If a court of competent jurisdiction finds that any provision of these Terms and Conditions is invalid or unenforceable, such provision will be ineffective as to such jurisdiction, without invalidating the remaining provisions of these Terms and Conditions or affecting the validity or enforceability of such provision in any other jurisdiction. Furthermore, if such provision could be more narrowly drawn so as not to be invalid or unenforceable in such jurisdiction, it will be so narrowly drawn as to such jurisdiction, without invalidating the remaining provisions of these Terms and Conditions or affecting the validity or enforceability of such provision or any other provision in any other jurisdiction.

A failure by PGL to enforce strictly any provision of this Terms and Conditions will not be construed to be a waiver of that provision or as excusing future performance in accordance with the provisions of these Terms and Conditions.

All remedies hereunder are cumulative, are in addition to any other remedies provided for by law or in equity, and, to the extent permitted by law, may be exercised concurrently or separately, and the exercise of any one remedy will not be deemed to be an election of such remedy or to preclude the exercise of any other remedy. Without limiting the generality of the foregoing, PGL’s assessment or collection of an administrative charge or other fee set forth in these Terms and Conditions will not affect or limit PGL’s right to exercise any other right and remedy.

PGL may change or replace these Terms and Conditions from time to time without advance notice by posting the revised Circular on our website. Customers are advised that the terms, conditions, charges and services on the date of tender of the shipment will apply and will have a continuing obligation to obtain and be aware of the version of these Terms and Conditions in effect on the date of tender. The current version of these Terms and Conditions may be obtained from your customer solutions team or from our website at www.pacerglobal.com.

Other than changes to these Terms and Conditions by PGL, these Terms and Conditions may be amended, modified, waived, or varied only through a written agreement signed by a duly authorized representative of PGL.

Specific provisions in these Terms and Conditions take precedence over general provisions. The use in these Terms and Conditions of the term “including” means in every instance “including, but not limited to.” The headings in these Terms and Conditions are for convenience of reference only and will not govern or affect the interpretation of any of the provisions of these Terms and Conditions. Terms used in the plural will include the singular and vice versa.

Except as otherwise agreed by PGL in a writing signed by its authorized representative, any dispute arising in connection with the transportation and other services provided by PGL will be governed by and interpreted in accordance with federal transportation laws, rules and regulations and to the extent not in preempted, the laws of the State of Ohio, without giving effect to any choice or conflict of law rules.