### BEFORE THE

DEPARTMENT OF TRANSPORTATION
WASHINGTON, DOC.

_________________ ______________

Agreements Adopted by the Traffic

Conferences of the Interna tional Docket OSTAir Transport Association

_________________ ______________

APPLICATION FOR APPRO VAL OF AGREEMENTS

BY THE

INTERNATIONAL AIR TRANSPORT ASSOCIATION

30 August 2010

Communications with respect to

this document should be sent to:

Douglas Lavin Regional Vice President – North America International Air Transport Association

1776 K St. N.W. #12 th 

### Floor Washington, D.C. 20006
(202)293-9292

### Summary DOCKET: OST- DOT ORDER: pending

Date: 30 August 2010 Filing fee/IATA Acct: $183 – CAR003CA01

US/UST involved?: yes Intended effective date: 1 October 2010 Meeting date/time: CSC Mail Vote (S069, S070, 071) dated 4 August 2010 Agreement/Minutes: Finally Adopted Resolution 600i, Recommended Practice 1601,

and Recommended Practice 1670

APPLICATION FOR APPR OVAL OF AGREEMENT

Pursuant to statements subm itted by Member airlines of th e International Air Transport Association (IATA), th e undersigned has been cons tituted to be their attorney -in-fact for filing with the Department of Transportation copies of agreem ents adopted by the IATA Traffic Conferences.

On their behalf, and pursuant to Secti ons 41308 and 41309 of Title 49 of the United States Code and Parts 303.03, 303.05 and 303.30(c) of Title 14 of the Code of Federal Regulations, I am filing with the Department this application for approval of an IATA

agreement.

This agreement and related f actual and explanatory material s and documentation required by 14 C.F.R. 303.31 and Department and Civ il Aeronautics Board (CAB) precedent are

contained in the IATA Traffic Conf erence documentation summarized above.

This agreement arises from the continui ng process of Services Conferences through

which IATA Member airlines establish standard ized facilitation arrangements intended to ease international air transportation and interline procedures. This agreement was developed in the context of prior Department and CAB ruling a ddressing related agreements which reflected regulatory and market conditions then in e ffect. The present agreement, which makes amendments to the framework agreements form ing the charter for ongoing facilitation programs or creates new agreements pursuant to that framework, should be viewed as part of a dynamic process of IATA Member airline adjustme nt to governmental and economic factors.

On previous occasions, the Departme nt and CAB have found these framework agreements to be consistent with the public inte rest. The present agreement does not impair the previous bases for approval and themselves are not adverse to the public interest. Moreover, approval of this agreement, which reflects compromises among the differing economic and social philosophies of the many nations whose airlines are parties, will advance the public interest in maintaining good aviation relations with other countries.

We request early approval by the Departme nt pursuant to 49 U.S.C. 41309 and the grant of full antritrust immunity pursuant to 49 U.S.C. 41308. The conferral of full antitrust immunity would be in the public interest and necessary for the transaction to proceed. This agreement is a product of the IATA Services Conferences whic h the Department found to be anticompetitive

### but nevertheless approved and im munized in Order 85-5-32 (May 6, 1985) on foreign policy and comity grounds.

The agreement embodies amendments to serv ices resolutions/recommended practices that have been previously approved and immuni zed or creates new resolutions/recommended practices pursuant to the framework forming the charter for ongoing facilitation programs. Therefore, consistent with the Department’s policy of immunizing amendments coextensively with the underlying agreement, the subj ect agreement should be granted immunity.

Respectfully submitted:

_____________________________ Douglas Lavin Regional Vice President – North America International Air Transport Association Attorney-in-fact

### CERTIFICATE OF SERVICE

A copy of this application or a summary notice th ereof has been served by first class or priority mail on the following persons:

US DEPARTMENT OF JUSTICE
450 5th St. NW, 8th floor Washington D.C. 20530 Att: Donna Kooperstein

Tel: 202 307 6349

_________________ _______________ Douglas Lavin

30 August 2010

Date Served

## INTERNATIONAL AIR TRANSPORT ASSOCIATION



# FINALLY ADOPTED RESOLUTIONS

CARGO SERVICES CONFERENCE (CSC)

### MEMORANDUM

CSC/FAR/001/2010

TO: All Members of IATA Cargo Services Conference Accredited Representatives

CC: IATA Regional Directors/Cargo Managers/Accreditation Managers Members, Cargo Procedures Conferences Management Group

IATA/FIATA Consultative Council Members, IATA Strategic Partners – Cargo Services

FROM: Secretary, Cargo Services Conference

DATE: 30 August 2010

SUBJECT: FINALLY ADOPTED RESOLUTIONS – CSC MAIL VOTE (S069, S070, and S071)

NORMAL RESOLUTION 600i, RECOMMENDED PRACTICE 1601,

RECOMMENDED PRACTICE 1670

Please find attached the amendments to Resolution 600i adopted through CSC Mail Vote (S069), Recommended Practice 1601 adopted through CSC Mail Vote (S070), and Recommended Practice 1670 adopted through CSC Mail Vote (S071) dated 4 August 2010 for

normal effectiveness.

The filing period runs from 30 August 2010 to 30 September 2010, with an intended effective

date of 1 October 2010. The final effectiveness dat e will be communicated to Members by a

Declaration of Effectiveness Memorandum as soon as all required government approvals have

been obtained.

Members are requested to file the Resolutions with their Government authorities where required, and to advise IATA Secretariat of their Governments’ action by 30 September

2010 , the end of the filing period. As usual, filing formalities with the U.S. Department of Transportation and the Canadian Transportation Agency will be handled by IATA.

Please note that the Resolutions will be declared effective upon receipt of the required Government approvals, in accordance with Resolutions 001 and 006.

Frederic Leger Head of Cargo Business Process, IATA

Attachment Finally Adopted Resolutions – CSC Mail Vote (S069, S070, and S071) Page 1 of 10

FINALLY ADOPTED RESOLUTIONS SUMMARY

The following Resolutions adopted through CSC Mail Vote (S069, S070, and S071) are requested for approval. The intended effective date is 1 October 2010

.

NORMAL RESOLUTION

Intended Effective Date: 1 October 2010

Resolution Summary of Resolution Summary of Amendment

RESOLUTION 600i

Carriage Concluded and Evidenced by Electronic Means –

Conditions of Contract

(Amending) Stipulates the conditions of contract for carriage concluded and evidenced by electronic

means. Amendment to conform the provisions concerning the carrier’s liability in Resolution

600i to those contained in the currently effective Resolution

600b.

