hereinabove is subject to change. All Shipping Orders and all shipments carried or breveted by
Transporter, whether made pursuant to Shipping (cheer or otherwise, shall be subject to and
governed by the tecms and conditions of dais Master Agreement.
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FILED: KINGS COUNTY CLERK 06/06/2018 09:18 PM INDEX NO. 505136/2015
NYSCEF DOC. NO. 750 RECEIVED NYSCEF: 06/06/2018
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F ILED : KINGS COUNTY CLERK 05 / 26 / 2017 01: 11 PM)INDEX NO. 505136/2015
NYSCEF DOC. NO. 371 RECEIVED NYSCEF: 05/26/2017
NUCOR CORPORATION PAGE 3 OF 25MASTER TRANSPORTATION AGREEMENT
(c) 'in the event Trensporter brokers or otherwise subcontracts any Shipping Order,
Transporter shall cause such end carrier ("End Carrier") to transport Products or otherwise
perform such services in accordance with this Master Agreement and as requested by Transporter.
Transporter shall inform such End Carrier of all requirements and obligations set fodh lierein and
ensure Bad Carrier fully complies herewith. Transporter shall be fully liable (inolading
indemntfication obligations pdranant to Section 1.1 hereof) for any and all acts of any End Carrier
such services on behalf of Transporter. Notwithstanding anything 10 the pontrary
contained herein, Transporter shall not broker shipments or delegate ita duties hereunder with
respect to the Shipping Orders of a Facility without the prior consent of such Factilty.
(d) Transporter shall use sound commercial judgment In selecting End Caniers end
only propose End Carriers that are allable, solvent and recognized within the
shipping/A·eighterrying industry and that otherwise satisf y the requirements setibrth herein. It
shall be a condition to Transporter's engagement of any End Carrier that such Bad Carder he a
motor carrier and not solely a brokerage agency.
(e) For purposes hereof, the party actually carrying the Products, whether
Transporter or End Carrier, shall be teferred thhorelnafter as "Carrier",
2, Scope of Shinments. Win respect.fe each Shipping Order, Transporfe.r shall pmvide, or
cause any End Carrier to provide, as applicable, ourriage of the products andrelated services as follows:
(a) carrier shall transport the Prod0cts bylap' motor vehicle as directed by Nucor.
Carrier shall provide U S. Department of.Transportation-appmved equipment suitable for the safe
transportation of protects, including¿ but not limited to, adequate and appropriate chains,
dunnage, binders, straps and tarps to be need in suchiranspottalion, Carrier's operators of motor
vehicles shall follow all of the applicable Facility's safety guidelines, including, but not limited
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FILED: KINGS COUNTY CLERK 06/06/2018 09:18 PM INDEX NO. 505136/2015
NYSCEF DOC. NO. 750 RECEIVED NYSCEF: 06/06/2018
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NUCOR CORPORATION PAGE 4 OF 25MASTER TRANEPORTATION AGREEMENT
to, those guidelines in the safety sheet provided to Tansporter by the applicable Facility and es
updated by Nucer from time to time via email or otherwise to Tansporter and/or End Carrier, the
ourmat versian of which Is attached hereto as fhhibit A and made a part hereof (the ¶gggg
Eggg''), and ali visibly posted Nuoor safety precedures of the partienlar Facility, including, but
not Iimited to, the proper use of hard hats, safety glasses, safbty boots, any particular loading
guidelines, and .any apacific requirements or safety guidelines of:the applicable Faeflity . . -
(collectively, the "gacility Safety Guidellmeg). To further facilitate the safety of the pmties'
personnel, all Carrier personnel involved in oprrying goods for Nueor (i) shall be skilled and
experiegood in the transport of items siptilar to thc Paducts and (ii) have such sufHoiency in
reading and speaking the English language as is necessary to comprehend and abide by the
applicable Facility Safety Guidelines. Unless otherwise notified by Nucor, Carrier shall pick up
the Products stthe relevant Facility and shall deliver the samess directed by Nucor;Nacor.'
(b) Carrier shall (i) paperly prepare such motor vehicle for loading and (ii) tarp or
otherwise cover Products ag requested by Nucor, at Carrier's sole expense, unless otherwise
on the then-qurrent Rate Sheet. Although Nucor may load Paducts onto the motor
of Carrier, Cairler shall be solely responsible for the placement and securing of Products
onto such motor vehicles.
(c) Carriet#a delivery of Paducts shall occur according to the delivery dates or
schedule given by Nucor in accordance with any Shipping Order. Such delivery dates or
scliedules are ari lapontant considetation to Nucce, and, unless expressly waived in writing by .
Nueer, time le of the essence as to each delivery of Products. Transporter shall notify the!
applicable Facility prompdy of any olmumstances of which Transporter becomes aware that may
affect Cherf½ abllity to registain such delivent schedule; provided. however. no such notice
emuceste9eva tt
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FILED: KINGS COUNTY CLERK 06/06/2018 09:18 PM INDEX NO. 505136/2015
NYSCEF DOC. NO. 750 RECEIVED NYSCEF: 06/06/2018
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NYSCEF DOC. NO. 371 RECEIVED NYSCEF: 05/26/2017
NUCOR CORPORATION PA.GE 5 OF 25MASTER TRANSPORTATION AGREEMENT
shall constitute a waiver of on-time delivery, and time is still of the essence with respect to such
affected delivery.
(d) Notwithstanding the foregoing, neither Transporter nor Nuoor shall be liable fby
any delay In performance under this Master Agreement because of unforeseen circumstances
beyond the Panies' respective control, such er sots of God; industrial conflicts (including
without limitation strikes locketits sad work laterruptions); government rules, reguDgions,
suspensions or mquisitiona of any kind; fires; casualties or accidents. Any Party affected by a
force majoure event shall promptly upon learning of such event give notice ta the other Pedy,
stating the nature of the fbroe majeure event, its anticipated duration, and all actions being taken
to avoid or minimizeitseffect.
(a) Bach shipment hereunder shall be evidenced by a bill of lading, manifest or other
type of freight receipt in such form as specified by Nucar (a "Receipt"A which shall be signed by i
Carrier's agent or employee indicating the kind and quantity of Products received by such party at
oright. Acceptance of such Receipt shall be evidence of Carriers receipt of Products irr good
order and condition, unless otherwise noted on the face ofsuch Receipt, In the event the terms of
the Receipt ars in confHet with the terms of this Master Agrearnent, the terms of this Master
Agreementshall govern, The absence or loss of any such Rooelpt shall not relieve Transporter or
any End Carrier of Its obUgntions and asponsibilities with aspect to any shipment made
hereunder. The provisions of this Master Agreement shall apply to Nuoor and hanaporter in
freight«llect transacdonn prepaid-freight transactions, or any other transportation services
transactions provided toNucor by Transporter.
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NYSCEF DOC. NO. 750 RECEIVED NYSCEF: 06/06/2018
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NUCOR CORPORATION PAGE 6 OF 25MASTER TRANSPORTATION AGREEMENT
3. Rates: Payment
(a) During the term ef this Master Agreement, the Partles shall Bom time to time
negotiate the shipping rates that Transporter shall charge fbr the carriage of products fbr each
relevant Facility, whloh such shipping ates shall be la a form substantially similar to Exhibit B.
attached hereto and made a part hereof (the Rate Sheet"). The Rate Sheet shall apply to all
Shipping Ordu¼s entered into for a particular Pacility and shall be subject to amendment from .. -- . . J...
time to time during the term of this Master Agleement. Notwithstneding the fbregning, Nuoor
shall not he obligated to agree upon any increase in rates and, In the absence of such agreement
by Nuoor, Nucor may immediately terminate this Master Agreement In additioa to the rates set
forth In a Facility's Rate Sheet, Nuoor may pay Thesporter a fuel surcharge as calculated by
Nucor and provided to Trenbportet by Nucor flem time to time via letters electronic mall,
billboard postings, or otherwise.
(b) Transporter shall (S reoelve payment of all undisputed amounts tom Nucor
within thirty (30) days afterNucor receives confumation that delivery has occurred in accordance
with the applicab1s Shipping Order via an autopsy system utilized by Nucor, if applicable, or
(II) if such an autopsy system Is not applicable, bill Nuoor (or its designated agent) In atrears fbe I
the shipment of products, and payrnent of ali undisputed amounts shall be made by Nucor withip
thirty (30) days of receiving Transporter's invoice. Transporter accepts and assumes the
responsibility ter paying any and all toes relatedto the shipment of thd FMduchh
(c) Transporter shall make any and all payments owed to End Carrient. Nunor shall
have no obligation to make any payments to End Carriers undemany oimumstances whatsoever,
(d) Tansporter hereby acknowledgen that Facilities requesting solvices ant divisions,
subsidiaries or affiliates ofNucor, and that only the'Facility utilising Transportar fbr a particular
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FILED: KINGS COUNTY CLERK 06/06/2018 09:18 PM INDEX NO. 505136/2015
NYSCEF DOC. NO. 750 RECEIVED NYSCEF: 06/06/2018
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NUCOR CORPORATION PAGE 7 OF 25MASTER TRANSPORTATION AGREEMENT
shipment as coted on the applicable Shipping Order shall have Tiability to Transporter related to
such shipment under this Master Agreement.
