Transport Labor Contract/Leasing, Inc. & Subsidiaries - Page 12

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               that part of Lessor’s payroll attributable to Lessee                   
               herein and the parties hereto recognize and understand                 
               such amount may fluctuate from time to time.  In this                  
               respect, the deposit amount shall be reviewed semi-                    
               annually and the amount of the required deposit shall                  
               be renegotiated and mutually agreed upon. * * *                        
                         COMPENSATION: As and for the services to be                  
               provided by Lessor to Lessee herein, Lessor shall be                   
               compensated as follows:  On (day of the week) * * *                    
               starting Mo. * * * Day * * *, * * *, and on that same                  
               day of the week every * * * thereafter during the term                 
               of this Agreement, Lessee shall submit to Lessor its                   
               records reflecting the services provided to it by                      
               Lessor’s driver in the form of hours driven, miles                     
               driven or a percent of Lessee’s gross revenues attrib-                 
               utable to the services provided to Lessee by Lessor’s                  
               driver(s).  Simultaneously with the delivery of such                   
               verified records, Lessee shall deliver to Lessor pay-                  
               ment for the amount of compensation payable to Lessor                  
               in the form of bank certified funds and in accordance                  
               with the compensation schedule as reflected on Exhibit                 
               A which is attached hereto and incorporated semi-annu-                 
               ally from and after the date of the Agreement and the                  
               compensation schedule shall be mutually agreed upon,                   
               initialed by the parties, and attached to this Agree-                  
               ment.                                                                  
                                     SECTION SIX                                      
                      ADVANCES BY LESSEE TO LESSOR’S EMPLOYEES                        
                    If Lessee advances cash or credit to Lessor’s                     
               driver(s) for fuel, repairs or other transportation                    
               operational expenses, Lessee shall immediately furnish                 
               Lessor with written verified disclosure thereof.  If                   
               such advances are not actually expended by Lessor’s                    
               driver(s) for such purposes, and the extent such funds                 
               are not returned to Lessee by Lessor’s driver(s),                      
               Lessee shall deliver to Lessor a written claim there-                  
               fore within fourteen (14) days of the date Lessee had                  
               knowledge of the fact that the funds or credit were not                
               actually expended by Lessor’s driver(s) and were re-                   
               tained by such driver(s).  Lessor shall deduct advances                
               from the particular driver(s) next payroll check.                      
               Provided, however, that Lessor’s obligation and duty to                
               reimburse Lessee shall be limited to the extent the                    
               reimbursable amount shall not exceed the net wages,                    
               after all Lessor’s payroll deductions, due the particu-                





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Last modified: May 25, 2011