Operating instructions

Dole – Drivers Reference Manual

Page 59

(h) Other Damages Claims. Nothing in this Section 6 shall in any way limit or

affect Carrier’s obligations, arising under Section 7(b) or otherwise, as to any claims of third parties,

or claims of DOLE other than those for damage to the specific Unit, arising out of the possession, use,

operation, maintenance or return of the Units.

7. Fees and Expenses; Indemnity and Insurance.

(a) Except as otherwise provided herein, Carrier shall pay all costs and expenses

incident to Carrier’s arrival at the terminal for the pick-up of a Unit and incident to the operation of

the Unit from delivery until return thereof by Carrier, including, but not limited to, all taxes, licenses,

fees, fines (including parking tickets and fines for toll or traffic violations), duties or charges

applicable to the Unit, the towing or power unit it used to tow the Unit, and the driver or drivers of

such towing or power unit as well as any other personnel expenses applicable to the Carrier’s pick-up

and/or use of the Units and related equipment. Each Unit shall be deemed to be received by Carrier

in full compliance with all applicable FMCSA regulations at the time of interchange; Carrier shall be

responsible for any fines assessed for noncompliance while the Unit is in Carrier’s possession.

(b) Subject only to the specific exceptions set out in this Agreement for repairs

or the replacements to be paid by DOLE, Carrier shall defend, indemnify and hold harmless DOLE

and any of its parent, subsidiary or affiliated companies, from and against any and all claims,

demands, actions, proceedings, expenses (including interest, penalties and attorneys' fees and costs

incurred in defense of a claim or suit, or incurred because of the wrongful failure to defend against a

claim or suit, or enforcing Section 7 of this Agreement), damages and liability of any nature

whatsoever, including loss or damage to Units or any part, accessory or appurtenance thereto, bodily

injuries, death, loss, damage and expense to persons or property, in any manner arising out of,

connected with, relating to or resulting from the pick-up, possession, use, operation, maintenance or

return of the Units by Carrier or any other person from arrival at the terminal to pick-up a Unit until

departure from the terminal after delivery, including, without limitation, any claims, demands,

actions, suits, proceedings, costs, expenses (including interest, penalties and attorneys’ fees), damages

and liability for the loss of, damage to, or delay in shipping any goods being transported or stored in

such Units, whether suffered by DOLE or by other parties. The indemnification provided herein

shall apply regardless of whether such loss or damage to the Units or any part, accessory, or

appurtenance thereto, bodily injuries, death, loss, damage, or expense to persons or property

arose from DOLE’s (or DOLE’S affiliate companies’) negligence (whether active or passive),

act, omission, or fault and regardless of whether or not the Carrier acted negligently or

willfully. In the event of any damage or injury to the person or property of any person (including,

without limitation DOLE, Carrier, or their respective agents or employees) by reason of such

possession, use, operation, maintenance or return, Carrier shall promptly, and in no event more than

forty-eight (48) hours thereafter, notify DOLE as to the time, place and circumstances thereof. The

provisions of this section shall not affect the liability of Carrier for freight loss or damage claims with

respect to any cargo transported or stored in such Units.

insurance specified below, underwritten by Best's A, VI rated insurance company; all insurance

policies shall name Dole Food Company, Inc., Dole Fresh Fruit Company, and its and their parent,

subsidiary or affiliated companies (collectively, the “Dole Companies”) as additional insured, and the

policies shall provide for DOLE to be given a thirty (30) day advance notice of cancellation of any

insurance coverage set forth in this Section 7(c) of the Agreement or any Addendum hereto, unless

such cancellation is due to non-payment of the premium in which case a minimum of ten (10) days