- 74 - 274(n) limitation”. Regardless of what TLC’s practice and intention with respect to the section 274(n)(1) limitation might have been, that practice and that intention were not made part of the exclusive lease agreement between TLC and each trucking company client. Indeed, the Court in Transport Labor I found (1) that there were no agreements between TLC and any trucking company client other than the agreement set forth in the exclusive lease agreement and (2) that the exclusive lease agreement was silent as to the section 274(n)(1) limitation. Id. at 159 n.9, 171 n.20. If there had been an agreement that each trucking company client was to be subject to the section 274(n)(1) limitation, such agreement would have been reflected in the exclusive lease agreement that TLC entered into with each trucking company client or some other written document signed by each such trucking company client.49 Petitioner asserts that the Court disregarded Mr. DeBerg’s 49Sec. fifteen of each exclusive lease agreement provides: No waiver or modification of this Agreement or of any covenant, condition or limitation herein contained shall be valid unless in writing and duly executed by the party to be charged therewith, and no evidence of any waiver or modification shall be offered or received in evidence of any proceeding, arbitration or litiga- tion between the parties hereto arising out of or affecting this Agreement, or the rights or obligations of the parties, hereunder unless such waiver or modifi- cation is in writing, duly executed as aforesaid, and the parties further agree that the provisions of this Section may not be waived except as herein set forth.Page: Previous 64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 79 80 81 82 83 Next
Last modified: May 25, 2011