4. Representatione' & ti At all relevant times dung the term hereof, Transporter,
for itself and ott behalf of any End Carder, as applicable, represents, warrants and covenants to Nuqor as
follows
(a) - . Transporter and any End Carrier shall possess all permits, licenses and -
certifications required by any federal, state ormunicipa1governing body, and shall provide copies
of the same to Nucor upon request. Transporter and any End Carder shall operate in fht!
compliance with all laws, rules, regulations and ordinances governing or related to highway
motor and surface carriers, and shall meet all requirements that may firorn time to time be
In regulations now enforced or hereafter promulgated by any federal, state or municipal
body, or otherwise related to Transporter's and any End Carrier's performance hereunder.
Transporter shall notify Nuoor promptly, in writing, of any suspension or cancellation of
operating authority oftof.' (i) Transporter, the ocourmace of which shall give Nuoor the right, in
addition to any other right or remedy available to Nucor, to terminate this Master Agreement
imrnediately upon giving Transporter wdtten notice of such terminadon; or (ii) any End Carrier,
and (A) Transporter shall redesignate any loads already designated for carriage by any such End
Carrier and (B) Transporter shall not otherwise arrange for carriage of Products by any such End
Carder unless Nüoor otherwise consents in writing.
(b) Carrier is wining ang able to undertake and perform transportation of Products
to the raiuirssnents of Nucar, including without limitation the teens set forth herein,
CHAR2)1616396y3 ..
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NUCORCORPORATION PAGE 8 OF25
MASTER TRANSPORTATIONAGREEMEMT
(c) Carrier has the resources, equipment and personnel necessary to undertake and
perform. the transportation of Products and shall not broker, subcontract or otherwise engage (
others to undertake and perform such transportation.
(d) Carrier has experience in transporting hems similar to the Products and will
transport Products in a safe and workmanlike manner.
(e) . . Carrier will provide only drivers possessing the proper licensing and the skill and
experience necessary for the safe and workmanlike transportation of Products.
(f) Carrier mill detlyerProduety to their destination in the same condition as the
Products were received by such patty.
(g) carrier holds no less than a "Sattsfactory""Satisfactory,"~tory",
"conditional" or "Umated"safety
fitness rating (or equivalent thereof) issued by the U.S. Department of Tmnsportation, Federal 1
Highway Administration, and is in compliance with the regulations of that agency and all
appropriate and/or required foielan, alate or local regulatory bodies.
(h) Carrier shall evidence Its recelgit of the proposed freight shipments by issuance to
Nuoor (or to Tmnsporter on behalf of Nucot) ofappropriate documentation.
(1)Transpottei· and any Bad Carrier has received and shalf comply with theEuoor
CorporationTransportation Code of Conduct, a copy of which is attached hereto as Exhibit C and
incorporated herein by reference.
S. T.ggg. The term of this Master Agreementshall commence upon the Bffective pate and
shall continue for a period of four (4) years. This Master Agmement shall be automatically renewed for
successive two (2)-year periods unless terminated in writing by either Party within sixty (6Q) days prior to
the expiration of the initial tenn or arly successive renewal tenn,
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NUCOR CORPORATION PAGE 9 OF 25
MASTER TRANSPORTATION AGREEMENT
6. Termination. ff an order for relief is entered against Transporter in any bankruptcy I
pmoeeding; or if Transpotter makes a general assignment for the benefit of creditors; or if a receiver is
appointed for all or a portion of Transporter's property; or if Transporter disobeys or disregards laws,
ordinances, rules; regulations or orders or any public authority having jurisdiction, then Nticot inay,
without prejudice to any other right or tamedy, immediately terminate the engagement of Transporter. If
in the opinion of Nucor, Transporter falls to prosecute diligently the obligations to be performed .
hereunder, or Transporter otherwise defaults under this Master Agreement or neglects to effect the
shipment of Pmducts in accordance with the instructions of Nucor, and Transporter fails to cure such
default within fifteen (15). days after written notice thereof from Nuo.or, they Nucor may, without
prejudice to any other right or remedy, immediately terndnate the engagement of Transporter.
Notwithstanding any other provision of this Master Agreement, Nucor shall have the right to terminate
this Master Agreement at any time upon thirty (30)days' written notice to Transporter.
7. gee. Title to and ownership of Products shall always be determined by the tenne of the.
specific contract, agreement or arrangement between Nuoor and Nucor's designated recipient of such
Products, Tensporter shall, and shall use its commercial best efforts to cause any End Carrier to, handle
all Products in A manner consistent with Nuoor's or its oustortfer's (as applicable) ownership interest in
such Products and take 811 reasonable measures to protect Nucor's or its customer's (as applicable)
interests, Carrier shall not engage in any conduct or activity thatmight jeopardize de prejudice Nucer's or
its custiomer's (as appileable) ownership interest in or titleto any ProductL
8·, ]jagg. Carrier shall not create, suffer, nor permit a third party to ornate or obtain any lien,
encumbrance or security interest in any Products. If any Products should, for any reason, become subject
to any such lien, encumbrance or security interest, Transporter shall (a) notify Nucor inimed'miely of any
and all such encumbrances, and (b) at its sole expense, take all actiongnecessary or appropriate to remove
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NUCO.R CORPORATION PAGE 10 OF 25
MASTER TRANSPORTATION AGREEMENT!
the salso as promptly as possible. Further, should Transporter fall or refuse to take all appropriate action
to remove any stich lien as pmmptly as possible, Nuoor may, at its option, elect to take any actions.
necessary or appropriate to remove such enoumbrances. All expenses incurred by Nuoor and related to
such actions shall be paid by Transponer3 and Transporter hereby agrees to Indemnify Nucor against any
such expenses. Without limiting the foregoing, Transporter shall not be responsible for, nor shall
indemttify Nacor for,. shy expenses, costs or damages related to a lien or other enoumbrance. arising
from a dispute between Nucor and any End Carrier pursuant to a separate contractual relationship
not arising from or related to Transporter's supply of such End Canier to Nuoor pursuant to this Master
Agmement.
9, Ior.urance.
(a) Transporter shall carry; in 'each instance at its own expense throughout the term
of this Master Agreement, the following types of insurance issued by insurers demiciled in the
United States of Americamaintaining a minimum A.M. Bestrating of A- Vil:
(l)Workers' Compensation insurance, at statutory limits in accordance with !!
the laws of the State in which Transporter's applicable facility is located, fully covering
all Transporter personnet performing any obligations under the Master Agreement;
01) Employers liability coverage loss with minimum limits of not less than
One Million Do[lars ($1,000,000) for any one occurrence;
Automob[ie liability insurance covering bodily (qjury, Including death,
and property damage and loss with a minimum combined single limit of not lens than,
One Million Dollars (S1,000,000), which insurance shall (A) contain endorsement CA 99
48 03 06 (Pollutloit Ilability Broadaned Coverage for Covered Autes) (or comparable
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NUCOR CORPORATION FAGE 11 OF 2diMASTER TRANSPORTATION AGREEMENT
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endorsement) and (B)name Nueor Corporation, its subsidiaries and affiliates as
designated insureds via endorsement form CA 20 48 02 99(or comparable endorseinenty;
(f y) Commete|al general liability insatance covering bodily inity, including
death, and property damage with minimum limits of not less than One Million Dollars
($1,000,000) for any one accident, disaster or occurrence, and Two Million Dollam
(32,00Ò,000) in the aggregate per Paollity (via endorsement fbrm C0 25 04 03 97) (or
comparable, endorsement), which insurance shall be "primary" and "nonsontrtbutor f
and shall name Nuoor Corporaflon, Its subsidiaries and affiliates as additional insureds
viaendorsementform C( 3 20 10 11 85 (or comparable endora¾edt); god
(v) All-rfsk cargo insurance in the minhnum amount of One Hundred
Thousand Doilers ($100,000), which insurance shall include Nucor Corporation, its
subsidiaries and affiliates as loss payees.
(B) Transporter shall require each Bad Carrier to carry, in each instance at its own
expense while carrying any Products pursuant to this Master Agreement, 'the following types of
insurance issued by insores demiciled in the United States of America maintaining a minimum
A.M. Best jmtingof A-VH
(1)Workers' Compensation instunace at statutory limits in accordance with
the fews of the State in which Ewi Carrier is located, folly covering sil End Canier
pørsoncei performing eny obligations ander the agreement between hansporter and said
End Carrier;
(ii) Empicyer's liability coverage loss with minimum limits of not less than
One Million Dallam($1,000,000) tor any one occurrence;
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NUCOR CORPORATION PAGE 12 OF 25
MASTER TRANSPORTATION AGRREMENT
(iii) Autornobile liability insurance covering bodily Injury, incteding death,
and property damage and loss with a minimum combined single limit of not less than
One Million Dollars ($1,000,000), which insuranco shall contain endorsement CA 99 48
03 06 (Pollution Liabliity Broadened Coverage fur Covend Auton) (or comparable
endorsement); I
, . . ..(iv)..'. Cominercial general liability insurance covering bodily injury, including. ..... ...... . ,. ..
death, and pmporty damage with minimum limits of not [ess than One Million Dollars
($1,000,000) for any one accident, disaster or occurrience, and Two Million Dollars
($2,000,000) in the aggregate, which insurance shall be "primary" and "non-
. - contributory, and
(v) All-risk cargo insurance in the minimum amonot of One Hunded
Thousand Dotlem (3100,000).
The minimum policy Ihnits set forth in (a)(iii) and (iv), and (b)(iii) and (ly), of this Section 9, may be
satisfied using umbrella and/or eccess liability insurance coverage.
