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NEW CARRIER SET UP PACKET

• P.O. Box 18 • Zeeland, MI. 49464 • Phone: 616-396-5200 • Fax: 616-239-1440 •

•• Completing this form is a requirement prior to loading for West Michigan Transport. ••

Your company’s full name and address:

A OK TRANSPORT INC
(Company Name)
312 S HARPER AVE,
(Street)
GLENWOOD IL 60425
(City) (State) (Zip Code)

Company Billing Address OR name of your factoring company:


(**PLEASE ATTACH YOUR NOTICE OF ASSIGNMENT WITH PACKET SUBMISSION IF USING A FACTORING COMPANY**)

A OK TRANSPORT INC
(Company Name)
312 S HARPER AVE,
(Street)
GLENWOOD IL 60425
(City) (State) (Zip Code)

1059445
Federal Id #: 37-1951586 MC Number:

DOT #: 3326728 Toll Free #:

Phone # & ext. : 872-444-4768 Fax:

Email: aoktrans@gmail.com Contact:

Liability/Cargo Insurance Carrier – **Please attach Certificate of Insurance as well**

Phone #: Fax:
Carrier Payment Preference

Please indicate which of the following payment terms you would like to be set up with. Your selection will
remain as your permanent payment term until we, West Michigan Transport, LLC. (WMT) are notified in
writing that you would like your term changed.
Invoicing:
• Email: Invoices, Receipts, BOL’s, NOA’s & Releases to accounting@westmichigantransport.com
• Paper Copy submissions:
West Michigan Transport
PO Box 18
Zeeland, MI. 49464

Payment Options - Please Select One of the Following Payment Options (X):

 10 Day – A 2% service charge will be deducted from the gross truck rate and will be sent out
within 10 days by mail.

 28 days – No Fees – check mailed within 28 days of WMT receiving the paperwork.

 ACH Quick Pay - 5% service charge – A 5% service charge will be deducted from the gross
truck rate and payment will be Deposited into your account on the next business day.

ACH Information Needed:

o Bank Name_____________________________________
o Account Name__________________________________
o Routing________________________________________
o Account Number________________________________
o Account Type: Checking______ Savings______
o Remittance Email: _______________________________
o If available, please provide a voided check.

REFERENCES
**All carriers are required to submit 3 current references (Brokers or Shippers)**

Broker/Company Name Phone # Contact Name


BROKER – CARRIER AGREEMENT

This Agreement is entered into this ___ 09


11 day of ___________, 20___,
21 by and between West
Michigan Transport, LLC, (“BROKER”), a Registered Property Broker, License No. MC-566217,
A OK TRANSPORT INC a Registered Motor Carrier, D.O.T. Permit / Certificate No. MC-
and ___________________,
__________
1059445 (“CARRIER”); collectively, the “Parties”. (“Registered” means operated under
authority issued by the Federal Motor Carrier Safety Administration “FMCSA” or its predecessor
agencies, within the U.S. Department of Transportation.)

WHEREAS, CARRIER is a motor carrier of property authorized to provide transportation of


property under contracts with shippers and receivers and/or brokers of general commodities; and

WHEREAS, BROKER is duly registered with the FMCSA as a property transportation broker;

THEREFORE, the Parties mutually agree as follows:

I. Representations and Legal Status of Parties


a. CARRIER represents and warrants that it is a Registered motor carrier of property authorized
to provide transportation of property under contracts with shippers and receivers and/or
brokers of general commodities, and that such registration meets all federal or state
requirements. CARRIER shall obtain and make available to BROKER, upon request, copies of
the CARRIER’s registrations.
b. CARRIER shall transport property under its own operating authority and subject to the terms
of this Agreement. Such authority shall cover the commodities and geographical scope of all
transportation provided under this Agreement.
c. BROKER represents that it is duly registered with the FMCSA as a property transportation
broker as defined by 49 U.S. C. 13102(2).
d. Independent Contractor: It is understood and agreed that the relationship between BROKER
and CARRIER is that of independent contractor and that no employer/employee or agency
relationship exists or is intended. None of the terms of this Agreement, or any act or omission
of either Party shall be construed for any purpose to express or imply a joint venture,
partnership, principal/agent, fiduciary, or employer/employee relationship between the
Parties. CARRIER is solely responsible for operating the equipment and directing, managing,
monitoring, and controlling the personnel necessary to transport the freight under this
Agreement. BROKER has no control over CARRIER, including but not limited to routing of
freight, and nothing contained herein shall be construed to be inconsistent with this provision.
It is further understood and agreed that CARRIER shall and does employ, retain, or lease on its
own behalf all persons operating motor vehicles transporting commodities under this
Agreement, and such persons are not employees or agents of BROKER. All drivers of motor
vehicles and persons used or employed in connection with the transportation of commodities
under this Agreement are solely subject to the direction, control, and supervision of CARRIER
and not BROKER or BROKER’s customer.
II. Compliance with all laws, safety, and ethics standards
a. CARRIER confirms that during the term of this Agreement, it will comply with all applicable
federal, state and local laws. This includes, but is not limited to, all customs and security
laws that are applicable to motor carriers transporting goods either domestically in the
United States or for import or export from or to the United States.
b. CARRIER shall be solely responsible for any violation of the applicable laws and
regulations, and shall defend, indemnify, and hold BROKER and its customers harmless and
pay BROKER on demand from any claims, losses, damages, or liability incurred, including,
but not limited to reasonable attorneys’ fees arising from any non-compliance.
c. CARRIER is solely responsible for any and all management, governing, discipline, direction
and control of its employees, owner/operators, and equipment with respect to operating
within all applicable federal and state legal and regulatory requirements to ensure the safe
operation of CARRIER’s vehicles, drivers, and facilities. CARRIER and BROKER agree that
safe and legal operation of the CARRIER and its drivers shall completely and without
question govern and supersede any service requests, demands, preferences, instructions,
information from BROKER or BROKER’s customer(s) with respect to any shipment at any
time. No instructions or requests given by BROKER should ever be interpreted as a request
to violate any laws or regulations or to put the safety of any person or property at risk.
d. CARRIER warrants that all drivers in its employ or to whom it subcontracts hold a valid
driver license, as required by federal and/or state regulatory agencies, and are properly
qualified and fit to perform motor carrier services provided under this Agreement.
e. CARRIER warrants that it does not have an “Unsatisfactory,” “Unfit,” or “Conditional”
safety rating issued by the Federal Motor Carrier Safety Administration (“FMCSA”), U.S.
Department of Transportation, and CARRIER agrees that at no time during the term of its
contract with BROKER shall it have an “Unsatisfactory,” “Unfit,” or “Conditional” safety
rating as determined by the FMCSA. CARRIER further warrants that it has not been, is not
being investigated for, nor is it currently subject(ed) to any fines or disciplinary actions by
any governmental agency (state or federal) related to the enforcement of any safety laws
and regulations. It has no knowledge of any threatened on pending interventions by the
FMCSA nor is it subject to any investigation or disciplinary action by any state agency
related to the enforcement of safety laws and regulations. If the CARRIER’s safety rating is
changed to anything less than “Satisfactory”, such as but not limited to “Unsatisfactory,”
“Unfit”, or “Conditional”, CARRIER shall immediately notify BROKER and shall not transport
any shipment hereunder without BROKER’s prior written consent. The provisions of this
paragraph are intended to include any safety rating designations which may replace those
currently used by the FMCSA and which are subject to change by the FMCSA at any time.
Further, CARRIER warrants that none of its owners, officers, or directors have ever held a
controlling interest in a motor carrier company whose license was revoked by a
governmental authority for violation(s) of safety standards.
f. CARRIER will notify BROKER immediately if CARRIER’s federal operating authority is
threatened to be or is revoked, suspended, or rendered inactive for any reason; and/or if
CARRIER is sold, or if there is a change in control of CARRIER; and/or any of its insurance
required hereunder is threated to be or is terminated, cancelled, suspended, or revoked
for any reason.
g. BROKER shall maintain any surety bond(s)/trust(s) as required by the FMCSA.
h. BROKER will notify CARRIER immediately if its federal operating authority is revoked,
suspended, or rendered inactive for any reason and/or any insurance required hereunder
is threatened to be or is terminated, cancelled, suspended, or revoked for any reason.
i. Bribery and Corruption: CARRIER hereby warrants that it will not directly or indirectly, and
it has no knowledge that other persons will directly or indirectly, make any payment, gift,
or other commitment in a manner contrary to applicable laws, including, but not limited
to, the U.S. Foreign Corrupt Practices Act. In the event of breach of this paragraph,
nothing in this Agreement shall render BROKER liable to reimburse CARRIER for any such
consideration given or promised. Breach of this paragraph shall entitle BROKER to
terminate this Agreement with immediate effect and without prejudice to any further
right or remedies on the party of CARRIER. CARRIER shall indemnify, defend, and hold
harmless BROKER for all liabilities, damages, costs or expenses incurred as a result of any
such violation.