RECOMMENDED PRACTICE

1601

Conditions of Carriage for Cargo

(Amending) Provides the sample text that individual Carriers may use in the development of their own respective terms and

conditions Amendment to conform the provisions concerning the carrier’s liability in

Recommended Practice 1601

to those contained in the currently effective Resolution

600b.

RECOMMENDED PRACTICE

1670

Carriage of Cargo using Electronic Data Interchange

(Amending) Outlines the conditions and agreement in the carriage of cargo using electronic data interchange Amendment to conform the provisions concerning the carrier’s liability in

Recommended Practice 1670

to those contained in the currently effective Resolution

600b.Finally Adopted Resolutions – CSC Mail Vote (S069, S070, and S071) Page 2 of 10

RESOLUTION 600i

CARRIAGE CONCLUDED AND EVIDENCED BY ELECTRONIC MEANS – CONDITIONS

OF CONTRACT

(Amending)

CSC( 31 MAIL S069 )600i Expiry: Indefinite Type: B

RESOLVED that:

The following Conditions of Contract and Notices be included in contracts of carriage concluded and evidenced by electronic means.

I. NOTICE APPEARING ON THE FACE OF AN AGREEMENT FOR ELECTRONIC DATA INTERCHANGE (EDI) OR OTHER AGREEMENT FOR CARRIAGE OF CARGO

CONCLUDED AND EVIDENCED BY ELECTRONIC MEANS.

It is agreed that the goods shipped pursuant to this Agreement are accepted in apparent good order and condition (except as noted) for carriage SUBJECT TO THE CONDITIONS OF

CONTRACT. ALL GOODS MAY BE CARRIED BY ANY OTHER MEANS INCLUDING ROAD

OR ANY OTHER CARRIER UNLESS SPECIFIC CONTRARY INSTRUCTIONS ARE GIVEN BY THE SHIPPER, AND SHIPPER AGREES THAT THE SHIPMENT MAY BE CARRIED VIA

INTERMEDIATE STOPPING PLACES WHICH THE CARRIER DEEMS APPROPRIATE. THE

SHIPPER’S ATTENTION IS DRAWN TO THE NOTICE CONCERNING CARRIER’S LIMITATION OF LIABILITY in the Conditions of Contract. Shipper may increase such limitation of liability by declaring a higher value for carriage and paying a supplemental charge if required.

INSURANCE – If carrier offers insurance, and such insurance is requested in accordance with the conditions thereof, indicate amount to be insur ed in figures in field "Amount of Insurance".

II. CONDITIONS OF CONTRACT A TTACHED AS AN ANNEX TO THE EDI

AGREEMENT OR INCLUDED AS PART OF ANY OTHER AGREEMENT USED FOR

CARRIAGE OF CARGO CONLCUDED AND EVIDENCED BY ELECTRONIC MEANS.

NOTICE CONCERNING CARRIER’S LIMITATION OF LIABILITY

If the carriage involves an ultimate destination or stop in a country other than the country of departure, the Warsaw Con vention or the Montreal Convention may be applicable and in most cases limit the liability of the Carrier in respect of loss of, damage or delay to cargo. Depending on the applicable regime, and unless a higher value is declared, liability of the

Carrier m ay be limited to 19 Special Drawing Rights per kilogram under the Montreal Convention; 17 Special Drawing Rights per k ilogram under the Warsaw Convention as amended by Montreal Protocol No. 4; or 250 French gold francs per kilogram under the

Warsaw Convent ion (unamended by Montreal Protocol No. 4), converted into nationalFinally Adopted Resolutions – CSC Mail Vote (S069, S070, and S071) Page 3 of 10

currency under applicable law, unless a greater amount is specified in the Carrier's conditions of carriage

.

If the carriage involves an ultimate destination or stop in a country other than the country of departure, the Montreal Convention or the Warsaw Convention may be applicable to the liability of the Carrier in respect of loss of, damage or delay to cargo. Carrier's limitation of liability in accordance with those Conventions shall be as set forth in subparagraph 4 unless a higher value is declared

.

CONDITIONS OF CONTRACT

1. In this contract and the Notices appearing herewith:

CARRIER includes the air carrier issuing the cargo receipt and all carriers that carry or undertake to carry the cargo or perform any other services related to such carriage.

SPECIAL DRAWING RIGHT (SDR) is a Special Draw ing Right as defined by the International Monetary Fund.

WARSAW CONVENTION means whichever of t he following instruments is applicable to the contract of carriage:

the Convention for the Unification of Certain Rules Relating to International Carriage by Air, signed at Warsaw, 12 October 1929; that Convention as amended at The Hague on 28 September 1955; that Convention as amended at The Hague 1955 and by Montreal Protocol No. 1, 2, or 4 (1975) as the case may be.

MONTREAL CONVENTION means the Convention for the Unification of Certain Rules for International Carriage by Air, done at Montreal on 28 May 1999.

2./2.1 Carriage is subject to the rules relating to liability established by the Warsaw

Convention or the Montreal Convention unless such carriage is not “international carriage” as defined by the applicable Conventions.

2.2 To the extent not in conflict with the foregoing, carriage and other related services performed by each Carrier are subject to:

2.2.1 applicable laws and government regulations;

2.2.2 provisions contained in the Carrier’s conditions of carriage and related rules, regulations, and timetables (but not the times of departure and arrival stated therein) and applicable tariffs of such Carrier, which are made part hereof, and which may be inspected at any airports or other cargo sales offices fr om which it operates regular services. When carriage is to/from the USA, the shipper and the consignee are entitled, upon request, to receive a free copy of the Carrier’s conditions of carriage. The Carrier’s conditions of carriage
include, but are not limited to:

2.2.2.1 limits on the Carrier’s liability for loss, damage or delay of goods, including fragile or perishable goods;

2.2.2.2 claims restrictions, including time periods within which shippers or consignees must file a claim or bring an action against the Carrier for its acts or omissions, or those of its agents;Finally Adopted Resolutions – CSC Mail Vote (S069, S070, and S071) Page 4 of 10

2.2.2.3 rights, if any, of the Carrier to change the terms of the contract;

2.2.2.4 rules about Carrier’s right to refuse to carry;

2.2.2.5 rights of the Carrier and limitations concerning delay or failure to perform service, including schedule changes, substitution of alternate Carrier or aircraft and rerouting.

