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TAXICAB AGREEMENT. This Agreement, entered into on: ADDRESS: HOME PHONE #: CELL PHONE #:

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TAXICAB AGREEMENT This Agreement, entered into on: Between: DATE: DRIVER: (hereafter referred to as OPERATOR ) ADDRESS: HOME PHONE #: CELL PHONE #: AND: M & R TAXI COMPANY, INC., whose address is 1115
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TAXICAB AGREEMENT This Agreement, entered into on: Between: DATE: DRIVER: (hereafter referred to as OPERATOR ) ADDRESS: HOME PHONE #: CELL PHONE #: AND: M & R TAXI COMPANY, INC., whose address is 1115 West Broad Street, Falls Church, Virginia (hereafter referred to as COMPANY ) WITNESSTH: WHEREAS, COMPANY is engaged in the performance of a taxicab dispatch service and holds Certificate of Public Convenience and Necessity issued by Arlington County, Virginia, authorizing the operation of 166 taxicabs; and WHEREAS, OPERATOR owns and operates a passenger motor vehicle suitable for the transportation of passengers and desires to operate same or to have same operated, as a taxicab for hire under COMPANY'S authority; NOW THEREFORE, in consideration of the mutual independent convenants and conditions hereinafter stated, it is hereby agreed by and between OPERATOR and COMPANY, for and during the term hereinafter stated and any extensions therefore, as follows: 1. COMMENCEMENT AND TERMINATION. This agreement shall be in force for days. For purpose of this Agreement, commencement revolves weekly, starting on the next Monday and ending on the following Saturday. Thereafter unless terminated as follows: (a) (b) Either party may terminate this Agreement without cause upon not less than ( ) days written notice mailed to the last known address of the other, prior to the expiration of the term of this agreement or any extended term thereof; Should OPERATOR become insolvent or make a general assignment for the benefit of creditors or should a receiver be appointed for him, or should OPERATOR seek relief under any bankruptcy or similar statute, or be deemed financially insecure respecting OPERATOR'S finance or operations 1 hereunder, this Agreement may be terminated by the COMPANY, without notice, immediately upon the occurrence of any such events; (c) (d) (e) (f) (g) (h) (i) (j) Should OPERATOR'S motor vehicle operator's permit(s) issued by the Commonwealth of Virginia or Public Vehicle Driver's Licenses issued by the County of Arlington be revoked or suspended, this Agreement may be terminated by COMPANY without notice upon the occurrence of such event; This Agreement shall terminate forthwith upon any attempted assignment hereof by OPERATOR, whether voluntary, by operation of the law otherwise without prior written approval of such assignment by COMPANY; Notwithstanding the provisions of items (a) above, in the event of any breach of the terms, provisions, conditions or covenants of this Agreement by OPERATOR, COMPANY may, at its option and without prior notice, terminate the Agreement upon occurrence thereof; Neither party shall be relieved of any obligation imposed upon it during the effective period of this Agreement by termination or cancellation thereof; Upon receipt of any notice of termination from COMPANY, OPERATOR, shall immediately discontinue all operations under this Agreement, shall forthwith return to COMPANY'S premises, or at such other location as may be designated by COMPANY, any equipment covered hereunder including but not limited to two-way radio transceivers, Centrodyne 620 print meter, Credit Card Swipe machine, dome lights, trademarks, trade names and insignia furnished by COMPANY in OPERATOR'S possession; Should OPERATOR fail or refuse to make the aforesaid delivery to COMPANY'S premises or other designated location, OPERATOR, shall pay to COMPANY forthwith upon written demand all costs and expenses (including reasonable attorney's fees) of COMPANY in affecting the aforesaid return of such equipment and documents to COMPANY'S premises or to such other location as may have been designated by COMPANY; It is agreed that upon termination of this Agreement, OPERATOR shall remove immediately thereupon at OPERATOR'S expense all COMPANY symbols, insignias, logos and trade identification colors and color combinations which may have been affixed thereon; Upon termination of this Agreement, OPERATOR hereby expressly authorizes COMPANY and its authorized agents and employees to seize OPERATOR'S automobile and tow same to the office of the COMPANY to remove those items set forth in sub-paragraph 1-(g), upon OPERATOR'S failure to return the same to COMPANY, and hold harmless, its agents, 2 servants and employees from any claims, loss, damage, expense, attorneys fees and costs arising out of the exercise of the rights contained herein. (k) In case COMPANY terminates the contract of OPERATOR, or requires OPERATOR to sell OPERATOR s vehicle for violations of any Ordinance or Code of any locality, any convictions of any felony or misdemeanor, having their driver s license suspended or revoked, having