III. Responsibilities of CARRIER


a. Equipment: CARRIER agrees to provide the necessary equipment and qualified personnel
for completion of any services performed by it under this Agreement. CARRIER agrees that
all shipments will be transported and delivered with safe and legal carrier dispatch, and as
agreed in writing. CARRIER will not supply equipment that has been used to transport
hazardous wastes, solid or liquid. CARRIER warrants that all equipment used under this
Agreement is in good operating order and meets any and all applicable safety standards.
b. Bills of Lading: CARRIER shall sign a bill of lading, produced by shipper or CARRIER in
compliance with 49 C.F.R. §373.101 (and any amendments thereto), for the property it
receives for transportation under this Agreement. Unless otherwise agreed to in writing,
CARRIER shall be fully responsible/liable for the freight from the time it takes/receives
possession thereof, regardless of whether a bill of lading has been issued, and/or signed,
and/or delivered to CARRIER, and which responsibility/liability shall continue until delivery
of the shipment to the consignee and the consignee signs the bill of lading or delivery
receipt. Any terms of the bill of lading (including, but not limited to, payment and credit
terms, released rates, or released value) inconsistent with the terms of this Agreement
shall be ineffective. Failure to issue a bill of lading or sign a bill of lading acknowledging
receipt of the cargo by CARRIER shall not affect the liability of CARRIER.
c. CARRIER will not insert, nor authorize a shipper to insert BROKER’s name on a bill of lading
as the shipper or carrier without BROKER’s express written consent and also agrees that a
shipper’s insertion of BROKER’s name as the carrier on a bill of lading shall be for the
Shipper’s convenience only and shall not change BROKER’s status as a property broker nor
CARRIER’s status as a motor carrier.
d. CARRIER will provide to BROKER, upon request, any and all bills of lading pertaining to
shipments hereunder.
e. CARRIER agrees that neither BROKER nor its customer is responsible for paying the
involved driver’s salary, wages, compensation or charges, nor are responsible for
Workmen’s Compensation coverage or any taxes based on salary, wages, or
compensation. CARRIER agrees to provide and properly maintain the necessary
equipment and to provide all fuel and pay all expenses necessary to safely operate the
equipment, and CARRIER agrees that in no instance shall BROKER or BROKER’s customer
be responsible for any CARRIER-related expenses.
f. CARRIER will inspect and verify the count of the goods at the first handling point and
immediately report any overage, shortage or damages to BROKER by phone. If no notice
has been provided, CARRIER will be responsible for shortages or damages.
g. CARRIER agrees to promptly notify BROKER via phone of all accidents or other events
which prevent CARRIER from making a timely or safe delivery, and also agrees to use the
utmost care and due diligence in the protection of cargo.
h. Upon delivery, CARRIER will provide to BROKER proof of delivery.
i. CARRIER will maintain records of transportation performed pursuant to this Agreement for
a period of 5 years following delivery of any shipment and will make such records
promptly available to BROKER upon request.

