MOTOR CARRIER hereby represents and agrees that in no action or dispute involving MOTOR CARRIER and shipper, whether individually or jointly with others, shall MOTOR CARRIER raise or continue any claim or defense based upon an allegation that EDS’s acts or representations relating to all or any portion of any agreement coordinated with shipper by EDS as agent for MOTOR CARRIER exceeded the scope of the authority delegated to EDS by MOTOR CARRIER and, thus, are unenforceable.
This Designation of Agent and Express Grant of Power shall remain in full force and effect, and shipper may rely upon it, unless revoked by MOTOR CARRIER in writing containing the representation that a copy has been simultaneously delivered by MOTOR CARRIER to EDS. Such notice shall not, however, revoke EDS’s power and authority to invoice and collect transportation charges in the name of MOTOR CARRIER with respect to services performed by MOTOR CARRIER on shipments tendered by shipper and received by MOTOR CARRIER prior to the date of shipper’s receipt of said notice.