Peno Trucking, Incorporated - Page 6




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               Peno Trucking Inc. and Operator agree and understand                   
               that Operator is not an employee or agent of Peno                      
               Trucking Inc. Operator is an independent contractor and                
               Peno Trucking Inc. shall not direct in any manner the                  
               means or method by which Operator shall perform his                    
               occupation. Operator understands that Peno Trucking                    
               Inc. from time to time contracts with other persons or                 
               corporations, to transport goods via Peno Trucking Inc.                
               trucks and equipment. While not an employee of such                    
               other persons or corporations, Operator shall, at all                  
               times applicable hereto, work at the direction and                     
               control of such persons or corporations.                               
               Peno Trucking Inc. agrees to pay Operator at the                       
               percentage of * * * per total gross pay per load.                      
               Additionally, Peno Trucking Inc. shall be responsible                  
               for all maintenance of Peno Trucking Inc. equipment,                   
               all fuel, oil, tolls, permits, and road fuel taxes                     
               incurred by Operator on such dispatched trips in Peno                  
               Trucking Inc. equipment.                                               
                                                                                     
               Operator agrees and understands that he is solely                      
               responsible for payment of all income and withholding                  
               taxes, Social Security and unemployment compensation.                  
               In accordance with the terms of this agreement, Peno                   
               Trucking Inc. will supply Operator with an IRS Form                    
               1099 at the end of each calendar year.                                 
               Operator understands and agrees that he cannot                         
               obligate, contract or incur any indebtedness on behalf                 
               of Peno Trucking Inc.                                                  
               Petitioner’s drivers were not obligated to accept                      
          petitioner’s request to transport a load, to work on any                    
          particular day, or work any particular schedule.  If a driver               
          chose not to haul a load or work for a period of time, he or she            
          was not disciplined or sanctioned.  Petitioner and the drivers              
          were entitled to terminate their relationship at any time.                  
               Petitioner provided all necessary equipment required to                
          secure the cargo hauled on its trucks.  However, petitioner’s               







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Last modified: November 10, 2007