their taxi license suspended or revoked, having their green card or work visa suspended or revoked, multiple violations of the motor vehicle laws of any jurisdiction, or repeated customer complaints, OPERATOR shall have the right to have said termination reviewed by a Hearing Examiner appointed by COMPANY who shall be known as the Hearing Director. Said review shall occur within a reasonable amount of time after the termination or required sale by COMPANY management, and all decisions by the Hearing Director shall be final. During this time between the letter of termination and the hearing, OPERATOR shall not work. If OPERATOR does work during the time between original termination and the appeal handled by the Hearing Director, OPERATOR shall have his/her contract terminated with no right to recourse. 2. RELATIONSHIP. The parties intended to create by this Agreement the relationship of an Independent Contractor and not an employer-employee relationship. Any doubt as to the construction of this Agreement shall be resolved in order to maintain OPERATOR'S status as an Independent Contractor. Neither OPERATOR'S employees are to be considered to be employees of COMPANY insofar as the subject matter of this Agreement for any purpose whatsoever. Nothing contained in this Agreement shall be deemed to create an agency, joint venture, partnership or any other legal relationship except that of Principal and Independent Contractor. OPERATOR shall not be treated as an employee with respect to this Agreement for purpose of the Federal Unemployment Tax Act, and the income tax withholding and Workman's Compensation statutes or in any other respect. OPERATOR is not authorized to represent the COMPANY or act on behalf of the COMPANY under any circumstances. 3. ASSIGNMENT OF VEHICLE NUMBER. For the term of this Agreement and any extensions thereof, COMPANY hereby assigns to OPERATOR vehicle number # under COMPANY'S Certificate of Public Convenience and Necessity issued by Arlington County, Virginia. OPERATOR understands that he/she is not owner of the certificate, that the certificate is the property of COMPANY. 4. SALE OF VEHICLE. OPERATOR does hereby agree to pay to COMPANY the amount of Dollars ($ ) in the event that OPERATOR wishes to sell his/her vehicle. This processing fee shall help defray costs of paperwork that COMPANY must perform upon sale of the taxicab. COMPANY MUST APPROVE EACH SALE OF THE VEHICLE and OPERATOR understands that COMPANY shall not negotiate a price between either the current OPERATOR or the new OPERATOR. 5. DISPATCHING SERVICE AND TELEPHONE LISTING. COMPANY shall provide OPERATOR a radio dispatching service three hundred sixty-five (365) days per year, twentyfour (24) hours per day including advertising and telephone lines related thereto. 3 6. USE OF TRADE NAME, TRADEMARK AND COMPANY EQUIPMENT. COMPANY hereby grants to OPERATOR, the right to use the trademark, trade name, insignia, COMPANY colors and color combination, dome light and two-way radio transceiver Serial Number, all owned by COMPANY for use in or on the motor vehicle(s) owned by OPERATOR. 7. REQUIRED DEPOSIT. OPERATOR shall deposit the sum of Dollars ($ ) upon the signing of this Agreement which deposit shall not bear interest and shall be returned to OPERATOR after 3 months when the items of COMPANY - owned equipment set forth in Paragraph 5 above are returned to COMPANY in good working order. OPERATOR agrees with COMPANY that the aggregate value of these items is Dollars($ ) and that this is the true value of these items. 8. FEES. As consideration for the provision by COMPANY of dispatching services, use of COMPANY S trademark, trade name, insignia, colors and color combinations, COMPANY equipment, and assignment to OPERATOR of the aforesaid vehicle number(s) under COMPANY'S Certificate of Public Convenience and Necessity issued by Arlington County, Virginia, OPERATOR shall pay to COMPANY, a weekly fee of dollars ($ ) on each and every assigned day during the term of this Agreement as Stand Dues. In the event this Agreement is terminated for any reason whatsoever before termination date, the weekly fee will not be prorated. It is acknowledged by OPERATOR that stand dues can be raised on any renewal date upon thirty (30) days notice to OPERATOR. OPERATOR also understands if he/she is purchasing said vehicle from a previous operator, that OPERATOR and previous OPERATOR shall be responsible for a Dollar ($ ) cash processing fee to be paid upon the sale and transfer of ownership of vehicle. Any new certificate issued to an OPERATOR or any certificate issued to Operator which does not include a transfer or sale of vehicle, OPERATOR shall be responsible for a processing fee in the amount of Dollars ($ ). 