Indemnification

The Customer, Consignor, Consignee, Beneficial Owner and/or any other party(s) to the transaction shall be liable, jointly and severally, to pay or indemnify Forwarder for all claims, fines, penalties, damages, reasonable attorney’s fees, costs or other sums which may be incurred, suffered or disbursed by Forwarder by reason of any violation of any of the terms and conditions contained in these Governing Rules & Provisions, or the underlying motor carriers’ applicable tariffs or publications, or any other default of the Customer, Consignor, Consignee, Beneficial Owner or other such party with respect to a shipment.

Customer agrees to defend, indemnify and hold Forwarder harmless for all costs arising out of any spill, response, mitigation, fine or penalty, clean up (including decontamination and/or rehabilitation of the equipment) or ultimate disposal of cargo, including hazardous materials which result from a failure by the Customer, Consignor or Beneficial Owner to properly package, or in regard to truck load shipments, load, secure, placard or otherwise properly prepare the shipment for transportation. Such a failure shall include, but is not limited to, the failure to properly package, load, block or brace the freight; the failure to properly document or placard or describe the freight. Additionally, Customer agrees to indemnify Forwarder, for any costs, fines or penalties arising out of the transportation of an overweight shipment or container. Though Customer is entitled to seek indemnification from others ultimately responsible, the responsibility of others shall in no way relieve Customer of its duty to indemnify Forwarder. Additionally, Forwarder shall be entitled to reasonable attorney fees and costs for enforcement of these terms.