For the conditions of this item only, the term “Customer” shall include third party payor, in addition to the consignor (shipper) and consignee.

Customer and ABF, to the extent of their negligence, shall indemnify, defend and hold the other party harmless from and against all direct and valid losses, damages, liabilities, fines, actions and claims for injury to persons and damage to property (including other shipper’s cargo, but excluding Customer’s cargo), to the extent caused by their negligent acts or omissions in connection with their performance in each instance of transportation, including all direct losses or damages to any property or injury to persons from the party’s failure to comply with any applicable laws and regulations concerning the transportation of hazardous materials. Customer shall indemnify ABF under this provision in the event that Customer tenders to ABF any prohibited item for shipment. The party claiming indemnification must provide the indemnifying party with written notice of its indemnification claim in time to contest the determination of any liability and prior to any admittance of any liability, damages, settlement, compromise or discharge of any matter by the party claiming indemnification, and allow reasonable access to any information pertaining to the claim. The indemnifying party or its insurer(s) shall have the right to defend or resolve any claim which may be brought by a third party which a party requests indemnification.