(o) Transporter shall famish to Nocor, prior to ilw date Transpoder or any End
Carrier perfbrms services under this Master Agreement, copies of Transporter*a polloies of
insurance, certificates of insurance and applicable endorsements showing that such poi1oteserv in
full lbree arid effect, and containing a provision to the effect that (1) they may not be canceled or
materially altered except upon not less then thirty (30)days' prior writlem.notice to Nimor, and
(ii) for the poticles set foftis in (a)(ill), (iv) and (v) of this Section 9. Naper is ftmmed as a
designated insured, additional insured, or Loss payee, as applicable. All of Transportees policies
shalIcontain a waiver ofall.rights of subrogation against Nudor.
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NUCOR CORPORATION PAGE 13 OF 25MASTER TRANSPORTATION AGREEMENT
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(d) Transporter shall (i) obtain from any End Carrier, prior to the date such End
Carrier performs services under this Master Agreement, copies of such End Canier's policies of f
insurance, certificefes of Insurance and applicable endorsements showing that such policies are in
full force and effect, and (ii) promptly provide to Nucor, upon Nucor's request, copies of such
End Carrie's policies of insurance, certificates of insurance and applicable endorsements.
10. Aisk of Loss.
(a) Carr[er shaft at its sole expense, take reasonable care in its handling, transporting
and, when necessary, storing of all Products, Transporter ahall be liable to Nucor for fess and/or
damage to any Products transported under this Master Agreement Such liability shall begin with
the loading of the Products on Carrier's equipment at the point of origin and shall continue until
such Products are delivered to Nueor's designated recipient As between Transporter and Nucor,
Transporter assumes all risk of safely and properly placing and securing Products to Carricts
motor vehicles end all liabilities and obligations arising out of the failure to do so or the shifting
or movement for any mason of the lead of Products on such motor vehicles. Transportera
liability for risk of loss or damage to any Products shall be for the ibll invoice value of such
Products, subject to a maxintum liability ofone Hundred Veassnd Dollars ($100,000) per trailer
or conveyance, unless Nucor provides Transporter with a High-Velue Shipinent notice in
with the provisions of Scotion l(a) and Section 16 of this Agreement, and in such
case Transporter's liability for risk of loss or damage to such Products shall extends the amount
set forth in such High-Value Shipment notice for the trailer or conveyance at issue. This liability
for risk of loss or damage is no way minimizes or affects Transporter's. indemnification
obligations set forth in this Master Agreement Bach Party shall notify the other Party of .anyany
claims of damage or loss ofwhioItit becomes aware pursuant to this Section 10.
CHAR211.61639699
V000028V00002B
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NUCORCORPORATION PAGE140F25MASTERTRANSPORTATIONAGREEMENT
(b) Chlms for cargo loss, damage and delay shall be filed within nine (9) months of
the date of delivery (or within nine (9) months of the date that delivery should have occurred in f
the event of non-delivery) and any lawsuit minted to such a otaim.must be filed within two (2)
years ofTransporter's denial ofall or any part of such a claim.
I L IndenmhY.
(a) TO THE FULLEST ERIENT ALLOWED BY LAW, TRANSPORTER SHAf1 DEFEND (BUTONLY IF 80 ELECTED By NUCOR IN LTSSOLE DISCRETIDN), INDEMNIFY AND HOLD HARMLKss Nvcoa,[TS SUBSIDIARIES, AFFILIATES, JOINT VENTURE PARTNERS, AND EACH OFOl' THEtR RESPECrIVE
iDIRECTORS, OFFICERA, REPRESENTATIVES, AGENTS, AND EMPLOYEES (COLLECTIVELY, "NucORINDEMNIFIED PARTIES") FROM AND AGAINST ALL CLAIMS, DAMAGES, LTABILMES, LOSSES, COSTSAND EXPENSES (INCLUDING, Btff NOT LIMITED TO, REASONABLE ATTORNEYS' FRES AND EXPENSESINCLUDDIO ANY REASONABLE ATFORNEYSS FEÈS AND EXPENSES INCURRED BY A NUComINDBMNIFIED PARTY IN ENFORCING TRANSPORTER'8 INDEMNIB1CATION ODIAGATIONS HEREUNDER)
, (COLLECI3ÝELY, ",DAMAGES''), SUSTAINED BY NUCOR BY REASON OF4 (1) DODILY INJURY, SICKNESSOR D1BATH TO THIRD PARTIES (INCLUDING NUCOR AND ANV TRANSPORTER OR END CARRIEREMPLOYEES DR AGENTS) OR ANY DAMAGES TO TIfE PROPERTY OFNUCOR (EXCEPT DAMAGE OR LOSSTO ANY PRODUCTS, WHICH SHALL BB GOVERNED BY ß)lCITON 1,QOF THIS MASTER AGREEMENT),-TRANSPOkTER, END CARRIER, OR THIRD PARTIES (INCLUDING NUCOR AND ANY TRANSPORTER OREND CABREER EMPLOYEES OR AGENTS), 70 THE EXTENT CAUSRD BY THE NEGLlGENT OR WILLFULM3SCONDUCT or TRANSPORTER OR ANY END CARRIER, OR ANY OF THEIR RESPECT3VE OFFICERS,EMP1DY EES, ACENTS, OR AFFILIATES, CONTEMPLATED BY3 OR TAKEN PUR5CANT TO, THIS MASTERAGREEMErff, AND RBOARDLESS OF WHETHER OR NOT A NUCOn. INDEMNIFIED FARTY WOULDOTHERWESE BE LIABLE B0R SUCN DAMAGES UNDER A STATUTORY OR COMMON LAW STRICTLEABIIATY STANDARD, OR (11) ANY BREACH BY TRANSPORTER OF, OR FAILURE OF ANY END CARRIER
. TO CQMPLY WITH THE OBLIGATIONS CONTAINED IN, TiUS MASTER AGRE5MENT. FOR THEAVOlDANCE OF DOUBT, TRANSPORTER 8HALL NOT BE OBLICATED TO INDEMN1FY ANY NUCORINDEMNIFIED PARTY HERBUNDER FOR THAT PORTION OB ANY DAMAGES RESULTING PROM THENEGIJOENCE OR WILLFUL MISCONDUCT OF A NUcOR INDEMNINIED PARTY, THE PARTIESACKNOWLEDGE AND AGREE THAT NOTWITHSTANDING THE FOREGOING, BT THE EVENT A COilRT OFCOMPETENT JURISDICTION HOLDS THAT A STATUTE LIMiTING THB BCOPE Op TRANSPORTER'SINDEMNIFICATION OBIJGATr0NS HEREUNDER IS APPLICABLE TO THE PERFORMANCE OFTRANSPORTER UNDER OR PURSUANT T0 TEDS MASTER AGREEMENT, TRANSPORTER'S(MDEMNIFICATION OBLIGATIONS HEREUNDER SHALL ONLY EXTEND TO TilE EXTENT PERMTITED BYSt/Cil STATU TE. TRANSPORT ER ACRNOWLEDGEs THA'tTIJAT' WS INDEMNIF(CATION OBLIGATIONSHEREUNDER SHALL EXTEND AND APPLY TO DAMAGES RESULTING PROM DIRECT CLAIMS BY ANY ,NUCOR INDEMNIFIED FARTY AS WELL AS ANY DAMAOES ANUCOkINDEMNIFIED PARTY SUFFEES ASA RESULT OF ANY TBIRD-PARTY CLAIMS (INCLUDING BUT NOT LIMITED TO ANY CIAIMS BY ANY ENDCARRIER). TRANSPORTER COVENANTS NOT TO SETTLE ANY MA'ITER UNDER TIES INDEMNITYWITHOUT OBTAININGNUCOh's PRIOR WRITTEN CONSENT.
1
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NUColtCORPORATION PAGE150F25
MASTER TRANSPORTATIONAGREEMENT
(b) IF ANY CLABf$ ARE SROUGHT. AGAR4ST ANY NUCOR INDEMNIFIED PARTY BY ANYPERSON DIRECTLY OR INDIRECTLY EMPLUYED BV TRAN5PORTER OR ANY PERSON FOR WHOfiE ACTS ;TRANSPORTER MAY BE LIABLE (INCLDDING BUT NOT LIMITED TO ANY END CARRIEE OR ANY ENI)CARRIER EMPLOYEES OR AGENIl$, THE INDEMNIFICATION OBIJGATION OF TRANSPORTER SHALL BEABSOLt1TE AND NOT LIMITED OR AFFECTED EV ANY WAY BY ANY CLA1MS OR BENEFITS PAID ORPAYABÎ,E BY OR FOR TRANSPORTER UNDER ANY WORkERS' COMPENSAMON ACTB, DISABILITYBENERIT ACTS, OR OTHER EMPLOYEE BENEFIT ACTS. TRANSPORTER HEREBÝ EXPRES$LY WAIVESANY EMMUNITEE5 OR LIMITATIONS AFFORDED TO TRANSPORTER PURSUANT TO ANY WORKEES'WORM%8COh$PpiSATION ACTS, DHiABILITY BENEFlT ACTS, OR OTHER EMPLOYEE BENEF1T ACTS, TO THEEXTENT ANY OF THE SAME WOULD LIMIT OR OTHERWISE ADVERSELY IMPACT TRANSPORTER'SINDEMNIFICATE0N OBLIGATIONSHEREUNDER.