3. The agreed stopping places (which may be altered by Carrier in case of necessity) are those places, except the place of departure and place of destination, set forth in the shipment record or shown in Carrier’s timetables as scheduled stopping places for the route. Carriage to be performed hereunder by several successive Carriers is regarded as a single operation.

4. For carriage to which the Montreal Convention does not apply, Carrier’s liability limitation shall not be less than the per kilogra m monetary limit set out in any applicable Convention or in Carrier’s tariffs or general conditions of carriage for cargo lost, damaged or delayed, provided that any such limitation of liability in an amount less than 19 SDRs per kilogram will not apply fo r carriage to or from the United States.

4. For carriage to which the Montreal Convention does not apply, Carrier’s liability limitation for cargo lost, damaged or delayed shall be 19 SDRs per kilogram unless a greater per kilogram monetary limit is provided in any applicable C onvention or in Carrier’s tariffs or general conditions of carriage.

5./5.1 Except when the Carrier has extended credit to the consignee without the written consent of the shipper, the shipper guarantees payment of all charges for the carriage due in accordance with Carrier’s tariff, conditions of carriage and related regulations, applicable laws (including national laws implementing the Wa rsaw Convention and the Montreal Convention), government regulations, orders and requirements.

5.2 When no part of the consignment is delivered, a claim with respect to such consignment will be considered even though transportation charges thereon are unpaid.

6./6.1 For cargo accepted for carriage, the Warsaw Convention and the Montreal Convention permit shipper to increase the limitation of liability by declaring a higher value for carriage and paying a supplemental charge if required.

6.2 In carriage to which neither the Warsaw Convention nor the Montreal Convention applies Carrier shall, in accordance with the procedures set forth in its general conditions of carriage and applicable tariffs, permit shipper to increase the limitation of liability by declaring a higher value for carriage and paying a supplemental charge if so required.

7./7.1 In cases of loss of, damage or delay to part of the cargo, the weight to be taken into account in determining Carrier’s limit of liability shall be only the weight of the package or packages concerned.

7.2 Notwithstanding any other provisions, for “for eign air transportation” as defined by the U.S. Transportation Code:

7.2.1 in the case of loss of, damage or delay to a shipment, the weight to be used in determining Carrier’s limit of liability shall be the weight which is used to determine the charge for carriage of such shipment; andFinally Adopted Resolutions – CSC Mail Vote (S069, S070, and S071) Page 5 of 10

7.2.2 in the case of loss of, damage or delay to a part of a shipment, the shipment weight in 7.2.1 shall be prorated to the packages covered by the same cargo receipt whose value is affected by the loss, damage or delay. The weight applicable in the case of loss or damage to one or more articles in a package shall be the weight of the entire package.

8. Any exclusion or limitation of liability applicable to Carrier shall apply to Carrier’s agents, employees, and representatives and to any pers on whose aircraft or equipment is used by Carrier for carriage and such person’s agents, employees and representatives.

9. Carrier undertakes to complete the carriage with reasonable dispatch. Where permitted by applicable laws, tariffs and government regulations, Carrier may use alternative carriers, aircraft or modes of transport without notice but with due regard to the interests of the shipper. Carrier is authorized by the shipper to select the routing and all intermediate stopping places that it deems appropriate or to change or deviate from the routing shown in the Shipment

Record.

10. Receipt by the person entitled to delivery of the cargo without complaint shall be prima facie evidence that the cargo has been delivered in good condition and in accordance with the contract of carriage.

10.1 In the case of loss of, damage or delay to cargo a written complaint must be made to Carrier by the person entitled to delivery. Such complaint must be made:

10.1.1 in the case of damage to the cargo, immediately after discovery of the damage and at the latest within 14 days from the date of receipt of the cargo;

10.1.2 in the case of delay, within 21 days from the date on which the cargo was placed at the disposal of the person entitled to delivery.

10.1.3 in the case of non-delivery of the cargo, within 120 days from the date of receipt of the cargo for transportation by the Carrier.

10.2 Such complaint may be made to the Carrier who issued the cargo receipt, or to the first Carrier or to the last Carrier or to the Carrier, which performed the carriage during which the loss, damage or delay took place.

10.3 Unless a written complaint is made within the time limits specified in 10.1 no action may be brought against Carrier.

10.4 Any rights to damages against Carrier shall be extinguished unless an action is brought within two years from the date of arrival at the destination, or from the date on which the aircraft ought to have arrived, or from the date on which the carriage stopped.

11. Shipper shall comply with all applicable laws and government regulations of any country to or from which the cargo may be carried, including those relating to the packing, carriage or delivery of the cargo, and shall furnish such information to the Carrier as may be necessary to comply with such laws and regulations. Carrier is not liable to shipper and shipper shall indemnify Carrier for loss or expense due to shipper ’s failure to comply with this provision.

12. No agent, employee or representative of Carrier has authority to alter, modify or waive any provisions of this contract.Finally Adopted Resolutions – CSC Mail Vote (S069, S070, and S071) Page 6 of 10

RECOMMENDED PRACTICE 1601

CONDITIONS OF CARRIAGE FOR CARGO

CSC( 31 MAIL S070 )1601 Expiry: Indefinite

Type: B

...

Article 11 – Carrier’s Liability

...

11.7 Unless the Shipper has made a special declaration of value for Carriage and has paid the supplementary sum applicable, liability of Carrier shall not exceed the Applicable Convention limit or, if no Convention applies, __________[TO BE INSERTED BY CARRIER], 19 Special Drawing Rights per kilogram of Cargo destroyed, los t, damaged or delayed. If the Shipper has made a special declaration of value for Carriage, it is agreed that any liability shall in no event exceed such declared value for Carriage stated on the face of the Air Waybill or included in the Shipment Record. All claims shall be subject to proof of value.

