1 EXHIBIT 10.4 MARKETING AND TRANSPORTATION SERVICES AGREEMENT THIS AGREEMENT made in duplicate this 20 day of November, 1995. B E T W E E N: PUROLATOR COURIER LTD. ("Purolator") - and - PARCELWAY COURIER SYSTEMS CANADA LTD. a subsidiary of Dynamex Inc. ("Dynamex") WHEREAS Purolator inter alia, is licensed to provide courier services for compensation across Canada and the United States of America; AND WHEREAS Dynamex inter alia, is licensed to provide courier services for compensation across Canada and the United States of America; AND WHEREAS Purolator's principal business activity is next day or multiple day service: AND WHEREAS Dynamex' principal business is sameday service; AND WHEREAS Purolator and Dynamex wish to cooperate, as independent contractors, in the marketing of their respective services and in the provision of those services to their respective customers; NOW THEREFORE in consideration of the mutual covenants contained in this Agreement, the Parties hereto agree as follows: 1.0 DEFINITIONS 1.1 The following words shall have the following meanings throughout this Agreement: a) "Agreement" means this Agreement and all Schedules annexed hereto, as amended from time to time by the Parties; b) "Freight" means any goods directed to one Party by the other for pick up and/or delivery; c) "Force Majeure" means i) An Act of God; ii) A strike, lock out or other labour disturbance; 2 - 2 - iii) A war, revolution, insurrection, riot, blockade or any other unlawful act against public order authority; iv) A storm, fire, flood, explosion, lightening or other hazardous weather condition; v) Any Ministry of Transportation road closure or other acts of government or transport authorities which are beyond the control of the Parties; vi) Any air traffic control delays, cancellations, reroutes or other acts of government, airport or aviation authorities, which are beyond the control of the