9. MAINTENANCE AND OPERATION OF MOTOR VEHICLE EQUIPMENT. OPERATOR represents and warrants that the motor vehicle equipment operated by him/her is now in good mechanical condition and repair and meets the requirements of the applicable state and local agencies, or other regulatory bodies. OPERATOR agrees to display on its motor vehicle equipment COMPANY'S trademark, trade name and insignia, the COMPANY'S colors and color combinations and dome light when performing for hire taxicab operations during the duration of this Agreement and any extensions thereof. OPERATOR agrees that all such items now and hereafter owned or used by the COMPANY, are solely and exclusively the property of COMPANY and that the same may be affixed on said OPERATOR'S motor vehicle equipment and to carry there on and maintain properly all safety equipment and accessories as may be required by applicable federal, state and local law regulations. OPERATOR shall not have any two-way radios in the vehicle other than that provided by COMPANY. 4 10. MOTOR VEHICLE OPERATING EXPENSES AND REQUIREMENTS. OPERATOR agrees to assume responsibility for and to pay all operating costs and expenses incident to the operations of its motor vehicle equipment. OPERATOR agrees to pay all normal business costs associated with such operation, including, but not limited to all licensing fees and other fees assessed by the County of Arlington, Virginia, cost of hire tags, cost of meter service upgrades and replacement, cost of county identification cards, and Virginia State Corporation Commission stickers evidencing that each motor vehicle is insured in accordance with the Commonwealth of Virginia. OPERATOR further agrees to pay all fines assessed against the motor vehicle, its driver, or its operations. 11. INSURANCE. During the term of this Agreement, the OPERATOR agrees to provide and maintain at his sole expense with COMPANY as an additional named insured, automobile and/or public liability and property damage insurance in the minimum amount of $ per person, $ per accident, and $ property damage, covering bodily injury, sickness or disease, including death, and damages to property. OPERATOR shall supply COMPANY with certificates of said insurance, with COMPANY being named as an additional insured, and with the requirement that COMPANY is given thirty (30) days notice prior to the cancellation. Prior to employing and driving, OPERATOR will supply COMPANY with certificates of insurance in the amounts specified immediately above evidencing dual-driver coverage prior to permitting anyone other than OPERATOR to operate a taxicab under the terms of this agreement. OPERATOR does hereby agree that he or she shall purchase insurance from an insurance company licensed to do business in the Commonwealth of Virginia, with a rating of B+ or better. OPERATOR agrees that he/she will report or cause to be reported to COMPANY, by telephone or in person, immediately after the occurrence of or when accused of being involved in or contributing to, any accident, injury or property damage of any nature. Should COMPANY sustain any damage as a result of OPERATOR'S failure to report such an occurrence as provided for in this paragraph, such loss of damage will be borne by OPERATOR. Upon cancellation of said policy, this Agreement shall automatically terminate and OPERATOR shall cease the operation of said taxicab until adequate insurance is obtained. 12. WORKMAN'S COMPENSATION AND TAXES. (a) OPERATOR agrees to assume responsibility for and to purchase, maintain and keep in force Workman's Compensation and his employer's liability insurance at his own expense, for his own benefit and drivers and/or helpers employed by him, in such scope, amount and form of coverage as is satisfactory to COMPANY and to provide COMPANY with evidence of said protection. (b) OPERATOR shall comply with all laws relating to employment of personnel, including, but not limited to, social security, unemployment insurance, withholding taxes, disability benefits and the like and shall indemnify COMPANY against all liability for his failure to do so. (c) OPERATOR further agrees to assume responsibility for, and pay as to said helpers or drivers any and all Social Security, income withholding and other like taxes and liabilities, where applicable. 13. DRIVING OF MOTOR VEHICLE. OPERATOR agrees to personally drive and operate said motor vehicle equipment, or in case of an emergency, OPERATOR may have said vehicle driven and operated by qualified driver up to twelve weeks if approved by COMPANY. A qualified driver is hereby defined as a person not only holding a Valid operator's permit required by Commonwealth of Virginia, and a valid Arlington County Public Vehicle Driver's License, but must be approved by COMPANY. In the case of dual-driver insurance, COMPANY has the 5 final say as to whether said driver may drive vehicle, and COMPANY may refuse to allow any second driver to operate said vehicle at its discretion and reserves the right to terminate the right of dual driver at its discretion. 14. DIRECTION AND CONTROL OF OPERATOR. OPERATOR, except as may be required by applicable law and regulations will direct the operations of said vehicle equipment in all respects and will determine the method, means and manner of performance including but not limited to the discharge of drivers hired by OPERATOR. If in case OPERATOR needs to have a second driver sub-lease OPERATOR'S vehicle, COMPANY shall charge the amount of dollars per week ($ ) which shall be called a Second Driver Fee and the charges of which shall help to defray paperwork cost of COMPANY. 