...Finally Adopted Resolutions – CSC Mail Vote (S069, S070, and S071) Page 7 of 10

RECOMMENDED PRACTICE 1670

CARRIAGE OF CARGO USING ELECTRONIC DATA INTERCHANGE

CSC( MAIL S066 MAIL S071 )1670 Expiry: Indefinite

Type: B

Attachment ‘A’

Annex ‘B’

CONDITIONS OF CONTRACT FOR CONTRACTS CONCLUDED BY ELECTRONIC MEANS

NOTICE CONCERNING CARRIER’S LIMITATION OF LIABILITY

If the carriage involves an ultimate destination or stop in a country other than the country of departure, the Warsaw Convention or the Montreal Convention may be applicable and in most

cases limit the liability of the Carrier in respect of loss of, damage or delay to cargo. Depending on the applicable regime, and unless a higher value is declared, liability of the Carrier may be limited to 19 Special Drawing Rights per kilogram under the Montreal

Conven tion; 17 Special Drawing Rights per kilogram under the Warsaw Convention as amended by Montreal Protocol No. 4; or 250 French gold francs per kilogram under the Warsaw Convention (unamended by Montreal Pr otocol No. 4), converted into national currency unde r applicable law, unless a greater amount is specified in the Carrier's conditions of carriage.

If the carriage involves an ultimate destination or stop in a country other than the country of departure, the Montreal Convention or the Wa rsaw Convention may be applicable to the liability of the Carrier in respect of loss of, damage or delay to cargo. Carrier's limitation of liability in accordance with t hose Conventions shall be as set forth in subparagraph 4 unless a higher value is declared.

This contract is subject to the following:

CONDITIONS OF CONTRACT

1. In this contract and the Notices appearing herewith:

CARRIER includes the air carrier issuing the Cargo Receipt and all carriers that carry or undertake to carry the cargo or perform any other services related to such carriage.

SPECIAL DRAWING RIGHT (SDR) is a Special Draw ing Right as defined by the International Monetary Fund.

WARSAW CONVENTION means whichever of t he following instruments is applicable to the contract of carriage:

the Convention for the Unification of Certain Rules Relating to International Carriage by Air, signed at Warsaw, 12 October 1929; that Convention as amended at The Hague on 28Finally Adopted Resolutions – CSC Mail Vote (S069, S070, and S071) Page 8 of 10

September 1955; that Convention as amended at The Hague 1955 and by Montreal Protocol No. 1, 2, or 4 (1975) as the case may be.

MONTREAL CONVENTION means the Convention for the Unification of Certain Rules for International Carriage by Air, done at Montreal on 28 May 1999.

2./2.1 Carriage is subject to the rules relating to liability established by the Warsaw

Convention or the Montreal Convention unless such carriage is not “international carriage” as defined by the applicable Conventions.

2.2 To the extent not in conflict with the fo regoing, carriage and other related services performed by each Carrier are subject to:

2.2.1 applicable laws and government regulations;

2.2.2 provisions contained in the Carrier’s conditions of carriage and related rules, regulations, and timetables (but not the times of departure and arrival stated therein) and applicable tariffs of such Carrier, which are made part hereof, and which may be inspected at any airports or other cargo sales offices fr om which it operates regular services. When carriage is to/from the USA, the shipper and the consignee are entitled, upon request, to receive a free copy of the Carrier’s conditions of carriage. The Carrier’s conditions of carriage
include, but are not limited to:

2.2.2.1 limits on the Carrier’s liability for loss, damage or delay of goods, including fragile or perishable goods;

2.2.2.2 claims restrictions, including time periods within which shippers or consignees must file a claim or bring an action against the Carrier for its acts or omissions, or those of its agents;

2.2.2.3 rights, if any, of the Carrier to change the terms of the contract;

2.2.2.4 rules about Carrier’s right to refuse to carry;

2.2.2.5 rights of the Carrier and limitations concerning delay or failure to perform service, including schedule changes, substitution of alternate Carrier or aircraft and rerouting.

3. The agreed stopping places (which may be altered by Carrier in case of necessity) are those places, except the place of departure and place of destination, set forth in the Shipment

Record or shown in Carrier’s timetables as scheduled stopping places for the route. Carriage to be performed hereunder by several successive Carriers is regarded as a single operation.

4. For carriage to which the Montreal Convention does not apply, Carrier’s liability limitation shall not be less than the per kilogram monetary limit set out in an y applicable Convention or in Carrier’s tariffs or general conditions of carriage for cargo lost, damaged or delayed, provided that any such limitation of liability in an amount less than 19 SDRs per kilogram will not apply for carriage to or from the Unit ed States.

4. For carriage to which the Montreal Convention does not apply, Carrier’s liability limitation for cargo lost, damaged or delayed shall be 19 SDRs per kilogram unless a greater per kilogram monetary limit is provided in any applicable C onvention or in Carrier’s tariffs or general conditions of carriage.Finally Adopted Resolutions – CSC Mail Vote (S069, S070, and S071) Page 9 of 10

5./5.1 Except when the Carrier has extended credit to the consignee without the written consent of the shipper, the shipper guarantees payment of all charges for the carriage due in accordance with Carrier’s tariff, conditions of carriage and related regulations, applicable laws (including national laws implementing the Wa rsaw Convention and the Montreal Convention), government regulations, orders and requirements.

5.2 When no part of the consignment is delivered, a claim with respect to such consignment will be considered even though transportation charges thereon are unpaid.

6./6.1 For cargo accepted for carriage, the Warsaw Convention and the Montreal Convention permit shipper to increase the limitation of liability by declaring a higher value for carriage and paying a supplemental charge if required.

6.2 In carriage to which neither the Warsaw Convention nor the Montreal Convention applies Carrier shall, in accordance with the procedures set forth in its general conditions of carriage and applicable tariffs, permit shipper to increase the limitation of liability by declaring a higher value for carriage and paying a supplemental charge if so required.

7./7.1 In cases of loss of, damage or delay to part of the cargo, the weight to be taken into account in determining Carrier’s limit of liability shall be only the weight of the package or packages concerned.

7.2 Notwithstanding any other provisions, for “for eign air transportation” as defined by the U.S. Transportation Code:

7.2.1 in the case of loss of, damage or delay to a shipment, the weight to be used in determining Carrier’s limit of liability shall be the weight which is used to determine the charge for carriage of such shipment; and

7.2.2 in the case of loss of, damage or delay to a part of a shipment, the shipment weight in 7.2.1 shall be prorated to the packages covered by the same Cargo Receipt whose value is affected by the loss, damage or delay. The weight applicable in the case of loss or damage to one or more articles in a package shall be the weight of the entire package.

8. Any exclusion or limitation of liability applicable to Carrier shall apply to Carrier’s agents, employees, and representatives and to any pers on whose aircraft or equipment is used by Carrier for carriage and such person’s agents, employees and representatives.