IV. Responsibilities of BROKER


a. BROKER’s responsibility is limited to arranging for, but not actually performing,
transportation of a customer’s / shipper’s freight.
b. BROKER shall inform CARRIER of (a) place of origin and destination of all shipments; and
(b) if applicable, any special shipping and handling instructions or special equipment
requirements of which BROKER has been timely notified and will affect CARRIER’s
performance.

V. Assignment / Subcontracting
a. CARRIER will not assign, re-broker, or subcontract, any performance under this
Agreement, without prior written consent of BROKER. If CARRIER breaches this provision,
BROKER shall have the right of paying the monies it owes CARRIER directly to the
delivering carrier and/or subcontractor in lieu of payment to CARRIER. Upon BROKER’s
payment to delivering carrier, CARRIER shall not be released from any liability to BROKER
under this Agreement. In addition to the indemnity obligations of this Agreement,
CARRIER will be liable for consequential damages, costs, expenses, and reasonable
attorney fees for violation of this Paragraph V.

VI. Limitation of Liability / Claims


a. CARRIER shall defend, indemnify, and hold BROKER and its shippers and/or customers
harmless from any and all claims, actions, suits, damages, or shortages, arising out of its
performance or services provided under this Agreement, including, but not limited to,
cargo loss and damage, theft, delay, damage to property, and personal injury or death.
CARRIER shall not limit its liability for loss, damage, or delay through the Carmack
Amendment (49 U.S.C. §14702 et seq.), its terms and conditions, or any other method, and
no such limits of liability are valid. CARRIER shall be solely and exclusively liable for all
legal liability claimed or arising from the transportation of any commodities under the
terms of this Agreement. Neither party shall be liable to the other for any claims, actions
or damages due to the negligence or intentional act of the other Party, or the shipper. The
obligation to defend shall include all costs of defense, including but not limited to all
reasonable attorney’s fees, as they accrue.
b. Loss and Damage Claims:
i. CARRIER shall comply with 49 C.F.R. §370.1 et seq. and any amendments and/or
any other applicable regulations adopted by the Federal Motor Carrier Safety
Administration, U.S. Department of Transportation, or any applicable state
regulatory agency, for processing all loss and damage claims and salvage; and
ii. CARRIER’s liability for any cargo damage, loss, or theft from any cause shall be
determined under the Carmack Amendment, 49 U.S. C. §14706, except that as per
Paragraph VI(a), above, CARRIER will not limit its liability under the Carmack
Amendment; and
iii. Special Damages: CARRIER’s indemnification liability for freight loss and damage
claims under this sub paragraph shall include legal fees which shall constitute
special damages, the risk of which is expressly assumed by CARRIER, and which
shall not be limited by any liability of CARRIER.
iv. CARRIER shall be liable to BROKER for consequential damages with written
notification of the loss and its approximate financial amount if loss is due to a
service failure or damage claim caused by CARRIER, CARRIER’s employees, or
CARRIER’s subcontractors.
v. Notwithstanding the terms of 49 C.F.R. §370.9, CARRIER shall pay, decline or make
settlement offer in writing on all cargo loss or damage claims within thirty (30)
days of receipt of the claim. Failure of CARRIER to pay, decline or offer settlement
within the thirty day period shall be deemed admission by CARRIER of full liability
for the amount claimed and a material breach of this Agreement.