(c) TRANSPORTEEL AGREE8 TRAT THE BENEFrIS or TiflS SECTION 11 SHAL(, APPLY TOA1,L NUCOR INDEMNEFIED PARTIES AND THAT ANY ONE THEREOE MAY ENFORCE THE PROVISIONSREREOFDIRECTLYAGAINST TRANSPORTER.
12. Drug and Alcohol Testing Program. .. Transporter hereby warrants and represents to
· . Nucer that Carrier maintains drug and alcohol testing programs, including, but not limited to, procedures
for preanployment, post-accident, near-miss, reasonable suspicion, "olean sweep" and random4rug and
alcohol testing, and/or similar programs consistent with any stricter federal, state and local laws, rules,
and ordinances alated to drug and alcohol testing and motor carriers. Nucor reserves the II
right to refbae to release any shipment to Carrier's agents and/or employees that Nucar personnel suspect .
of any drug or alcohol use, and Transporter shall be liable fbr any damages resulting from any delays in
delivery of such shipmers Transporter abgl1, and shall cadse any End Caerfer to, ensure that any of its
agents and/or employees testing positive (either a confirmed positive test result or from a refusal to be
tested, which Nucor considers a positive test)will be prohibited item performing delivery services for any
Facility
(3.. Relationship between Parties. Transporter shall be and shall remain an independent
contractor. Nothing contained within this Master Agreement shall (a) constitute Transporter or any End
Carrier acting as an agent, partner orjoint venturer of Nucor, or (b) grant Tranapurter or any and Carrier
the right or authority to create any obifgation an behalfof Nucor. Neither Transporter nor its egiplo
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MASTER TRANSl50RTATION AGREEMENT
or agents shall be considered employees of Naoor at any time. Transpotter shall be solely responsible for
rnalntaining control, direction and supervision of all Transporter employees and agents (including any
Bad Carriers) and shall solely determine the terms and conditions of employment off auch employees and
!agents. Notwithstanding anything to the contrary contained hereh¼ Transporter shall be liable to Nueor
for any damager resulting front any End Carrier's breach of the obligations of a Carrierset forth herein.
In no event shallNuoor have any Insponsibilif y or obligation to, and. Thmsporter agrees that it shallt
indemnif y and hold harmless Nuoor from any claims by, any End Carrier underthis Master Agreement or
otherwise. This Master Agramment does not ornate any thhd-pasty beneficiary rights of any kind or nature
in favor of any Bnd Carrier.
14 Arbitration. At the option of Nucer, a dispute arising in connection with this Master
Agreement shall be submitted to arbitration. Except as otherwise set forth in this paragraph, such
shall be conducted pursuant to the Federal Arbitration Act(9 U.EC. § 1 et seg.). The language
of arbitration shall be Bnglish. The place of arbitration shall he, at Nucor's option, Charlotte, North
Carolig prany city within the state where the applicable Facility is located. Both Parties shan attagitpt to
agree upon one arbitrator, but if they are unable to agree, each Party shall appoint an arbitrator and these
two ahall appoint a third arbitrator. Expenses of arbitration shall be divided equally between the Parties,!
In the event of arbitration, the arbitradon panel shall pass finally upon all questions, both of law and fact, .
sad the panel's findings and award shall be conclusive, Pr¾earing discovery shall be available to both
Parties and shall be governed by the 1tederal Itates of Civil Procedure. Such discovery atay be used as
evidence in the arbitration hearing to the same extent as if it were a cost paceeding. tuibrmation
obtained by either Party during the course of discovery shall be kept confidential shall not be disclosed to
any third party, shall not be used except in connection with the arbitration proceeding, and, at the
conelisslan ef the proceeding, shall be returned to the pther Party. Both Parties shall make their agen
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and employee available apon reasonable no8ce at reasonable times and places for pre-bearing
depositions without the necessity of subpoenna or other court orders. Wie arbitratore shall issue
subpoenas to compel the attendance of, and the production of documents by, third-party witnesses at
or at the hearing, Enfbreement of the arbitration award may be ordered by any court of
competentjurisdiction.
15. . Governinir aw and Jurisdiction.'
.. This boaster Agreement shall be governed by and .. .
construed in accordance with general principles of federal transportation law and the laws of the State of
Delaware, Each Patty, acting for itself and its successors and assigns, hereby expressly and irrevocably
consents to the exclusive jurisdlotions of the state and federal courts located in the State of Delaware for
the confirmation or enforcement of any arbitration award or for any litigation which may arise out of or
be alated to this Master Agreement or any other agreement related hereto, On behalf of themselves and
their successors and assigns, both Parties hereby expressly and irrevocably waive (a) personal service of
any and all process, and each consents that all service of process may be made by registered mail, return
receipt requested, directed to the Party at the address referenced in S.ection 164 and (b) any objection
based onforum non conveniens or venue of any such action.
16. Notices.
(a) All notices and other comrounicatiotts hereunder shall be in writing and shall be deemed
given if delivered personally or by commercial delivery service, or mailed by registered or certified mail
(return receipt requited) or sent via. facsimile (with scimowledgment of complete transmission) to the
Parties at the addresses spoolfled in the applicable Rate Sheet (or at such other address for a Party as shelf
be specified by like notice).
(c) Any notices for High-Value $hipments and IIot-Load Shipments shall be deemed given if
sent via email or facsimile to one of the ibifowing Transporter personnel, or otherwise posted to y
C8Ag21t61639693
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NUCOR CORPORATION PAGE 18 OF 25MASTER TRANSPORTATION AGREEMENT
load tendering process, such as a nansportation management system, of which Nueor and
Transporter atillme for the tendering of loads between the Partles:
Contact Name: Robert CapriglioneFax: 732-726-0820Emaik reapdgilone@ho-m.com
ContactName: David Scmeman CEOFax: 732-1264820
:- . < -'- . Basil:day fo.oDE -.-.. -----..
17. Electronto Commerce. Transpmter understands and acknowledges that Nucer may, from
time to time, through the use of telephone, facsimile, electronic mail, electronic communication or other
methods, including without limitation through the use of such business-to-business websites as Nucor
may choose, communicate certain inforrnation pertaining to the Partles' business relationship, including,
without limitation, issuing Shipment Notifications, identifying Nigh-Value Shipments, identifying Hot·.
Load tihipments, entering into Shipping Orders, amending the Rate Sheets, and providing thel surcharge
calculations
18. Successors and Assians. This Master Agreement shall be binding upon and inum to the
benefit of the Parties hereto and their respective heira, successors and assigan crovided. however.
Transppreer shall not assign this Master Agreement nor subcontract the whole Master Agreement or anyI
part hereof without the express consent of the applicable Foollity. No assignment or subcontracting of
any portion of the transportation services to be performed hereunder win relieve Transporter of its
underthis Masler Agreement
19. Severability. it the event thatgny provision ofthis 1WasserAgnement, or the application
hereof, becomes or is deo(ared by a coast of competent jurisdiction to be illegal, void or unenforceable,
the remainder of this Master Agreement will continue in tbg ibree and offbot and the application of such
pmvision to other persons or eimnmatances w.in he interprèted so astmasonably 4 effect the latent of the
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Parties hereto. The Parties shall replace such void or unenforceable provision of6is Master Agreement
with a valid and enforcøable provision that will achieve, to the extent possible, the economic, business
and other purposes ofsuch void or unenfomeable provision.
20. ice. Failure by either Party at any time to require performance by the other Party or.
to claim a breach of any provision of this Master Agreement will not be construed as a waiver of any
subsequent breach nor ·akhct the binding nature of this Master Agreement nor any part hereof, nor
prejudice either Party as regards toeny subsequent action.
21. Headings. The paragraph headings of this Master Agreement are for reference only and
shall not be considered in the interpretation ofíhis Master Agreement.
22, Counterparts. This Master Agreement may be executed in two or more counterparts (and
with facsimile signatures), all of which shall be considered one and the same agreement, and shall become
effective when one or more counterparts have been signed by each of the Parties and delivered to the
other Patty, it being understood that all Parties need not sign the same counterpart.
23. Non-Diselesure of Information. Transporter agnes to keep confidential any information
provided to it by Nuoor relating toNucor's operations or business activities, including, but not limited to,
the names of suppliers, carriers, brokers, vendors and customers, the rates agreed toby the Parties, and the
existence or terms and conditions of this Master Agreement. Transporter agrees to hold all such
In confidence and shall not use any such information other than for the bdriefit ofNucor or in
perfbrmance of its obligations ander this Master Agreement, Transpotter agrees that this Section23 shall
survive the expiration or tennination of this Master Agreement
24. Entire Agreement. This Mastec Agreement, together with the Shipment Orders delivered
hereunder, constitutes the entire agreement among the Partieswithrespect to the subject matterhereof
and supersedes all prior agreements and understandings, both written and oral, among the, Parties with
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NUCOR CORPORATION PAGE 20 OF 25MASTER TRANSPORTATION AGREEMENT
respect to the subject matter hereof. The Parties agree that in die event the terms of this Master
Agreement confliot with any terms in any Shipment NotNihation, Shipping Older, purchase onfer orother
.document or agreement between the Parties, the terms and conditions of this Master Agmement shall
pvern.
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NUCOR CORPORATION PAGE 21 OF 25MASTER TRANSPORTATIONAGREEMENT
IN WITNESS WHEREOF, Nuoor and Transporter have caused this Master Agreement to be
accepted bye duly authorized officer or employee, all as ofthe BfIbettve Date.