9. Carrier undertakes to complete the carriage with reasonable dispatch. Where permitted by applicable laws, tariffs and government regulations, Carrier may use alternative carriers, aircraft or modes of transport without notice but with due regard to the interests of the shipper. Carrier is authorized by the shipper to select the routing and all intermediate stopping places that it deems appropriate or to change or deviate from the routing shown in the Shipment

Record.

10. Receipt by the person entitled to delivery of the cargo without complaint shall be prima facie evidence that the cargo has been delivered in good condition and in accordance with the contract of carriage.

10.1 In the case of loss of, damage or delay to cargo a written complaint must be made to Carrier by the person entitled to delivery. Such complaint must be made:Finally Adopted Resolutions – CSC Mail Vote (S069, S070, and S071) Page 10 of 10

10.1.1 in the case of damage to the cargo, immediately after discovery of the damage and at the latest within 14 days from the date of receipt of the cargo;

10.1.2 in the case of delay, within 21 days from the date on which the cargo was placed at the disposal of the person entitled to delivery.

10.1.3 in the case of non-delivery of the cargo, within 120 days from the date of receipt of the cargo for transportation by the Carrier.

10.2 Such complaint may be made to the Carrier who issued the Cargo Receipt, or to the first Carrier or to the last Carrier or to the Carrier, which performed the carriage during which the loss, damage or delay took place.

10.3 Unless a written complaint is made within the time limits specified in 10.1 no action may be brought against Carrier.

10.4 Any rights to damages against Carrier shall be extinguished unless an action is brought within two years from the date of arrival at the destination, or from the date on which the aircraft ought to have arrived, or from the date on which the carriage stopped.

11. Shipper shall comply with all applicable laws and government regulations of any country to or from which the cargo may be carried, including those relating to the packing, carriage or delivery of the cargo, and shall furnish such information to the Carrier as may be necessary to comply with such laws and regulations. Carrier is not liable to shipper and shipper shall indemnify Carrier for loss or expense due to shipper ’s failure to comply with this provision.

12. No agent, employee or representative of Carrier has authority to alter, modify or waive any provisions of this contract.M E M O R A N D U M

CSC/MailVote/002/2010

TO: All Members of IATA Cargo Services Conference (CSC) Accredited Representatives

CC: IATA Regional Cargo Directors/ Cargo Service Managers

FROM: Manager, Business Process & Standards

DATE: 4 August 2010

SUBJECT: CSC MAIL VOTE (S069) – Resolution 600i

As Members will recall, the amendment to Resolution 600b adopted at the 32 nd meeting of the Cargo Services Conference (CSC/32) was declared effective 1 July 2010. In order to conform the provisions concerning the carrier’s liability in Resolution 600i to those contained in the currently effective Resolution 600b, the proposed amendment is attached herewith for adoption by Conference through

this Mail Vote.

The voting period will run for 21 days from the date of this memorandum. Members are requested to submit the vote by sending an email to cargo@iata.org with reference “CSC Mail Vote S069” latest by Wednesday, 25 August 2010

.

The voting procedures are as follows:

 Specimen positive vote advice: XYZ Airlines hereby votes in favor of the proposed

amendment to Resolution 600i.

 Specimen negative vote advice: XYZ Airlines hereby votes against the pr oposed

amendment to Resolution 600i.

 Abstentions: Please note that abstentions will count as positive votes.

Thank you for your participation.

Sincerely,

LIAO, Zhi Yong Manager, Business Process & Standards, IATA

 AttachmentRESOLUTION 600i

CARRIAGE CONCLUDED AND EVIDENCED BY ELECTRONIC MEANS – CONDITIONS OF

CONTRACT

(Amending)

CSC( 31 MAIL S069 )600i Expiry: Indefinite Type: B

RESOLVED that:

The following Conditions of Contract and Notices be included in contracts of carriage concluded and evidenced by electronic means.

I. NOTICE APPEARING ON THE FACE OF AN AGREEMENT FOR ELECTRONIC DATA INTERCHANGE (EDI) OR OTHER AGREEMENT FOR CARRIAGE OF CARGO CONCLUDED AND

EVIDENCED BY ELECTRONIC MEANS.

It is agreed that the goods shipped pursuant to this Agreement are accepted in apparent good order and condition (except as noted) for carriage SUBJECT TO THE CONDITIONS OF CONTRACT. ALL

GOODS MAY BE CARRIED BY ANY OTHER MEANS INCLUDING ROAD OR ANY OTHER CARRIER UNLESS SPECIFIC CONTRARY INSTRUCTIONS ARE GIVEN BY THE SHIPPER, AND

SHIPPER AGREES THAT THE SHIPMENT MAY BE CARRIED VIA INTERMEDIATE STOPPING

PLACES WHICH THE CARRIER DEEMS APPROPRIATE. THE SHIPPER’S ATTENTION IS

DRAWN TO THE NOTICE CONCERNING CARRIER’S LIMITATION OF LIABILITY in the Conditions of Contract. Shipper may increase such limitation of liability by declaring a higher value for carriage and paying a supplemental charge if required.

INSURANCE – If carrier offers insurance, and such insurance is requested in accordance with the conditions thereof, indicate amount to be insured in figures in field "Amount of Insurance".

II. CONDITIONS OF CONTRACT ATTACHED AS AN ANNEX TO THE EDI AGREEMENT OR

INCLUDED AS PART OF ANY OTHER AGREEMENT USED FOR CARRIAGE OF CARGO

CONLCUDED AND EVIDENCED BY ELECTRONIC MEANS.

NOTICE CONCERNING CARRIER’S LIMITATION OF LIABILITY

If the carriage involves an ultimate destination or stop in a country other than the country of departure, the Warsaw Convention or the Montreal Convention may be applicable and in most cases limit the liability of the Carrier in respect of loss of, damage or delay to cargo. Depending on the applicable regime, and unless a higher value is declared, liability of the Carrier may be limited to 19 Special Drawing Rights per kilogram under the Montreal Convention; 17 Special Drawing Rights per kilogram under the Warsaw Convention as amended by Montreal Protocol No. 4; or 250 French gold francs per kilogram under the Warsaw Convention (unamended by Montreal Protocol No. 4), converted into national currency under applicable law, unless a greater amount is specified in the Carrier's conditions of carriage

.