VII. Rates, Charges, and Payment


a. CARRIER authorizes BROKER to invoice CARRIER’s freight charges to shipper, consignee, or
third parties responsible for payment.
b. CARRIER expressly authorizes BROKER to accept payment from shippers (or others
obligated to pay) for CARRIER’s services and waives all rights to collection from shippers
(or others obligated to pay) for those services.
c. CARRIER has investigated, monitors, and agrees to conduct business hereunder based on
the credit-worthiness of BROKER and is granting BROKER credit terms accordingly.
d. BROKER agrees to conduct all billing services to shippers, consignees, or other party
responsible for payment. CARRIER shall invoice BROKER for its (CARRIER’s) charges, as
mutually agreed in writing, by fax, or by electronic means, contained in BROKER’s Load
Confirmation Sheet(s) / dispatch sheets incorporated herein by reference.
e. Additional rates, or modifications or amendments of the rates, may be established to meet
changing market conditions, shipper requirements, BROKER requirements, and/or specific
shipping schedules as mutually agreed upon, and shall be confirmed in writing (or by fax or
email) by both Parties. All rates and any such additional, modified, or amended rates, shall
automatically be incorporated herein by reference.
f. Any rate quotation must include all terms and conditions, rules, classifications, accessorial
charges, restrictions, etc., which are applicable, (subject to paragraph A.11, above). No
filed tariffs or charges shall apply to this Agreement or to any rates or charges in this
Agreement.
g. Payment: The Parties agree that BROKER is the sole party responsible for payment of
CARRIER’s charges. BROKER agrees to pay CARRIER for its services rendered hereunder,
upon written receipt of proof of delivery (bill of lading or delivery receipt) and freight bill,
in accordance with the rates set forth above, or as otherwise agreed in writing, within
thirty (30) days of receipt of CARRIER’s invoice, provided invoice and other documentation
is received not later than 60 days after date of delivery, or scheduled date of delivery of
the freight, whichever is easier, and provided CARRIER is not in default under the terms of
this Agreement. CARRIER expressly waives its rights to collection if it fails to deliver timely
invoicing and other required documentation within the 60-day period. Upon receipt of
payment of any amounts by CARRIER arising out of this Agreement, CARRIER automatically
assigns all of its rights to payment from shippers, consignees, or third parties to BROKER.
h. Except when delivery of freight is rejected by consignee(s) and stored/warehoused at
direction or approval of BROKER or Shipper, CARRIER shall neither have nor claim any lien
rights against freight transported under this Agreement. Liens for storage/warehousing
shall be limited to the freight subject of the lien. CARRIER’s lien rights shall be released
and are automatically assigned to BROKER, upon receipt of payment by CARRIER or
warehouse for any such storage/warehousing.
i. CARRIER assumes full responsibility and liability for payment of the following items: all
applicable federal, state, and local payroll taxes, taxes for unemployment insurance, old
age pensions, workers’ compensation, and social security with respect to persons engaged
in the performance of its transportation services hereunder.
j. Pricing Dispute: If CARRIER alleges underpayment of applicable freight rates and charges
by BROKER, or if BROKER alleges overcharges, over collection or receipt of duplicate
payments by CARRIER notice of such claims must be given in writing by the aggrieved Party
to the other Party within one hundred eighty (180) days after delivery or the first
attempted delivery of the involved shipment(s) by CARRIER. The Party receiving any such
claim shall process it in accordance with the provisions codified at 49 C.F.R. Part 378 as of
the Effective Date of this Agreement. Any civil or arbitration proceeding with respect to
such a claim shall be filed within eighteen (18) months after delivery or the first attempted
delivery of the involved shipment(s) by CARRIER.

VIII. Insurance
a. BROKER shall at all times maintain a surety bond in an amount no less than that required
by the FMCSA.
b. CARRIER shall maintain insurance providing thirty (30) days advance written notice of
cancellation or termination, and unless otherwise agreed, subject to the following
minimum limits, unless higher minimum limits are required by law or regulation:
i. General Liability: $1,000,000;
ii. Commercial auto, commercial motor vehicle, or motor truck liability insurance
(including hired and non-owned vehicles): $1,000,000;
iii. Cargo damage / loss: $100,000;
iv. Workers’ compensation: as required by law.
c. Nothing in this Agreement shall be construed to avoid CARRIER’s liability due to any
exclusion or deductible of any insurance policy or to limit CARRIER’s liability for
contribution and/or indemnification and defense of BROKER, or to reduce the amount
paid to BROKER as settlement of any claim.
d. Cargo coverage must be ALL Risk Cargo Insurance Coverage in an amount not less than
$100,000 per occurrence. The coverage provided under the policy shall have no exclusions
or restrictions of any type that would foreseeably preclude coverage relating to cargo
claims of shipments arranged under this Agreement.
e. If the commodity being hauled is refrigerated, refrigeration breakdown coverage will be
provided and the CARRIER will honor and abide by the servicing requirements set forth in
the insurance policy or endorsement.
f. If the commodity being hauled is on a flatbed or similar open conveyance, there shall be
no exclusion for wetness, rust corrosion, or moisture.
g. CARRIER shall automatically furnish to BROKER certificates from CARRIER’s insurers
evidencing such coverage as required under this Agreement and automatically provide a
current certificate to BROKER promptly upon expiration of the last-provided certificate.
h. The limitations of liability for cargo loss and damage as well as other liabilities arising out
of the transportation of shipments that originate outside the United States of America
may be subject to the laws of the country of origination.
i. Upon request, CARRIER’s cargo policies shall name specific shippers or BROKER as “Loss
Payee.”
j. Coverage shall remain in effect beyond the termination of this Agreement relative to any
services provided while this Agreement was in effect.
IX. Non-Exclusivity
a. CARRIER and BROKER acknowledge and agree that this contract does not bind the
respective Parties to exclusive services to each other. Either party may enter into similar
agreements with other carriers and/or brokers.