NUCORCORPORATION, on behalf ofItself an es and subst
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Namet Beve.Eambski Ûeiv d Sm
Title: Vice President& General Manager
HO-RO TRUCRING 00. le
By:
Name: David Scureman
Title: Chief Bxecutive Officer.
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NUCORCORPORATION PAGE230F25MASTERTRANSPORTATIONAGREEMENT
EXHIBITA
FORM0FSAFETYSHEET
Please Bee Attached
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NUCORCORPORATION PAGE240P25MASTERTRANSPORTATIONAGREEMENT
EXHIBIT C
NUCOR CORPORATION TRANSPORTATION CODE OF CONDUCT
Nucar Corporation(withitaaffiliatesandsubsidiaries, "Nucer")hasalonghistoryofconductingits businesses in amannerconsistentwithhighstandardsofsocialresponsibility. Ittordertocontinue
promoting this goat In the future, Nuoor is requiring that each terrier and broker comply with the
ib!lowing code of conduct ("Code"), and each carrier and broker will be asked to acknowledge itscompliance with the Code. The principles and values expassed by the Code reflectNuoor's ongoingcommitment to social responsibility and human dignity.
Ishpr
(a) No cattler or broker may utEm involuntary labor of any type. This shall Include, but pot Belimited to, forced, indentured, bonded otprison labor
(b) No earriet or broker may utilize child labor. For purposes of the Code, a "child" will beconsidered any person younger than (1) fburteen (14) years old; (ii) the mhtimum age for
completing compulsory education in the country of manufacture; or (111) the minimum age foremploynient in such country, whichever is the highest
(c) Each carrier and broker must treat each of their employees with respect and dignity. As such, nocarrier or broker shall subject any employee to physical, ssnnal, verbal or other forms of .
hamssment, coercion or abuse.
(d) No carder or broker shall subject any employees or applicards far empoyment to unlawfuldiscrimination.
(e) EachcarrierandSmker.must pay each ortheir employees at least theaninimurn wage, and supplythe minimum beneìits, required by applicabfe local laws. in the absence of applicable focal laws,equa eart@er and broker shall provide minimum wages and benefits consistent with industrypmotice in such Io.oation.
(f) Each carrier and broker shall comply with all applicable health, safety and welfare laws, rules andregulations, and shall provide a safe working place for their employees. Bach carrier and brokermust have and implement eShotive programs to pmmote the foregoing.
nvironment
Eachcarrierhad broker should strivein minimize impact on the environment fiom their opemttons and, at .a minimum, must operate in compliance with applicable envitenmental laws, rules, regulations andordinances. I
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NUCORCORPORATION PAGE 250F25MASTERTRANSPORTATIONAGRERMENT
Basiness Ethics
Nucor expects each of its carriers and brokers to conduct its respective business subject to high ethicalstandards, At a minlinum, each carrier and broker must conduct business in accoufance with allapplicable laws, rules and mgulations regarding business ethics, including those dealing with bribery orother prohibited business transactions.
Compliance
Each carrier and broker must maintain documentation. reasonably necessary to evidence compliance withthis Code. Suc$ dooomatation must be made available to Nucornponreasonableadvancewrittentoqulist. Failute to domply with this Cods may subject a carrier or baker to possible termination of itsbusiness elationship with Nucor.
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TRAUER INTERCHANGE AND INDEMNITY AGREEMENT
This Trailer Interchange and Inderanity Agreement is entered into between HO-RO
Trucking Co. Inc. located at 400 Markley Street, Port Readhts, NJ 07064 and Vulcraft of NY
(u2-lgg lg,,Inc, ice, , Chamung, NY 14825 and shall govern the terms and
4fQpof the use of trailer equipment belonging to one party by another.
WHERBAS, each party to this Agreement in the ordinary course of Its business owns,operates or controls and maintains tractor-trailer equipment suitable for transportation of cargo inintra- and interstate ==ame; and
WH1IRBAS, the parties ara engaged in transportation agreements which provide Ar thethrough movement of freight including pickup and delivery and spotting of trailer equipmentunder circumstances which require or permit one party to use the trailer of another to facilitate
and
WHEREAS, the parties desire to peanut such interchange and use of trailer by the othersubject to the terms and conditions of this uniform Agreement;
NOW, THEREFORE, the Parties agree as follows:
As otherwise agreed in writing from time to time, one party may make permissive use oftrailer equipment owned, or under control by the other with or without compensation under the
conditions.
1. The party owning or under control of the equipment warrants that the equipmentis regularly maintained and is the ftom any known defects by it.
2. Upon acceptance of any trailer, the receiving party shall prepare an equipmentreceipt/inspection report noting all damage, absence of damage and conditions of safety relatedhems including, but not limited to, tires, brakes, air systems, sliding tandem hook pin, and
sliding extendable trailers components. Such reports shall be prepared upon the acceptance of thetrailer. Should the inspection reveal any salty related defects; the receiving party will notify theother pasty to this agreement before use. Use of any trailer without notification or thepreparation of an inspection report shall be deemed as acceptance without recourse. FJther partymakes no womety, express or implied, to this agistment of the quality, design, or manufactureof1he equipment. Parties to this agtoement, agree to extend to the receiving party all warranties,if any, ofibred by the manufacturers of the equipment. The receiving party shall be responsiblefor all loss or damage to trailer while the trailer is in its possession and control.
3. Receipt by any party of equipment belonging to or under control of the other partywithout written notice shell constitute the receiving party's acknowledgment that the equipmentis in good working order ami free of reasonable deAct.
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4. While equipment is in its care, custody and control, any patty receiving theequipment of another under this Agreement warrants as follows:
(a) It will indernnify and hold the other party of this agreement after receivingthe equipment harmless from all risk of loss, claims, damage or cause ofaction arising out of its use including, but not limited to, any legal fee, thecost of defbnse or a judgment resulting from any claim ofnegligententruarment or vicarious liability arising out of the receiving party's use.
(b) The receiving party shall use the trailer only for the use contemplated bythe authorizing agreement between the parties and shall return same at thecompletion of use to the location agmed to by the parties, free fmm defect,ordinary wear and tear excepted.
(c) The receiving party shall bear all costs associated with any physicaldamage resulting kom its use, and assume liability for any loss and/ordamage to equipraent (including shipments contained therein) while maidequipment is stored on its premises or is being used by it or its designee to
unload, transport cargo, or reposition equipment, unless such loss ordamage is caused by the negligent acts or omissions of either party to thisagreement.
(d) The receiving party warrants that its auto liability coverage is properlyendorsed to extend coverage to the owner of trailer equipment under a
interchange endorsement.
5. Insurance. As financist surety for the indemnities and undertakings in 1 through 4
above, each warrants that it and/or its designee shall maintain the following insurance coveragethat it warrants will imne to the owner of the trailer equipment's benefrt:
(a) Commercial General Liability Coverage in the amount ofnot less than $1,000,000.
(b) Auto Llability Coverage in the amount of not less than51,000,000 per occurrence.
(c) Motor Truck Cargo Insurance for the market value ofshipment but not to exceed $100,000 per truck load. .
(d) Worker's Compensation Insurance in the amount required
by applicable state law,
(c) Physical Datnage Insumnce in an amount equal to the valueof the interchanged equipment or evidence of an appropriate trailer
2
!
'I/000042
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FILED: KINGS COUNTY CLERK 06/06/2018 09:18 PM INDEX NO. 505136/2015
NYSCEF DOC. NO. 750 RECEIVED NYSCEF: 06/06/2018
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{F I L ED : K INGS COUNTY CL ERK 05 / 26 / 2017 01 : 11 PM)INDEX NO. 505136/2015
NYSCEF DOC. NO. 371 RECEIVED NYSCEF: 05/26/2017
interchange endorsement
Bach will be named a certificate holder as well as an additional insured on (a), rupra andas a loss payee on (c) and (e) myra, on the other parties' policies.
6. )disasilaneous. This Agreemetit will become effective on the date written belowand will continue from month-to-month thereafter, subject to termination byeither party on 10 days prior written notice to the other. This Agreement shall netbe modified except by written instrument signed by authorized representatives for
parties. This Agreement shall be governed by and interpreted under thelaws of the State of Tennessee. In the absence of written trailer interchangeexecuted at time of the transfer of possession or other contemporaneous written
notifiention, the m:eiving party of equipment accepts the equipment f ed femobservable defect or damage.
Dated this ~/ day of ( /%R%20 .
H0-R0 Trucking Co. Inc. Vulcraft of NY Inc.