If the carriage involves an ultimate destination or stop in a country other than the country of departure,

the Montreal Convention or the Warsaw Convention ma y be applicable to the liability of the Carrier in respect of loss of, damage or delay to cargo. Carrier's limitation of liability in accordance with those Conventions shall be as set forth in subparagraph 4 unless a higher value is declared

.CONDITIONS OF CONTRACT

1. In this contract and the Notices appearing herewith:

CARRIER includes the air carrier issuing the cargo receipt and all carriers that carry or undertake to carry the cargo or perform any other services related to such carriage.

SPECIAL DRAWING RIGHT (SDR) is a Special Draw ing Right as defined by the International Monetary Fund.

WARSAW CONVENTION means whichever of the follo wing instruments is applicable to the contract of carriage:

the Convention for the Unification of Certain Rules Relating to International Carriage by Air, signed at Warsaw, 12 October 1929; that Convention as amended at The Hague on 28 September 1955; that Convention as amended at The Hague 1955 and by Montreal Protocol No. 1, 2, or 4 (1975) as the case may be.

MONTREAL CONVENTION means the Convention for the Unification of Certain Rules for International Carriage by Air, done at Montreal on 28 May 1999.

2./2.1 Carriage is subject to the rules relating to liability established by the Warsaw Convention or the Montreal Convention unless such carriage is not “int ernational carriage” as defined by the applicable

Conventions.

2.2 To the extent not in conflict with the foregoing, carriage and other related services performed by each Carrier are subject to:

2.2.1 applicable laws and government regulations;

2.2.2 provisions contained in the Carrier’s conditions of carriage and related rules, regulations, and timetables (but not the times of departure and arrival stated therein) and applicable tariffs of such Carrier, which are made part hereof, and which may be inspected at any airports or other cargo sales offices from which it operates regular services. When carriage is to/from the USA, the shipper and the consignee are entitled, upon request, to receive a free copy of the Carrier’s conditions of carriage. The Carrier’s conditions of carriage include, but are not limited to:

2.2.2.1 limits on the Carrier’s liability for loss, damage or delay of goods, including fragile or perishable goods;

2.2.2.2 claims restrictions, including time periods within which shippers or consignees must file a claim or bring an action against the Carrier for its acts or omissions, or those of its agents;

2.2.2.3 rights, if any, of the Carrier to change the terms of the contract;

2.2.2.4 rules about Carrier’s right to refuse to carry;

2.2.2.5 rights of the Carrier and limitations concerning del ay or failure to perform service, including schedule changes, substitution of alternate Carrier or aircraft and rerouting.

3. The agreed stopping places (which may be altered by Carrier in case of necessity) are those places, except the place of departure and place of destination, set forth in the shipment record or shown in Carrier’s timetables as scheduled stopping places for the route. Carriage to be performed hereunder by several successive Carriers is regarded as a single operation.4. For carriage to which the Montreal Convention does not apply, Carrier’s liability limitation shall not be less than the per kilogram monetary limit set out in any applicable Convention or in Carrier’s tariffs or general conditions of ca rriage for cargo lost, damaged or delayed, provided that any such limitation of liability in an amount less than 19 SDRs per kilogram will not apply for carriage to or from the

United States.

4. For carriage to which the Montreal Convention does not apply, Carrier’s liability limitation for cargo lost, damaged or delayed shall be 19 SDRs per kilogram unless a greater per kilogram monetary limit is provided in any applicable Convention or in Carrier’s tariffs or general conditions of carriage.

5./5.1 Except when the Carrier has extended credit to the consignee without the written consent of the shipper, the shipper guarantees payment of all charges for the carriage due in accordance with Carrier’s tariff, conditions of carriage and related regul ations, applicable laws (including national laws implementing the Warsaw Convention and the Montr eal Convention), government regulations, orders and requirements.

5.2 When no part of the consignment is delivered, a claim with respect to such consignment will be considered even though transportation charges thereon are unpaid.

6./6.1 For cargo accepted for carriage, the Warsaw Convention and the Montreal Convention permit shipper to increase the limitation of liability by declaring a higher value for carriage and paying a supplemental charge if required.

6.2 In carriage to which neither the Warsaw Convention nor the Montreal Convention applies Carrier shall, in accordance with the procedures set forth in its general conditions of carriage and applicable tariffs, permit shipper to increase the limitation of liability by declaring a higher value for carriage and paying a supplemental charge if so required.

7./7.1 In cases of loss of, damage or delay to part of the cargo, the weight to be taken into account in determining Carrier’s limit of liability shall be only the weight of the package or packages concerned.

7.2 Notwithstanding any other provisions, for “foreign air transportation” as defined by the U.S. Transportation Code:

7.2.1 in the case of loss of, damage or delay to a shipment, the weight to be used in determining Carrier’s limit of liability shall be the weight which is used to determine the charge for carriage of such shipment; and

7.2.2 in the case of loss of, damage or delay to a part of a shipment, the shipment weight in 7.2.1 shall be prorated to the packages covered by the same cargo receipt whose value is affected by the loss, damage or delay. The weight applicable in the case of loss or damage to one or more articles in a package shall be the weight of the entire package.

8. Any exclusion or limitation of liability applicable to Carrier shall apply to Carrier’s agents, employees, and representatives and to any person whos e aircraft or equipment is used by Carrier for carriage and such person’s agents, employees and representatives.

9. Carrier undertakes to complete the carriage with reasonable dispatch. Where permitted by applicable laws, tariffs and government regulations, Ca rrier may use alternative carriers, aircraft or modes of transport without notice but with due regard to the interests of the shipper. Carrier is authorized by the shipper to select the routing and all intermediate stopping places that it deems appropriate or to change or deviate from the routing shown in the Shipment Record.10. Receipt by the person entitled to delivery of the cargo without complaint shall be prima facie evidence that the cargo has been delivered in good condition and in accordance with the contract of carriage.

10.1 In the case of loss of, damage or delay to cargo a written complaint must be made to Carrier by the person entitled to delivery. Such complaint must be made:

10.1.1 in the case of damage to the cargo, immediately after discovery of the damage and at the latest within 14 days from the date of receipt of the cargo;

10.1.2 in the case of delay, within 21 days from the date on which the cargo was placed at the disposal of the person entitled to delivery.

10.1.3 in the case of non-delivery of the cargo, within 120 days from the date of receipt of the cargo for transportation by the Carrier.

10.2 Such complaint may be made to the Carrier who issued the cargo receipt, or to the first Carrier or to the last Carrier or to the Carrier, which performed the carriage during which the loss, damage or delay took place.