X. No Back Solicitation
a. Unless otherwise agreed in writing, CARRIER shall not directly or indirectly solicit, divert,
back-solicit or perform any freight transportation (with or without compensation) for any
customer of BROKER, when such customer(s) was serviced as a result of this Agreement.
Transportation of freight hereunder by CARRIER shall be deemed conclusive evidence of
CARRIER’s transportation service to BROKER’s customers.
b. In the event of breach of this provision, BROKER shall be entitled, for a period of 18
months following delivery of the last shipment transported by CARRIER under this
Agreement to liquidated damages in the amount of 15% of the gross transportation
revenue received by CARRIER for the transportation of said freight. Additionally, BROKER
may seek injunctive relief and, in the event BROKER is successful, CARRIER shall be liable
for all costs and expenses incurred by BROKER, including, but not limited to, reasonable
attorney’s fees.

XI. Miscellaneous
a. Waiver of Provisions: Failure of either party to enforce a breach or waiver of any provision
or term of this Agreement shall not be deemed to constitute a waiver of any subsequent
failure or breach and shall not affect or limit the right of either Party to thereafter enforce
such a term or provision. No waiver of any right, power, or privilege hereunder shall be
binding upon any Party unless in writing and signed by or on behalf of the Party against
which the waiver is asserted.
b. Default: In the event of a breach by CARRIER of any provisions of this Agreement, BROKER
shall have the right to withhold and/or set off any payments owing to CARRIER and/or
received from shippers which BROKER is obligated to pay CARRIER. BROKER’s set-off rights
include (but are not limited to) the amount of any freight damage, loss or theft claims
arising out of the transportation of freight under this Agreement by CARRIER, and which
are asserted against BROKER by shippers, consignees and/or their assignees and/or
subrogees. The right of withholding and/or setoff is not an exclusive remedy and BROKER
shall have and may exercise all other remedies it may have at law or in equity against
CARRIER. In the event of default, the non-defaulting party shall have the right to
terminate this Agreement immediately upon written notice to the other party.
c. Choice of Law: This Agreement and the relationship of the parties shall be construed
according to the laws of the State of Michigan without giving consideration to principles of
conflict of law. The Parties:
i. irrevocably consent to the jurisdiction of the United States District Court and the
State courts of Michigan;
ii. agree that any action relating to the services performed by the Parties under this
Agreement, shall only be brought in said courts;
iii. consent to the exercise of in personam jurisdiction by said courts over it, and
iv. further agree that any action to enforce a judgment may be instituted in any
jurisdiction.
d. Confidentiality:
i. The Parties hereto agree not to disclose information regarding shipments
transported pursuant to this Agreement to any person or entity not named in the
transportation documents. In particular, in addition to Confidential Information
protected by law, statutory or otherwise, the Parties agree that all of their
financial information and that of their customers, including but not limited to
freight and brokerage rates, amounts received for brokerage services, amounts of
freight charges collected, freight volume requirements shared or learned between
the Parties and their customers, shall be treated as Confidential, and shall not be
disclosed or used for any reason without prior written consent except only to the
extent necessary to complete the transportation of the shipments subject to this
Agreement or as required by law. This provision shall remain in effect for 3 (three)
years following the expiration or cancellation of this Agreement.
ii. In the event of violation of this subparagraph XI(d), the Parties agree that the
remedy at law, including monetary damages, may be inadequate and that the
Parties shall be entitled, in addition to any other remedy they may have, to an
injunction restraining the violating Party from further violation of this Agreement,
in which case the prevailing Party shall be liable for all costs and expenses