By By:
Title: Tide:
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FILED: KINGS COUNTY CLERK 06/06/2018 09:18 PM INDEX NO. 505136/2015
NYSCEF DOC. NO. 750 RECEIVED NYSCEF: 06/06/2018
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HO-RO TRUCKING COMPANY INC. 8ciu "
VULCRAFT z HFROlW ELMIRA, NY 0
TO: BROOKLYN, NY w mLOAD SPECIFICATIONS aPRODUCT STRUCTURAL STEEL - JOIST O
LENGTH WIDTH HEIGHT MILES TOTAL LOAD PERNIITS BRIDGE ROAD ROUTE DelayKgCHARGES CHARGE REQUIRED ESCORT ESCORT SURVEY Risk
DIRECT SHIPMENT TO SITE Q47 FT LEGAL LEGAL 245 $2,025 $1,525 30 $0 50 $0 $50058 FT LEGAL LEGAL 245 $3,154 $1.754 $400 $0 $500 $0 $500 RI
65 FT LEGAL LEGAL 245 $3,483 $1,983 $400 $0 $600 30 $500
SPLIT SHIPMENT TO AVENEL STAGING YARD AND JOBSITE DELIVERY UlUl
47l I FTI LEGAL LEGAL1Pflle 245 $2,125gQ $1,625 $0 $0 30gV go 5500
58 FT LEGAL LEGAL 245 $3,264 $1,854 $400 $0 $500 $0 $500 ChCh
65 FT LEGAL LEGAL 245 $3,783 $2,133 $400 $0 $750 $0 $500 too
Note: NJ, NY AND PA oversize loads move during daylight hours - NYC loads move iO:PM TO 5:AM
which necesslates staging at point of entry...
NORMAL DELIVERY PROVIDES FOR TWO (2) HOURS OF FREE TIME FOR DELIVERY. LOADS RETURNEDTO STAGING YARD CHARGE $400. g
DETENTION IS CHARGED AT AT $55.00 PER HOUR. AN EXTRA DAY CHARGE OF $750 PER OCCURANCE IS
CHARGED AFTER 6 HOURS DETENTION AND 2 FREE HOURS (6D+2F) WHEN NECESSITATING A LAYOVER.
THERE ARE ADDITI P, HARGES FOR DELIVERIES ON WEEKEN AND HOLIDAYS.
J~ D67~~7-
acczrTmc~ACCEPTANCE
DATE:DATE: P< -<(C) M
AAED bJ 00
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FILED: KINGS COUNTY CLERK 06/06/2018 09:18 PM INDEX NO. 505136/2015
NYSCEF DOC. NO. 750 RECEIVED NYSCEF: 06/06/2018
Q50005238925000523892 60005236938000523699
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FILED: KINGS COUNTY CLERK 05 26 2017 01: ll PM I NDEX NO . 5 0 5 13 G 2 O1 5
NYSC F DOC . NO . 371 RE3 f VED NY S CE F : 05/26/2017
Vutcraft of New York, Ine- Bltl cf Ladlng#: 6000281776Nucof 821 Main sireet- chernung NY 14825combed Sirs| ht El of Ladingoagunfsud Ladmg- NonNepoKable
FreipitCnargesarePre-pid4Sh|p|MteLoadandcount, Collsot. Defy
FMCSA on 393.110(d) Fabricated Structural Steel Girders and Trgsses Etc.Receive4subjecltotheclanslBcedongrdinitifsMcGoatortthedateofeiafoauefortesasofIm5ng,thepropertydescitbedbelow,mappwarggoodorder,exceptmooted[conbenieandcondllonorcancansor pm*egasunklzermarked,cemelgaedanddestiniaasalarmbakw.winossaidnaderekewordonnierbehpundersicodevouchoutus contradasmearinsanypersonorcorporateinpaneestonermspmportyundermaconumet)agiemocerylossusualpieceofossuaryalsakideathal¾sonla mule,otherwltelodeuvertoanothercenterontheroute½sakidestinaika11&mutua)/agreed,astoeachcar#erofasoranyofsaidproperlyoveraler anypotgcnofacidronatodes1Mloriandaerota partySlerVamehternatedb alof anyofSaR|property,thatsymy
tobepedolmedhe/medershe4besubje0110efftheferneami00rHiltior)6otthe(JñlformDomestcBlinh;htBl1ofIs®)gast|cg¶h(i) h OS it Southern,Westem,evapthc4etraignicasu5cat|cosine(JeotanGledebshereof,11thislaainAora resentsnNpmerit,ortalInheag4)¤eblerectorcarderclosstice5onortemtradotsamdorcentermNpnattBNpperhembycertinesthscheIsranil0arwimalMheterrrrcandconrit)ormofIneoakrell ofLadfrqL|ncludbgthoseonbackthereofcrsttzhadpages,setrotthb diadessmcallorrorhalowhchgoverwthetransportallorrofarsshannon'andtheandamosundcondifoneareheretryownedtobytheshipperundacomptedforblmeelfandblusmalgnt Page 1 of 4
Job No: 037-14-0031 PO# Cust No: 10075 Wp y Tem1s:SandardShip Date: Dec 18 2014
Sold To: Ship To; Canier. HO-ROTRUCKINGCO.INC
BANKER STEEL CO., NG. BARCLAYS GENTER - GREENROOFTraller Number 302
P.O. Box 10875 620 ATLANTIC AVE Anival Date:02/24/2015-07:00:00LYNCHBURG,VA 244i00-DB75 BROOKLYN, NY 11217 Drker's S!gnature:Phone·Phone..Phone. (434) 847.4575 Phone:
MHeage·Mileage;hllleagm 239Heaviest Bdl: 0.688 Tons
LongestJoist 46t01 1/8"
ATTN:P%I 58- Driver ==o JobsitsIIWSIH contracts are:ATTN: Driver imme Matt B1spo- Simarns -8914I724I412ATTN: Driver ==o Vhirds DeMalo - Hunt - 215-20M917
Bundle Job/Sequence List Description Job Mark Qty/Units Type FinishNurnber Longest Length Zome/Area Number
1002249926 J 18Li 58DLH Ti9F 1.00 L N48'-01 0/0"
Total i.00 PCS1002249929 18L1 56DLH T20F 1.00 L N
46*-D11/8"Totat 1 00 PCS
18t i 66DLH T21F 100 L N46‰011/8"
Total: i.00 PCS1002249017 037-i4-0031.S61 4J 5Li 56DLH T19N 100 L N
46'-01 0/0"0/0OIOTotal: i.00 PCS
1002249920 6Li 500LH T20N 100 L N4E-01 i /8"
Total: 1.00 PCS5Li 58DLN T21N 100 L N
45-01 5/8"1/81lgTotak i.0D PCS
Scheduled Ari1valDate Notice to ReceNers; Please check each tern on bmcarefully. Vufcraft will not be responsiblefor any shortages02/24/2015- 07:00:00 unless they are noted on this document please follow the handling recoramendationson the last page.
Jolst Jo(st Bridging Declt JofstSub AccessoryPieces Biniten Bundies kndles BUDdleg Bundles
RecehtedBy 6 8 0 0 0 0
TNs job is: Complete - Incornplete
Subject to Section 7 of applicable Bill of Lad|ng. if this shipment Is delwered to the consigneewithout recourse on the consignor, the consignor shall sign the following statement 'The carriershannot make a delivery on the shipment without payment of freight and all other lawftd charges"
WARNMG1 W__AENANGIWARNINGI WARNMG f WARNINGt WAtmlNG I;pelar e
Joistsare unstable during erection. Under no circumstancesareconstruction toads of anydesalption to be placed an unbridged joists. Any erector who BHowsthis to be denseIs Indirectylolation of 0.31,H.A.regulations, creates sig:dfkant risk of serious kijury to personand property, and may be holdisabia for any injuries sustained. Erector is respondble forfollowing an Instructions an drawing erection notes and on the ast page of this deliverytfcfrec.ttchoa P rvrantporwend thesethese sheettsheets at oi'or Reader(oReader to viewvtfnv thisthis I~FPOF formform. V000045ev, cscrsacrs'I/M004L.~o a
FILED: KINGS COUNTY CLERK 06/06/2018 09:18 PM INDEX NO. 505136/2015
NYSCEF DOC. NO. 750 RECEIVED NYSCEF: 06/06/2018
(FI L ED: KINGS COUNTY CLERK 05/26/2017 01:11 PM INDEX NO. 5O513 6 /2 015
NYSCEF DOC. NO. 371 RECEIVED NYSCEF: 05/26/2017
Nucor Vulcraft of New York, inc. BElof Lading iP. 6000281776adginaaneMaeng- NonNegonaNe 621 Main Street - Chemung NY 14825
Combined Straight Bill of LadingJob No: 037-14-0031 PO# Cust No: 10075 Page 2 of 4
Sold To: BANKER STEELCO., INC. Ship To:BARCLAYS CENTER - GREEN ROOF Carrier HO-RO TRUCKING CO. ING.TrailerR 202
ATTENTIONfThe Occupational Safety and Health Administration's OSHA) Hazard Communication Standard (29 CFR1910,1200) requires manufacturers
communitycatntnttnityto su
AcfAcftheir customers with S Ss for certain products, Sectkm 313 of the Emergency
Planning andommun'
Ri ht-to-Know (*EPCRA") alsorequires notification that our products may contain reportablechemicals listed Under C Section 313.Please visit http:/Avww.vulcraficom/ roducts/mada/ to obtain your copycopy of this information, If you wish to be malled a papercopy, please notify us immediately atIst 821 Main Street - Chemung N 4825, or call 936487-3399.
Please visit http://www.vulcraft.com/products/msds! as our SDS sheets have been updated as of 12/05/2014.
FMCSA Excep6on393.110(d) Special rule for speclelpugpose vehicles, The rules In this section do not apply to a vehloie transporEngone or moreartides of cargo such as, but not Emitedto; machinery or fabricated structural gems (e.g., steal or concrete beams, crane booms, girders, and trusses,etc.) which, because of their design, size. shape, or weight, must be fastened by speolel methods. However, any artlole or cargo carried on that vehidemust be securely and adequately fastened40 the vehicle.
