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5.4 CUSTOMER acknowledges and accepts the reasonableness of the foregoing disclaimer and limitations of liability.
<br />Furthermore, CUSTOMER expressly agrees that the consideration due SECTRAN for the Services to be provided herein is based
<br />upon the limited liability assumed by SECTRAN as described herein. In the event CUSTOMER determines that SECTRAN'S
<br />exposure hereunder is in excess of $ 500.000 dollars, the parties shall renegotiate the compensation to be paid to SECTRAN in
<br />consideration of the increase in liability In the event the parties hereto agree on the revised terms to this Agreement, SECTRAN
<br />shall increase the liability ceiling herein and increase the related bonds and insurance policies.
<br />6. DELIVERY OR LOSS.
<br />6.1 Upon SECTRAN'S delivery of the PROPERTY to the designated party, SECTRAN'S liability
<br />shall automatically terminate. In the event of non-delivery, SECTRAN'S liability shall automatically terminate upon the
<br />PROPERTY'S return to CUSTOMER. CUSTOMER assumes all liability for all PROPERTY while in CUSTOMER'S control.
<br />while on CUSTOMER'S premises and/or while within the possession, custody or control of CUSTOMER'S employees.
<br />representative. agcots or parties designated by CI IS I OMER.
<br />6.2 In the event of loss. the parties shall cooperate, in reconstructing the events to include checks
<br />constituting all or part of said loss. Subject to the limitation of liability, SECTRAN'S liability with respect to said checks will be
<br />calculated as:
<br />'The reasonable and necessary cost to reconstruct such checks;
<br />As to checks reconstructed, reasonable and necessary costs incurred to invoke stop
<br />payment procedures, plus
<br />The face value of checks which could not reasonably be reconstructed.
<br />The words "reconstruct". "reconstructed" and "reconstruction" shall mean to identify checks only
<br />as to the fact amount thereof and to identify the marker or endorser thereof. The word "shipment" shall mean a single
<br />consignment of one or multiple items of PROPERTY (in one or multiple containers) from one CUSTOMER at one time from one
<br />address to one designated party at one designated address.
<br />6.3 CUSTOMER shall notify SECTRAN in writing of any claimed loss (actual or suspected) within
<br />twenty-four (24) hours after such boss is sustained (or believed to have been sustained) but in no event later than THIRTY (30)
<br />days after CUSTOMER'S delivery of the PROPERTY to SECTRAN. SECTRAN shall bear no liability whatsoever for any Loss
<br />(whether discoverable or not) for which CUSTOMER fails to notify SECfRAN within this requisite THIRTY (30) day notice
<br />period. CUSTOMER shall furnish proof of loss in a form reasonably satisfactory and shall promptly assist SECTRAN or its
<br />insurer in any investigation pertaining or relating to said Loss. Upon payment of the Loss to CUSTOMER, SECTRAN or its
<br />insurer shall be subrogated to CUSTOMER'S rights and remedies of recovery to the extent of such payment.
<br />6.4 Notwithstanding any other provision hereof, SECTRAN shall not be liable for any Los's caused by
<br />or resulting from
<br />(i) Any hostile, terroristic or war -like action in time of peace or war including counter
<br />action taken to hinder, combat or defend against an actual. impending or expected attack by any government or sovereign power
<br />(dejure or de facto) or by any authority, agent or group maintaining or using Military, Naval, Air or Combat Forces.
<br />(ii) Any weapon of war or weapon of mass destruction to include but not limited to those
<br />employing atomic fission.. radioactive force, nuclear reaction, chemical reaction, biological reaction or radiation from any atomic,
<br />nuclear or chemical impetus whether in time of peace or war.
<br />(iii) Arty actual or perceived insurrection, rebellion. revolution, civil war, civil unrest, riot,
<br />terrorism, usurped power, coup or action or any counter -action taken by governmental, sovereign or military authority, agent or
<br />group to hinder, impede, combat or defend against such occurrence, aggression, seizure or destruction whether controlled or
<br />uncontrolled and whether such Loss is directly, indirectly, proximately or remotely caused by. contributed to or aggravated by
<br />such perils) in whole or in part"
<br />(iv) Any Occurrence, seizure, destruction. quarantine and/or confiscation, for any reason or no
<br />reason whatsoever, by any federal, state, county or local governmental agency or public authority whether by formal or informal
<br />order, decree, directive or request.
<br />(v) Any Loss whatsoever associated with, or merely suspected or believed to be associated
<br />with contraband(customer property only) of any kind, any unlawful transportation thereof and/or any unlawful trade.
<br />(vi) With respect to Sections (iv) and (v) above, SECTRAN shall voluntarily relinquish
<br />PROPERTY to any federal, state. county or local governmental agency or public authority whether by formal or informal order,
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