1. CAST agrees to provide transportation and related services on Shipper's/Consignee's behalf subject to the terms and conditions setforth below as well as the terms and conditions set forth in CAST's applicable tariff(s) in effect on the date the shipment(s) are tendered to CAST by Shipper/Consignee's for transport. In the event of any conflict between the provisions of CAST's applicable tariff(s) and the terms and conditions of this Agreement, the terms of this Agreement shall prevail. CAST agrees to provide Shipper/Consignee with a written or electronic copy of its then current applicable tariff(s) upon request of Shipper/Consignee.

2. In the event Shipper/Consignee tenders shipments for transport by CAST in interstate commerce, the parties acknowledge that this Agreement is intended to create a continuing contract covering a series of shipments and that the services to be provided by CAST are designed to satisfy Shipper/Consignee's distinct transportation needs. In this regard, the parties further acknowledge that it is their specific intent that this Agreement shall satisfy the requirements of 49 U.S.C. Sections 10102(16) and 10702(c) dealing with contract carriage and the execution of motor transportation contracts.

3. Neither party shall be liable to perform service under the terms of this Agreement when such failure is due to acts of God, strikes, lockouts, industrial disputes or disturbances, civil disturbances, interruption by Government or court order, acts of public enemy, riots or other such events not reasonably within the control of either party hereto.

4. Shipper/Consignee agrees to pay CAST's transportation and related charges within fifteen (15) days of the date CAST invoices Shipper/Consignee for such charges. Payments not made within such time will accrue Interest at the rate of 1 1/2% per month (annual percentage rate 18%). If CAST is required to initiate legal action to collect its charges, it shall be entitled to collect its reasonable attorney's fees and costs from Shipper/Consignee.

5. Shipper/Consignee acknowledges its authority to act as agent for the shipper, consignee or owner of the cargo to be transported by CAST hereunder in the event Shipper/Consignee is acting as a broker, freight forwarder or other third party intermediary. In the event Shipper/Consignee falls to pay CAST's transportation and related charges, Shipper/Consignee further acknowledges CAST's right to recover such charges from the shipper, consignee or owner of the cargo for whom CAST's transportation services were provided.

6. CAST shall be responsible for any loss, shortage or damage to cargo if the loss, shortage or damage is caused by CAST's negligence. Unless released to CAST at a lower value, CAST's liability shall be for Shipper's/Consignee's invoice cost of the lost damaged, or shorted item(s), less any salvage value. Where a lower value than the Invoice cost of the cargo has been stated in writing by the Shipper/Consignee or has otherwise been agreed upon in writing as the released value of the cargo, such lower value shall be the maximum recoverable amount for loss, shortage or damage. CAST's liability for loss,
shortage or damage Is specifically conditioned upon the filing, by Shipper/Consignee, of a written claim with CAST within thirty (30) days of the date the cargo In question was tendered to CAST for transport. In no event shall CAST be liable for any incldental, consequential or special damages and/or late delivery damages.

7. CAST agrees to obtain and maintain in effect bodily injury, property damage, and cargo insurance In compliance with the regulations of the Interstate Commerce Commission (ICC), the United States Department of Transportation (DOT), and any state regulatory agency having jurisdiction over the transportation service provided by CAST.

8. In the event a bill of lading is issued in connection with a particular shipment transported by CAST under the terms of this Agreement, the parties expressly agree that such bill of lading shall serve as a written receipt for the commodities listed therein and as evidence of CAST's acceptance of the shipment(s) tendered for transportation. ln the event of any conflict between the terms of such bill of lading and the terms of this Agreement or the terms of CAST's then current applicable tariff(s), the terms of this Agreement and/or the terms of CAST's then current applicable tariff(s) shall prevail.

9. CAST shall have a lien on any shipment(s) tendered to it for transport by Shipper or on Shipper's/Consignee's behalf for all sums due and payable to CAST Consignee for its transportation services.

10. Shipper/consignee shall have no right to offset claims for loss or damage to freight transported hereunder against any transportation or related charges owed to CAST by Shipper/Consignee.

11. CAST and Shipper/Consignee hereby agree to indemnify and hold the other harmless from and against all claims, demands, liabilities, suits or actions caused by or resulting from their respective negligent actions or omissions or the negligent actions or omissions of others acting at their instance in the performance of the services being provided under this Agreement.

12. This Agreement may only be modified by a written instrument signed by the parties hereto or, as applicable, CAST's then effective tariff(s). This Agreement shall be governed by and construed in accordance with the laws of the State of Colorado, and shall be deemed to have been entered into in the City and County of Denver, Colorado. The parties agree that exclusive jurisdiction and venue for any legal action arising out of or relating to this Agreement shall be in the Courts for the City and County of Denver, State of Colorado.