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CASS COUNTY GOV 7012822226 06/03 '02 08:30 N0.029 04/08 4. SPECIAL TERMS AND CONDITIONS: (A) The waybill date will govern as the day on which a shipment was made. (B) Customer is responsible to ensure that load does not exceed stenciled load limit of car end that it complies with AAR general roles covering loading of commodities in closed and/or ppen cars. Shipments moving under this Contract are subject to overloading charges in applicable tariffs Jn effect on date of discovery of overload condition.. 5, QMNIBUS: Except as otherwise provided herein, transportation of Commodity(s) under this Contract will be governed by tariffs, rules and regulations, including AAR and the Uniform Freight Clas sJfieation ICC UFC 6000-Sefias (except Rules 10, 13, 24, 29 or 34 or exceptions thereto), which would apply if this Contract were not in effect. Shipments are entitled to terminal services and privileges, and are subject to the charges (including reciprocal switch charges to the extent provide in applicable tariffs, except as otherwise provided in the Attachment), allowances, rules and regulations applicable thereto, as provided in tariffs that would apply if this Contract were not in effect. Transit of any kind, inspection, diversion or reconsignment privileges, including stopping-in4ransit for completion of loading or partial unloading, do not apply, except as may be provided in the Attachment. 6. ALLOWANCE PAYMENT TERMS: Each shipment made under the Contract shall be evidenced by a bill of lading, the terms and provisions of which shall be as published in the Uniform Freight Classification, ICC UFC 6000 Series. At the time shipment is tendered, the original and all copies of the bill of lading or shipping instructions shall comain a referanee that states: "Subject to RRVW Contract ICC-RRVW-C-0337." Rates and charges prescribed herein are payable solely to Customer in U.S. funds and will apply in addition to all other demurrage or accessorial charges applicable at or between origin(s) and Destination(s) on trafi] c covered hereby. No party may assign this Contract without the prior written censent of the other party(s), except that no such consent will be required where assignment is to a successor in interest cfa part or all of the assets of such party by way of merger, consolidation or sale of substantially all of its assets, divestiture pursuant to an order or decree of a court, or similar corporate reorganization. Subject to the provisions of this section, this Contract shall bind and insure to the benefit of the parties, their successors and assigns. 2