incurred, including but not limited to reasonable attorney’s fees.
e. Amendment: This Agreement shall not be amended, altered, or modified except in writing
and signed by authorized representatives of both Parties.
f. Notices:
i. All notices provided or required by this Agreement, shall be made in writing and
delivered, return receipt requested, to the addresses shown herein with postage
prepaid; or by confirmed (electronically acknowledged on paper) fax, or by email
with electronic receipt.
ii. The Parties shall promptly notify each other, in writing, of any claim that is
asserted against either of them, by anyone, arising out of this Agreement.
iii. Notices sent as required hereunder, to the addresses shown in this Agreement
shall be deemed sent to the correct address, unless the Parties are notified in
writing of any changes in address.
g. Contract Term: The term of this Agreement shall be for one (1) year from the date shown
and thereafter it shall automatically be renewed for successive one-year periods, unless
terminated upon 30 days prior written notice with or without cause, by either party at any
time, including the initial term. In the event of such termination, the Parties shall be
obligated to complete their performance obligations to each other for work in progress
and related payments.
h. Severability: In the event any of the terms of this Agreement are determined to be invalid
or unenforceable, no other terms shall be affected and the unaffected terms shall remain
valid and enforceable as written. The representations, rights, and obligations of the
Parties hereunder shall survive termination of this Agreement for any reason.
i. Counterparts: This Agreement may be executed in any number of counterparts each of
which shall be deemed to be a duplicate original hereof.
j. Force Majeure: In the event that either Party is prevented from performing its obligations
under this Agreement because of an occurrence beyond its control and arising without its
fault or negligence, including without limitation, war, riots, rebellion, acts of God,
pandemic, acts of lawful authorities, fire, strikes, lockouts or other labor disputes, such
failures to perform shall be excused for the duration of such occurrence. The Party that is
prevented from performing its obligations must take reasonable measures to remove or
mitigate the effects of the applicable cause. The running of all periods of time mentioned
herein and the performance of all obligations required herein shall be suspended during
the continuance of such interruption, and the Party that is prevented from performing its
obligations shall promptly notify the other of such interruption. Such period of suspension
shall not in any way invalidate this Agreement, but on resumption of operations, any
affected performance by such Party shall be resumed. No liability shall be incurred by
either Party for damages resulting from such suspension. Economic hardships, including,
but not limited to, recession and depression, shall not constitute Force Majeure events.
k. Assignment of Rights: Neither Party may assign its rights under this Agreement without
the non-assigning party’s written approval.
l. Entire Agreement: Unless otherwise agreed in writing, this Agreement contains the entire
understanding of the Parties and supersedes all verbal or written prior agreements,
arrangements, and understandings of the Parties relating to the subject matter stated
herein. The Parties further intend that this Agreement constitutes the complete and
exclusive statement of its terms and that no extrinsic evidence may be introduced to
reform this Agreement in any judicial or arbitration proceeding.
m. Headings: The headings set forth in this Agreement are for convenience only and shall not
be considered a part of this Agreement nor affect in any way the meaning of the terms
and provisions hereof.

IN WITNESS WHEREOF, we have signed this Agreement the date and year first shown above.
A OK TRANSPORT INC
West Michigan Transport, LLC (BROKER) CARRIER: ___________________________

By: Ben Timmerman Authorized Signature:

____________________________________

Title: President Deshawn Forest


Printed Name: _______________________

Title: _______________________________
President

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