Under the rules and regulations of AAR, the Department of Transportation, and applicable local, state and federal laws, a Shipper is legally bound to adhere to the provisions of the BOE6000/ US DOT 49CFR (Code of Federal Regulations) for US shipments. Shipper must also comply with TDG (Transport of Dangerous Goods) regulations for Canadian shipments. In addition, all provisions of any carrier's rules circulars, directives, memoranda, the contract provisions furnished herewith, and all other documents pertaining to the transportation of any cargo, including explosives, dangerous articles, and other hazardous materials are binding on Shipper. The rail carrier has no liability for, or in connection with any damages incurred as a result of transporting hazardous materials, including damages resulting from any accident, leakage, or spillage of such materials, clean-up costs or damages claimed by third parties, if such hazardous materials are not declared in the shipping instructions or which are not correctly identified or certified pursuant to the rules of the underlying carrier(s). RBL, as agent and nominee, shall have no liability in connection with the transportation, and all obligations under the above-referenced documentation shall be borne by Shipper, who shall defend, indemnify and hold harmless RBL, its parent and affiliates including attorney's fees, from any liability arising from any actions or transactions of any Shipper or any customers or principal of Shipper or anyone acting for Shipper.
Additionally, the Shipper shall be responsible for any fees levied by the rail carrier or other party if such hazardous materials are not declared in the shipping instructions or which are not correctly identified or placarded and prepared for transport and certified pursuant to the rules of the underlying carrier(s).