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FILED: KINGS COUNTY CLERK 06/06/2018 09:18 PM INDEX NO. 505136/2015
NYSCEF DOC. NO. 750 RECEIVED NYSCEF: 06/06/2018
wea/svsni joists from ssggln«. If the jdkda rwl aaaled hnsmdlatehr cover In s manner Ihst adequatevenghgon to o/elect crtmerccaL
bcdh
placed on Sirdar un5i on the «Irder ans phce end weidwtBI No toads well be Ihe jokd In to lhs'girder,slrugsd st restrainedThe
and)ohh weloads toiolcle sii ls kwhyad fsshnsdfn place.
ooor chonl of.3816.Rhkd deck mual be athched to Rw of ths kdat at e maximum Inchse aanterlo pmvkia lha esquire} pennarwd laierelmenukxstIQAL of
ckswlngs.
pounds.
kduryio panscnaor pmparty.arechd
Oamane~egeahSXL PISOSWeightan SheetWhgebutlan Punching.
rsphtxs gw puddh Walda.
gmvkhausswL puddle wRhtnchaa. In sg oasaaaldelapa 58 Rude«adta the UtiIO. 85 shaNbeat I'M Inchdlsmehr or an ekmgstet weld
grs«hsr Pal'IOhe18. SCCSaaadeaere 8tlaChedby Waltkna,Sansdng Or Pumdllngaa fONOWB:I1) BIOPBat I2 Oenhr INI GIRDER
|FILE D: KINGS COUNTY CLERK 05/26/2017 01:11 PM|I ND EX NO . 5 O5 13 6 / 2 O15
NY S CE F DOC . NO . 371 RE CE IVED NY S CE F : 05/26/2017
CHHCKQUANTll1E541AltKNUMBERSANDCONDITIONOFJOASTS,3015TGARDERS,DECKANDACCE550RIESONARRIVALNOTEONTHEDEt.MlitW11CKEYANY SHORTAGEORDISCREPANCAES.VULCRAFTWILLNOTae UABLEPDRANY5HORTAGANOTNOTED.
ALLINSTRUCTIONSANDREQLfinEMENTSLISTEDON TH)5804 HSCLUDINGFORTHE$AFENAl@UNGAND STORAGE0FJolsT AND DECKPRODUCTS,APPLYTOALLOTHERPRODUCTSSHIPPED}NiRlilN,
RECOMMENDATIONSFORHANDLINGAND ERECTINGVDLCRAFTS111EL3O$T5ANDJ015TGERDERS.•1.When unload crena, always hook chains ar sings to top or hottom chords et pamd points, preferably at 1/3 yards. Never hook to webmembersor
hxk bundles I , When.unipading by hand, use exhume care when bree bundles and unload each sparet ,2. tolsts in bundles fee vertical emon.on wood king placed at panel points. Mghterloists should be slacked on heavier inists It mare than ene
layer is u red. Sto joists orr es 8 height of a is greater then tWIceIts width Jolats from tooken bundlesshouki be hid gat on blook| in
& on must be nowith ana noted "F pLANs F FIELD tJBE". Referenceprovides
arecgon chavdngsfor orlsntstks of TAG ENos fbr jolsts and jointglidera and any bolted ere stablli sequirements,
4, Vulge9must be riotined et once If lot end accessortescannot be ereo ed accordirig to the Final Erection s. VULCRAFTWiriNOT REItESPONSieLEF01tANY PIEl.DRIPAIRORCHANGESTHAT4RE viaTHDUTFRIDRcosssNI'. OSHA res pial no inodl1catlon thatBNectsthe siren«NI of 8 leetbdat or or be made without the a of the.P ofStructural himerof Record.
5, bo not compl weld kdststo bee support urvillpropwty sggnscLAe seance the t1sin position, the lohl ends shell be anachedtolts support inaccordancewilit note "5" bakW. Al johda 'whileIns ,brtdgf~ng,After Installetton at bridglry, complete |he attachment to the bearing support,Donot alternet to align or sirstghten groups of jolete after I and nent atlechment Io beedng ris has been made.
VULCRAFfBECOMMENDSAGAINSTANTONEWALIGNGQtt UNERIDGEDJOtSTL UNDERN0 CERCU AttEDECKAUNDLES,ORCONSTRUCTIONL.0AD$0FANYDESCRIPfl014TOBEPtACEDONJOISTS1NATAR£NOTFASTENEDATTHEstIlNDSORUNB1UDGED.
6. Certain bolted diagonal bridging must be Installedglor to alecN the holsting cables per fre latest sleet JeIsl Instlyta StandansSpec1ticagons.Ali bolls ore to be snug tighlened per the AISC" apecdtasgon.
7. vuksatt h are fabricated to meet the erec5on ujre of the orrupationalsefety and MealthAct (OSHA)29CFRBART1925SUBPARTR-stEEL 0N. FIELDCOMPLSANCEAllyTilTH15 15NECESSARY,
5, All hortcontal brkksng is shipped m20-foot eengths.All horizontal bridging shanhave a slandard 3-Ind) lap.AGdrops must he used. Bddging shall beconnectedto sis wilh a minimum of
R/KCSs s- 14 inch 3|let weld 14 inch lorig or equivalent. LH/DLHSustas- i78·lnch IMetWeld1 inch long or equivalent.gJo1sys
A) Bolh aides df the seat an ona end of thdjoist must be ettached to the a as Ilie foialifdis-p"aiglBonëifind stor to feliúiS illb Nolstingcoldes,When slots or les are
hokrdngresided n the nearing seats on one and or ends of 8 jolat..all halls must be installed and snug ghrened {per AESC)
to reles cables. .B) Jofst ends shag ear on sleet efructural members or bearing plates and shall be connected thereto vdtha minimumcif (contractdrawings must be
leviewed) :K/KC5Series-hve-· 1f8 Irish 111felwelde 1 th lo . 1.M/DLHSerler- Two- 1/4 inch fillet waifs 2 inches lone..
C) Where jolsts are located at colurnna,the strutted ends of thebottom dicrd must be restrained tram lateral inovementto brace e jolet fromduring erection.
D)when balliid connectionsage usedwith seat slols. ine linal corineollon must also be welded unless a slip connec0onla required..The structural~ should be reviewed fa detennina whether additionalweld la requireddue tp-speclel conditions.10.JolsT GI
A) Where gliders are supplied with elotamoles In the bearing seat both erection bolts et each end inust be installad and sang tightened prior toreleas| Rm les.
C eels of bottom orAs)cist
lohl I remust bebaallsg
frcmhdersI movement to help braceThe ifder from overturning duringerecllon. Thla is accom shed with 8 wugcci atsbilizerplato betwasn the ahold en«lac per OSHA 9 fl.757.
D) Atlar columns are ply with ereclien bcits told weld lhe lelst gliders to the cep lb 5 (filnirnum of two 1/4inch Ellet welds 2 inches long. TheoDntract 5on the project should be nndewedto daienldns whelter ed word la required due to spedal condlsons.
E) Do not weld rder betteunchord braces to the boRomchord of the lola untN85root er Roordeed loadsare a .pNed. Bolton1chord braces shallbe conrie with 8 gist weld size no leaa man the thickness of gusGB angle, nor greater than 1/4 withthe len no less than the GB leg length.
11.Do not weld bottom chos(extenelons to stabilizer plates or clip angles unless spedlically noted en the structurald go and then only idterapplicatlan.spplbegon of all dead loads.
12.Gontractereshap provida the means for adequate dm1sibutionof concentrated loads so that the ce capacEyof any jelst is not exceeded. Do not
13 Joepoi/
rany
re no designeduoSI
forbddgkig
a foods.compleudy r place in ced at a panel pepsnnanenly
ar id wahf sn extra web marriber from point of load to thenearestpanel point on the oppostle choedat no expense to Vulcralt
14. DONOTCUTAWAYANYCH0ft0508 WEeS.
tvscew. Fogoxrtheassisting lcp
BI In t of deck cent n6. Eeet Seed @ord band sle and o1stgtnhm wiln the camber upward.
17. a atched halves of tield s and.jolst ginlars are to be bolted together. Reference instruc5onsprovided an Vulcsalt aracton
RecDipaliNDATEOEIFOil HANDA.1NGANDAiReC11NGVUI.CRApTpTGELDECK•1.When unloading decl4 use care to avoid any damage to the materlaLWicraft is not responsible for d awhila unles .2. Dock should be atored olf the growadwth one arid eleveled to provide drainage. A waterproof cover d be providedWghproperwenttation to evoid
condonestlan.3. Deckbundles nortnelly welch up to 4000 Care must be taken to avoid overloadi structural congponentawhen placing bundles on the unofortocr,4. Do not use deckas 8 wcddng platform u the deck is intledhed.imea dede sheets sheB secured to prevent12 el from displac1:19the shaels and
5.causing
a be eith 8 n tan beali of $1/2 inches untanaotherw1eeshown.S. Wicson 1 (1JA/Lit deck) is bundled "up down" and must be hiverted when lib erected.7. Cuttingand frwntno el openings net shown on JheERECTION ORAWINGS shel be the responelblbtyof the trades Involved.8. Sloawcide shall be ths mssonatbllty of the deck eraclar.9. All constructon Avetoeds cr pouring of concrage)must be distributed by appropriate means to preventdamageto steel deck as well as asuctural
coniponents,19. When unt VULCRAFT STEEL DECK with inter alope,conecUy align sheets to obteln proper coverage.Do not connectsidelapa tritil deck is
11 Aoal deck lbe are bsghxdng sifapthp kle unlessnoted «gvsmdae.so that and Impsageshingle fashlenwhen the goofexceeds 1/4 Inch In 12
12. UNO end lape of sheela chal be 8 rainimurpof 2 Inchemand shadoccur over stgports. The ends of Wilcredtcomposlis deck shalt be bulled (not lapped)to fagilitate Ihe use of chats when veqrgrud.If studs are hurd) appiled through the composita deck onto the structuralsleet, Unastud wekis can be used to
13. Iden 518d SPSn a those3econunended by the 8leal Decit inelllute for UNSHORED CONSTRUCTION,Vulcrafi contpoelle deck muel beshored In coor ce with the ale *AC1SEGilÄREME
"L"‰E deck a"A"*acts
sf ill Enat,'E"'d &g"'" dbad
toIM"siªie"'e"Re%fn:2,iPTattged‰""".
an avwa«s cf 12 hchss but Iuamors than
equal poslrnator. Weldino heseshall be used wilh metal wtdcteaa le 0281nchee (22gs$ lhick.16 ,UNQ,Vuloraftstest decEwith na getlive stel shaghave eldel fastened at mmspan or at 31Ptnlarvata,whichevar is ama9er.