15. PERFORMANCE. The OPERATOR shall operate said motor vehicle equipment in a safe and workmanlike manner with due regard to safety, comfort and convenience of passengers and the general public. In the event that any person shall assert any claim arising from the alleged failure of the OPERATOR or its agents, servants, employees or equipment to properly perform pursuant to this Agreement, then the OPERATOR shall save COMPANY harmless for such claim naming COMPANY as a defendant is brought, the OPERATOR shall defend COMPANY in said action. However, COMPANY shall have the right to associate its counsel with counsel for the OPERATOR. In the event that the OPERATOR shall not defend such action as agreed, and such failure to defend could result in a judgment being rendered against COMPANY, the COMPANY shall have the right to have its own attorney defend said action and the OPERATOR shall reimburse COMPANY for all costs and expenses including reasonable attorney's fees. 16. COMPLIANCE WITH LAWS AND ORDINANCES. OPERATOR and any driver employed by OPERATOR shall operate its motor vehicle in accordance with the laws of the Commonwealth of Virginia, the provisions of the Arlington County Taxicab Ordinance, and any other applicable ordinances of the Commonwealth and county surrounding jurisdictions. OPERATOR must transport each and every orderly passenger regardless to race, sex, creed, or other origin. If OPERATOR refuses to transport any orderly passenger, OPERATOR does understand that he/she shall be subject to immediate termination of this contract. 17. INDEMNIFICATION. OPERATOR assumes complete responsibility for the operation of the motor vehicle equipment in performing taxicab services hereunder and agrees to indemnify and hold COMPANY harmless and against all claims, demands, liabilities, suites, judgments, awards, damages, losses, expenses, causes of action at law or in equity which are occasioned by or arise out of the operation, handling or transportation performed during the term of this lease or renewal thereof. That the OPERATOR shall indemnify COMPANY includes but is not limited to: (a) reasonable attorney's fees and cost and expenses litigation; (b) injury or damage to or loss of any property, including OPERATOR'S equipment; (c) injury, or death of any person; (d) theft, destruction or vandalism of OPERATOR'S motor vehicle; and (e) violations of any laws, ordinances, or regulations. 18. ACCIDENTS. OPERATOR agrees to report to COMPANY any and all collisions in which said motor vehicle is involved any and all damages or vandalism in which said motor vehicle is involved. OPERATOR also agrees to fill out an accident report with COMPANY and to give COMPANY any and all access to other documents as deemed necessary by COMPANY. 6 19. NOTICE OF CLAIM. If claim is made or suit is brought against OPERATOR arising out of OPERATOR'S operation under this Agreement, OPERATOR agrees to forward immediately to COMPANY every demand, notice, summons or other process received by OPERATOR or OPERATOR'S representatives. 20. ASSISTANCE AND COOPERATION OF OPERATOR. OPERATOR agrees upon request, to cooperate with COMPANY in the event of claim or suit with reference to attendance at hearing and assisting in effecting settlements, securing evidence, obtaining the attendance of witnesses, in the conduct of suits. 21. ATTORNEY'S FEES. In the event that COMPANY shall be required to institute or defend any action or equity brought against or by OPERATOR and arising out of this Agreement, OPERATOR agrees to pay such amounts as the court shall determine as and for reasonable attorney's fees for COMPANY in or defending such action or suit. 22. PRONOUNS. The pronouns used herein when referring to the OPERATOR shall be lawful and binding regardless of whether the OPERATOR is a partnership, firm, corporation, or individual. 23. ALTERNATE FUELS. Effective January 1, 2009, any taxicab being replaced in service shall be either a hybrid vehicle or run on an alternate fuel (propane or compressed natural gasoline), with hybrid being defined as any vehicle that runs on a mixture of gasoline and electric sources . 24. COMPANY OFFICE OPERATIONS. The company reserves the right to charge a late fee per week in the amount of $ if stand dues balances are not paid in full by close of the cashier office on the OPERTOR'S specific day. Odd number OPERATORS must be paid in full by the close of business on Thursday of each week. Even number OPERATORS must be paid in full by the close of business on Friday of each week. Any credit card changes obtained by the OPERATOR will not be accepted for payment by the COMPANY if the charge is a month or more over the date of original transaction, or if the slip is not signed by the customer. Corporate vouchers or charge slips authorized by COMPANY for the use of those corporations to charge rendered taxi service shall be accep
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