10.3 Unless a written complaint is made within the time limits specified in 10.1 no action may be brought against Carrier.

10.4 Any rights to damages against Carrier shall be extinguished unless an action is brought within two years from the date of arrival at the destination, or from the date on which the aircraft ought to have arrived, or from the date on which the carriage stopped.

11. Shipper shall comply with all applicable laws and gov ernment regulations of any country to or from which the cargo may be carried, including those relating to the packing, carriage or delivery of the cargo, and shall furnish such information to the Carrier as may be necessary to comply with such laws and regulations. Carrier is not liable to shipper and shipper shall indemnify Carrier for loss or expense due to shipper’s failure to comply with this provision.

12. No agent, employee or representative of Carrier has authority to alter, modify or waive any provisions of this contract.M E M O R A N D U M

CSC/MailVote/003/2010 (REVISED)

TO: All Members of IATA Cargo Services Conference (CSC) Accredited Representatives

CC: IATA Regional Cargo Directors/ Cargo Service Managers

FROM: Manager, Business Process & Standards

DATE: 18 August 2010

SUBJECT: CSC MAIL VOTE (S070) – Recommended Practice 1601

As Members will recall, the amendment to Resolution 600b adopted at the 32 nd meeting of the Cargo Services Conference (CSC/32) was declared effective 1 July 2010. In order to conform the provisions concerning the carrier’s liability in Recommended Pr actice 1601 to those contained in the currently effective Resolution 600b, the proposed amendment is attached herewith for adoption by Conference through this Mail Vote.

The voting period will run for 21 days from the date of this memorandum. Members are requested to submit the vote by sending an email to cargo@iata.org with reference “CSC Mail Vote S070” latest by Wednesday, 25 August 2010

.

The voting procedures are as follows:

 Specimen positive vote advice: XYZ Airlines hereby votes in favor of the proposed

amendment to Recommended Practice 1601.

 Specimen negative vote advice: XYZ Airlines hereby votes against the pr oposed

amendment to Recommended Practice 1601.

 Abstentions: Please note that abstentions will count as positive votes.

Thank you for your participation.

Sincerely,

LIAO, Zhi Yong Manager, Business Process & Standards, IATA

 AttachmentCSC Mail Vote ( S070 ) Pa g e 2 of 2

RECOMMENDED PRACTICE 1601

CONDITIONS OF CARRIAGE FOR CARGO

CSC( 31 MAIL S070 )1601 Expiry: Indefinite

Type: B

...

Article 11 – Carrier’s Liability

...

11.7 Unless the Shipper has made a special declaration of value for Carriage and has paid the supplementary sum applicable, liability of Carrier shall not exceed the Applicable Convention limit or, if no Convention applies, __________[TO BE INSERTED BY CARRIER], 19 Special Drawing Rights per kilogram of Cargo destroyed, lost, damaged or delayed. If the Shipper has made a special declaration of value for Carriage, it is agreed that any liability shall in no event exceed such declared value for Carriage stated on the face of the Air Waybill or included in the Shipment Record. All claims shall be subject to proof of value.

...M E M O R A N D U M

CSC/MailVote/004/2010

TO: All Members of IATA Cargo Services Conference (CSC) Accredited Representatives

CC: IATA Regional Cargo Directors/ Cargo Service Managers

FROM: Manager, Business Process & Standards

DATE: 4 August 2010

SUBJECT: CSC MAIL VOTE (S071) – Recommended Practice 1670

As Members will recall, the amendment to Resolution 600b adopted at the 32 nd meeting of the Cargo Services Conference (CSC/32) was declared effective 1 July 2010. In order to conform the provisions concerning the carrier’s liability in Recommended Pr actice 1670 to those contained in the currently effective Resolution 600b, the proposed amendment is attached herewith for adoption by Conference through this Mail Vote.

The voting period will run for 21 days from the date of this memorandum. Members are requested to submit the vote by sending an email to cargo@iata.org with reference “CSC Mail Vote S071” latest by Wednesday, 25 August 2010

.

The voting procedures are as follows:

 Specimen positive vote advice: XYZ Airlines hereby votes in favor of the proposed

amendment to Recommended Practice 1670.

 Specimen negative vote advice: XYZ Airlines hereby votes against the pr oposed

amendment to Recommended Practice 1670.

 Abstentions: Please note that abstentions will count as positive votes.

Thank you for your participation.

Sincerely,

LIAO, Zhi Yong Manager, Business Process & Standards, IATA

 AttachmentRECOMMENDED PRACTICE 1670

Attachment ‘A’

Annex ‘B’

CONDITIONS OF CONTRACT FOR CONTRACTS CONCLUDED BY ELECTRONIC MEANS

NOTICE CONCERNING CARRIER’S LIMITATION OF LIABILITY

If the carriage involves an ultimate destination or stop in a country other than the country of departure,

the Warsaw Conve ntion or the Montreal Convention may be applicable and in most cases limit the liability of the Carrier in respect of loss of, damage or delay to cargo. Depending on the applicable regime, and unless a higher value is declared, liability of the Carrier may be limited to 19 Special Drawing Rights per kilogram under the Montreal C onvention; 17 Special Drawing Rights per kilogram under the Warsaw Convention as amended by Montreal Protocol No. 4; or 250 French gold francs per kilogram under the Warsaw Conventio n (unamended by Montreal Protocol No. 4), converted into national currency under applicable law, unless a greater amount is specified in the Carrier's conditions of carriage.

If the carriage involves an ultimate destination or stop in a country other than the country of departure,

the Montreal Convention or the Warsaw Convention ma y be applicable to the liability of the Carrier in respect of loss of, damage or delay to cargo. Carrier's limitation of liability in accordance with those Conventions shall be as set forth in subparagraph 4 unless a higher value is declared.

This contract is subject to the following:

CONDITIONS OF CONTRACT

1. In this contract and the Notices appearing herewith:

CARRIER includes the air carrier issuing the Cargo Receipt and all carriers that carry or undertake to carry the cargo or perform any other services related to such carriage.

SPECIAL DRAWING RIGHT (SDR) is a Special Draw ing Right as defined by the International Monetary Fund.

WARSAW CONVENTION means whichever of the follo wing instruments is applicable to the contract of carriage:

the Convention for the Unification of Certain Rules Relating to International Carriage by Air, signed at Warsaw, 12 October 1929; that Convention as amended at The Hague on 28 September 1955; that Convention as amended at The Hague 1955 and by Montreal Protocol No. 1, 2, or 4 (1975) as the case may be.