'°ateå°a"'°W°e¾‰DesdrFILLERs snd splgdecksheahel 1$ ncneeª°"%‰fe%nd'°"a"°u‡ Lat 3. an
o''skr'UTA5°center (4) sldnp ariTa'aifircata%fa
InCheaOnddgs id
valley plele at 12 inches on-center.*The above cotes are general notes only.Ifs discrupsacyendstsbeturaenthefiguel plans for field useand the ganara1mates,theitnal gdaristaka precadmaca.
ofFsge 3 4 Please rue Adobe Acrobat or Reader ta vlev Ala FDF form. /0001 Viv. assails
FILED: KINGS COUNTY CLERK 06/06/2018 09:18 PM INDEX NO. 505136/2015
NYSCEF DOC. NO. 750 RECEIVED NYSCEF: 06/06/2018
FILED: KINGS COUNTY CLERK 05/26/2017 01:11 PMÏINDEX NO . 5 Ó5 3 6]2 0 15
NYSCEF DOC. NO. 371 RECEIVED NYSCEF: 05/26/2017
5TRANiHTBrLLOFLAD11eG-NON-arEGOT1A1|L1E-ThitNis ANDCONDIT$Nf5
i. The Carrieror party Enpossession ("Carrier") of any of the property described in this Dillof lading (the'Goods") shall be liable for any loss of or damage tothe goads; provided, however:(a Carrier shall not be liable for any loss of or damage to, or delay in delivery of, the Goods caused by an eat of God,the publicenemy, or an ect or pubnoauthosity;and @)except In the case of negilgence or wlitul misconduct of Carrier (and the burdento prove freedomfrom such negtigence or willibi misconduct shel be on Caniet}, Carrier shell not be Emblefor foss, damage or delay resufflagfrom an inherent defectFnthe Goods, THIS SillPMEIf T tS NOT SUBJECT TO ANY CLASS1FfCATIONSOR TARTFF&
2. (a) Canier shall provide adequate equipment available for the safe transportationof the Goods. Carrier shelf provide drivereor operatorswho susand expedenced in the transport of items almilar to the Goods. Carrier shan be solely responsible for secur|ng Goods onto the rasana of
transportation, and Center shel property prepare such means of irenspsite9on for loading. Canier shag tarp, cover and/or anowe the Goods atsole expense.
(b) Cartler's delivery of the Goode she occur according to the delivery dates or schedule as speolRadonthe face of9de bill of lading. Such deliverydeles or schedule is an important consideration to shipper, and itne is of the essence as to each divery of lhe Goods. Canfer shall promptly notifyaNpperof any actual or foreseeable delay in meeUngany denverydates orschedule specified in this bHIof lading.
(c) Carrier's acceptance of this bill of lading shaltbe evidence of Canier's recolpt of the Goods in good order and condition,unless othanuleenotedon the face of this bill of lading.
3. All denvegiesare EXW (Inopterms2010) shipper's mlA,freightprevald or freight-cogeotto des1madon.Risk of loss or damage in transit shall be borneby consignee and ofelms shel be made directly to Cerr|er.
4. Carrier shannot create or surner,or permit a third party to ornate or obtain, any flan, encumbrance or securtly InterestIri the Goods. If the Goodsshould, for any reason, becomesubject to any such ilen, encumbranceor esourfty Interest, Canier shag, at|to sole expange,take all ecllons
to remove the sameas promptly as poemibleand shall nogfyshipper Immediatelyof any and ansuch liens. Further, shippermay, at itsopllon, elect to take actions to remove such liengL All expenses incurred by shipper and related is such actions shmilbe for the account of Carrier,end Carrlerhereby agrees to Endemnifyshipper against any such expenses.
5. Carrier shall, at its sole expense, take masonable cure in tis handlIng,transporting and, when necessary, storing of all Goods. Carrier shan be liableto shipper andfor consignmefor loss anger damage to any Goods transpostedunder this bill of lading. Carrier assumes all responsibilityfor and stskof eatislyand properly securingthe Goods to Carriendsmeans of transportation and all ilabIllnesand obligations arlahg out of the failure 10do soor the shifitng or movementfor eny reason of the load of the Goods on such means of iransportagon. Such Eabmy shall begin at the ilms the Goodaare loadedupon Carrier's equipment at the point of origin and shall continue unlil the Goods are delivered to consignee. Sudh liabil|tyfor risk orlosa or damage shaAbe foriha value of the Goods, which shell be understoodto mean the fuli|nvoice value. The liablilly for risk of less in no waymirdrnizeser affects Carrier'sIndemrilfloaRonoDEgat)onsunder Section 6 hereof.
6. Carrier shall lrulemntfyend hold harmless shipper for at damages, coals and expenses sustained by shipper by reasonof bodgyinjury, alcknessor death to, or any damagesto the personal property of, shipper or thirdparties (including but not Amitedto ownerfoperators,and employees ofshipper or carrier) arising cut of or in any manner occasioned by any act, mistake, misuse, error, fault, negilgerice or omisalonof Canter, or any of Itsomcars,employees, agents aflHates, oontractors er subcontractors, In performing any obDestionunder this bill of ladlre.
7. (a) The consignor or consigneeshall pay the freight arxi aAother lawful charges accruing on the shipment, as b|gedor corrected,except that collectmay move without recourse to the consignor when the oaristgnorso stipultee by signature or endorsement or other aoltnoudedgement
in the space provided on the face of the blAof Jadng.
(b) Notwilhstanding the provisions of aubsection (a) above, the consignants llabffityfor payment of additionet charges that may he fournsin be due aterdelivery shall be as spectiledby 49 LAS.C.$13706, except that the consignee need not providethe speolted written nolloe to Carrier f the cons|gneeis a for-hire carrier.
(Q Nothing herein shall flmlt the right of Canter to requte at t|me of shipment the prepayunentor guarardeeof the charges. If upon Inspeedon 2 laascertainedthatthe Goods shipped are not those described in this big oFlading, the freight charges must be pan based upon Ihe Goods soluaRyshipped.
8. Carrier hereby warrants andrepresents that (a) Canier has expeliance|n transporting kana elmnarto the Goods andWIBtransport the Goods In asafe andworkmanlike manner, consistent with1ndusby standards; (b) Canier shot prodde only dr)vensand operators possessingthe skAland
necessary for the safe and worlsnanRe transportation of the Goods; (c) carder wtUdeliver the Goods to their destinason1nthe samecondition as the Goodawere recalved by carder, and (d) Carrier possesses all permits andllcenses required by eny foreign, federal, state, ormunicipal governing body and shall operate In thil cornpsancewnh an taws,rules, segulalloneand ordinances and shall meet all regulramentsthatmay from time to 6me be spacified In regulations now enforoador herealler promulgated by any foreign, federal, stele cr municipalbody,
D. ($ All surface transportationprovided under gris bntof lading shall be subject to federal statutory and common law otherydseappscableto regulateinterstate shipments; U.S.atatules and regulaEonashat apply unless olherwise waived by signed writlen agreemenL To the extent class law appIlas,this blt of lading shall be governed by and construed in accordance Wilbthe laws of the statewhere the shipper ls located Ghe"Blate").
(b) Each party, solely for itself and Its successors snri assigns, hereby expressly and irrevocably consents to the exclusivejurtadodon of the elate andfederal acurta located Inthe eats tor any fltigationthatrnay arise ott of or benefuted to this bill of lading. On behalf of 11selfand Its successorsand assigns, Carder herebyexpressly and Inevocably wolves (Spersonal service of any and ag process, and consents that all service of processmay be made by registeredmall, return receipt requested, drected to the party, and GBany objeoHonbased on foruarnonenmerdensor venue of anysurn motion.
(r$ If all or any pelt of lhe Goods Is cargiedby water over any part of maidroute, such waler carriage shaBbe performed subject to the terms and provisionsand lin1ttalionsof ffabillly spooniedby any partinent laws appIloeble10water carriers.
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FILED: KINGS COUNTY CLERK 06/06/2018 09:18 PM INDEX NO. 505136/2015
NYSCEF DOC. NO. 750 RECEIVED NYSCEF: 06/06/2018
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