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This instrument contains all of the agreements, understandings, representations, conditions, warranties and <br />covenants made between the parties hereto concerning the subject matter herein contained. Unless set forth herein, neither party <br />shall be liable for any representations made and all modifications and amendments hereto must be in writing. <br />16. MISCELLANEOUS PROVISIONS. <br />A. SECTRAN reserves the right to increase service fees and charges upon THIRTY (30) days written <br />notice. Please review Exhibit A for current service Pees. <br />B. CUSTOMER agrees the maximum value of PROPERTY SECTRAN will transport in any <br />individual container shall not exceed $500.002 If the container value CUSTOMER seeks to tender exceeds $500,000 the <br />shipment must be broken into separate containers before SECTRAN shall accept tender of the PROPERTY. <br />C. Exhibit "A" sets forth SECTRAN'S base charges. Should CUSTOMER require additional 'service <br />time per stop in excess of the first EIGHT (S) minutes, CUSTOMER shall pay a waiting time charge of $2.50 per minute <br />thereafter. However, SECTRAN reserves the right to depart from any CUSTOMER location any time pick ups are not ready or <br />CUSTOMER'S designated personts) are not available to accept deliveries as time is of the essence in SECTRAN'S ability to <br />timely serve all CUSTOMERS on its routes. Should CUSTOMER request SECTRAN to return later that day or week. <br />CUSTOMER shall be charged a special rescheduling charge which SECTRAN will quote prior to rendering service. <br />D Should CUSTOMER request SECTRAN to search for and produce copies of documents, receipts, <br />forms, transportation logs, deposit receipts with CUSTOMER'S financial institution or Consignee or any other business record. <br />SECTRAN shall assess CUSTOMER a research fee of $ 45.00 per hour to cover SECTRAN'S administrative and labor costs <br />associated with the requested research. <br />17. NOTICES. <br />Any notice, request, demand or other communication required or permitted hereunder shall be deemed to be <br />properly given when deposited in the United States mail, postage prepaid, or when deposited with a public telegraph company for <br />transmittal, charges prepaid, addressed. <br />17 1 In the case of SECTRAN to: MR. VATIC, OHANIAN or to such other person or address as <br />SECTRAN may from time to time furnish to CUSTOMER. <br />172 In the case of CUSTOMER to: CHRISTINE C. CALDERON or to such other person or address as <br />CUSTOMER may front time to time furnish to SECTRAN. <br />I& Each Party and its employees promises, without exception and without reservation, that it/they shall make no <br />use or disclosure of, other than for purposes of performance hereunder or as may be required by law, the other's mode or method <br />of operation, security measures, SECTRAN'S routes, SECTRAN'S pick up schedule, CUSTOMER'S safes, CUSTOMER'S <br />deposits, the identity of CUSTOMER'S financial institutions or consignees or any other non public proprietary and confidential <br />information or documentation. Should either Party receive service of legal process to compel such disclosure or production, that <br />Party shall immediately notify the other such that the affected Party may timely object to such disclosure or production if it so <br />desires. <br />19. In the event one or more of the provisions contained in this Agreement be deemed invalid, illegal or <br />unenforceable in any respect by an arbitrator or a court of competent jurisdiction, the validity, legality and enforceability of the <br />remaining provision shall not in any way be affected or impaired Further. the offending term shall be automatically rewritten, as <br />minimally as necessary, to cure such invalidity, illegality or detect. <br />20. It is agreed there is no relationship between SECTRAN and CUSTOMER other than as expressly stated <br />herein. CUSTOMER is not SECTRAN'S agent. principal, employee, representative, consultant or independent contractor. <br />21 This Agreement may he terminated for cause by either party notwithstanding any contrary provision. Should <br />either Party seek to terminate this Agreement, for cause, written notice of such intent shall be given to the other stating, with <br />particularity, the acts and/or omissions creating the circumstances justifying termination. Following receipt of such notice, the <br />receiving Party shall respond in writing within seventy two (72) hours and shall state the terms upon which it intends to cure the <br />act or omission warranting termination. Should the Party not cure the circumstance(s) giving rise to the termination notice to the <br />other Party's reasonable satisfaction, that Party may terminate this Agreement effective the tenth (10'") day following delivery of <br />the notice of termination. <br />22. 'Phis Agreement may not be altered, modified or superseded except by a written agreement executed by the <br />parties' authorized officer or by a written memorandum executed by the party against whom enforcement is sought. This <br />Agreement and its exhibits Constitute the Parties 'entire Agreement. Absolutely no representation, inducement, promise. <br />understanding, agreement or trade puffery shall have any force, effect or sustained reliance once this Agreement is executed. <br />Each signatory, on behalf of his/her party, represents he/she read and understood each term and condition of this Agreement <br />