Operating instructions
Dole – Drivers Reference Manual
Page 62
Upon any termination hereof, all outstanding obligations of Carrier to DOLE shall become
immediately due and payable, notwithstanding anything set forth herein. Carrier’s obligations to
DOLE hereunder as to Units heretofore delivered to Carrier shall not be affected in any way by any
expiration or termination hereof.
12. Arbitration. The parties agree that they will submit any dispute arising out of
this Agreement to final and binding arbitration at Los Angeles, California, under the presently
existing Rules of Commercial Arbitration of the American Arbitration Association. The arbitration
award may be entered as a judgment in any court of competent jurisdiction and shall not be subject to
appeal. All disputes shall be submitted to arbitration upon service by one party upon the other of a
written demand for arbitration setting forth the nature of such disputes and the relief sought. All
arbitration proceedings shall be consolidated. The parties shall each diligently, promptly and
independently determine the availability and willingness of potential arbitrators and obtain
disclosures of affiliation or circumstances for disqualification. The parties shall then meet and confer
to select a mutually acceptable arbitrator. If the parties are unable to agree upon an arbitrator within
sixty (60) days after service of the first written demand for arbitration, then either party may petition
the appropriate court for appointment of an arbitrator. Each party shall bear its own costs, including
its own attorneys’ fees. The arbitrator’s fees and costs shall be allocated by the arbitrator in
accordance with the above referenced Rules of Commercial Arbitration. The relief sought and which
may be awarded by the arbitrator shall not include damages in the nature of a punitive award. The
terms of this Section 12 shall survive the termination of this Agreement.
13. Entire Agreement. This Agreement and attachments made a part hereof and the
EIR’s in the form described herein, executed by representatives of the parties hereto, constitute the
entire agreement between the parties, and no provisions or conditions not specifically contained
therein shall be binding upon the parties.
14. Amendment; Waiver. This Agreement supersedes all previous agreements related to
the subject matter hereof. This Agreement may be amended, and any provision hereof or any default
hereunder waived, only by written consent of the parties hereto. Failure of DOLE to insist upon the
punctual performance of any provision of this Agreement or to exercise any right or remedy available
to DOLE pursuant to this Agreement shall not constitute a waiver of any right or remedy or of any
subsequent right or remedy.
15. Remedies. The remedies provided herein are in addition to all other remedies
available at law or in equity.
16. Binding Effect. This Agreement shall be binding upon the successors and permitted
assigns of the parties hereto.
17. Assignment. No rights hereunder may be assigned by Carrier without the prior
written consent of DOLE, which DOLE may withhold in its discretion.
18. No Commitment. This Agreement is not intended to bind DOLE to make any Units
available to Carrier or to bind Carrier to accept any such Units; but this Agreement is intended to
define the terms on which any Unit which may be made available and accepted shall be used and
held.