MONTREAL CONVENTION means the Convention for the Unification of Certain Rules for International Carriage by Air, done at Montreal on 28 May 1999.

2./2.1 Carriage is subject to the rules relating to liability established by the Warsaw Convention or the Montreal Convention unless such carriage is not “int ernational carriage” as defined by the applicable

Conventions.

2.2 To the extent not in conflict with the foregoing, carriage and other related services performed by each Carrier are subject to:2.2.1 applicable laws and government regulations;

2.2.2 provisions contained in the Carrier’s conditions of carriage and related rules, regulations, and timetables (but not the times of departure and arrival stated therein) and applicable tariffs of such Carrier, which are made part hereof, and which may be inspected at any airports or other cargo sales offices from which it operates regular services. When carriage is to/from the USA, the shipper and the consignee are entitled, upon request, to receive a free copy of the Carrier’s conditions of carriage. The Carrier’s conditions of carriage include, but are not limited to:

2.2.2.1 limits on the Carrier’s liability for loss, damage or delay of goods, including fragile or perishable goods;

2.2.2.2 claims restrictions, including time periods within which shippers or consignees must file a claim or bring an action against the Carrier for its acts or omissions, or those of its agents;

2.2.2.3 rights, if any, of the Carrier to change the terms of the contract;

2.2.2.4 rules about Carrier’s right to refuse to carry;

2.2.2.5 rights of the Carrier and limitations concerning del ay or failure to perform service, including schedule changes, substitution of alternate Carrier or aircraft and rerouting.

3. The agreed stopping places (which may be altered by Carrier in case of necessity) are those places, except the place of departure and place of destination, set forth in the Shipment Record or shown in Carrier’s timetables as scheduled stopping places for the route. Carriage to be performed hereunder by several successive Carriers is regarded as a single operation.

4. For carriage to which the Montreal Convention does not apply, Carrier’s liability limitation shall not be less than the per kilogram monetary limit set out in any applicable Convention or in Carrier’s tariffs or general conditions of carriage for cargo lost, dam aged or delayed, provided that any such limitation of liability in an amount less than 19 SDRs per kilogram will not apply for carriage to or from the

United States.

4. For carriage to which the Montreal Convention does not apply, Carrier’s liability limitation for cargo lost, damaged or delayed shall be 19 SDRs per kilogram unless a greater per kilogram monetary limit is provided in any applicable Convention or in Carrier’s tariffs or general conditions of carriage.

5./5.1 Except when the Carrier has extended credit to the consignee without the written consent of the shipper, the shipper guarantees payment of all charges for the carriage due in accordance with Carrier’s tariff, conditions of carriage and related regul ations, applicable laws (including national laws implementing the Warsaw Convention and the Montr eal Convention), government regulations, orders and requirements.

5.2 When no part of the consignment is delivered, a claim with respect to such consignment will be considered even though transportation charges thereon are unpaid.

6./6.1 For cargo accepted for carriage, the Warsaw Convention and the Montreal Convention permit shipper to increase the limitation of liability by declaring a higher value for carriage and paying a supplemental charge if required.

6.2 In carriage to which neither the Warsaw Convention nor the Montreal Convention applies Carrier shall, in accordance with the procedures set forth in its general conditions of carriage and applicable tariffs, permit shipper to increase the limitation of liability by declaring a higher value for carriage and paying a supplemental charge if so required.7./7.1 In cases of loss of, damage or delay to part of the cargo, the weight to be taken into account in determining Carrier’s limit of liability shall be only the weight of the package or packages concerned.

7.2 Notwithstanding any other provisions, for “foreign air transportation” as defined by the U.S. Transportation Code:

7.2.1 in the case of loss of, damage or delay to a shipment, the weight to be used in determining Carrier’s limit of liability shall be the weight which is used to determine the charge for carriage of such shipment; and

7.2.2 in the case of loss of, damage or delay to a part of a shipment, the shipment weight in 7.2.1 shall be prorated to the packages covered by the same Cargo Receipt whose value is affected by the loss, damage or delay. The weight applicable in the case of loss or damage to one or more articles in a package shall be the weight of the entire package.

8. Any exclusion or limitation of liability applicable to Carrier shall apply to Carrier’s agents, employees, and representatives and to any person whos e aircraft or equipment is used by Carrier for carriage and such person’s agents, employees and representatives.

9. Carrier undertakes to complete the carriage with reasonable dispatch. Where permitted by applicable laws, tariffs and government regulations, Ca rrier may use alternative carriers, aircraft or modes of transport without notice but with due regard to the interests of the shipper. Carrier is authorized by the shipper to select the routing and all intermediate stopping places that it deems appropriate or to change or deviate from the routing shown in the Shipment Record.

10. Receipt by the person entitled to delivery of the cargo without complaint shall be prima facie evidence that the cargo has been delivered in good condition and in accordance with the contract of carriage.

10.1 In the case of loss of, damage or delay to cargo a written complaint must be made to Carrier by the person entitled to delivery. Such complaint must be made:

10.1.1 in the case of damage to the cargo, immediately after discovery of the damage and at the latest within 14 days from the date of receipt of the cargo;

10.1.2 in the case of delay, within 21 days from the date on which the cargo was placed at the disposal of the person entitled to delivery.

10.1.3 in the case of non-delivery of the cargo, within 120 days from the date of receipt of the cargo for transportation by the Carrier.

10.2 Such complaint may be made to the Carrier who issued the Cargo Receipt, or to the first Carrier or to the last Carrier or to the Carrier, which performed the carriage during which the loss, damage or delay took place.

10.3 Unless a written complaint is made within the time limits specified in 10.1 no action may be brought against Carrier.

10.4 Any rights to damages against Carrier shall be extinguished unless an action is brought within two years from the date of arrival at the destination, or from the date on which the aircraft ought to have arrived, or from the date on which the carriage stopped.

11. Shipper shall comply with all applicable laws and gov ernment regulations of any country to or from which the cargo may be carried, including those relating to the packing, carriage or delivery of thecargo, and shall furnish such information to the Carrier as may be necessary to comply with such laws and regulations. Carrier is not liable to shipper and shipper shall indemnify Carrier for loss or expense due to shipper’s failure to comply with this provision.

12. No agent, employee or representative of Carrier has authority to alter, modify or waive any provisions of this contract.