FXF 100 Rules Tariff

Idemnification

US Section 1
US/Canada Section 2A
Intra Canada Section 2B
US/Mexico Section 3

Effective Date January 4, 2016


Item 150

Rule

Idemnification
  1. Shipper shall indemnify, defend and hold harmless Carrier, including its respective officers, directors, agents, employees and parent, sister and other affiliated companies, from and against any and all claims, demands, losses, damages, costs and expenses (including reasonable attorney’s fees, costs and expenses incidental thereto), connected with or resulting from injury to or death of any person; injury to property (excluding Customer’s cargo), or to natural resources; violation of any local, state or federal law or regulation; or strict liability imposed by any law or regulation, arising out of the Shipper’s (or its employees’ or agents’) negligent acts or omissions or willful misconduct or violation of any law or regulation, in connection with the services requested by Shipper and provided by Carrier hereunder. Carrier shall provide Shipper with (i) written notice of any such claim; and (ii) sole authority and control over the defense and/or settlement of such claim; and (iii) at the Shipper’s request, such reasonable assistance and information as is available for the defense of such claim. In no event will Carrier be liable for any consequential, indirect, exemplary, punitive or special damages of any nature whether or not such damages were known or foreseeable.