BACK SOLICITATION. CARRIER shall not solicit traffic from any shipper, consignee, or customer of BROKER where (1) the availability of such traffic first became known to CARRJER as a result of XXXX.XX's efforts; or (2) where the traffic was first tendered to CARRIER by BROKER. If the CARRJER breaches this provision of this AGREEMENT, BROKER shall be entitled-as reasonable liquidated damages and not as a penalty-to a commission of fifteen percent of the gross revenue from such traffic to CARRIER for a period of fifteen months. CARRIER also agrees that the breach of this provision entitles BROKER to be entitled to obtain an injunction against CARRIER in a court of competent jurisdiction, at BROKER' s option.
BACK SOLICITATION. CARRIER shall not knowingly solicit freight shipments (or accept shipments) for a period of 15 month(s) following termination of this agreement for any reason, from any shipper, consignor, consignee, or other customer of BROKER, when such shipments of shipper customers were first tendered to CARRIER by BROKER.
BACK SOLICITATION. CUSTOMER shall not solicit the services of BROKER’s motor carriers where the CUSTOMER’s use of such carrier first occurred through the BROKER’s efforts. If the CUSTOMER breaches this provision of this AGREEMENT, BROKER shall be entitled, as reasonable damages and not as a penalty, to a commission of fifteen percent of the gross revenue from traffic assigned by CUSTOMER to such carrier for a period of fifteen months. CUSTOMER also agrees that the breach of this provision entitles BROKER to be entitled to obtain an injunction against CUSTOMER in a court of competent jurisdiction, at BROKER’s option.
BACK SOLICITATION. CARRIER shall not knowingly solicit shipments (or accept shipments) for a period of 15 month(s) following termination of this agreement for any reason, from any shipper, consignor, consignee, or other customer of BROKER, when such shipments of shipper customers were first tendered to CARRIER by BROKER. In the event of breach of this provision, BROKER shall be entitled, for a period of twelve (12) months following delivery of the last shipment transported by CARRIER under this Agreement, to a commission of fifteen percent (15%) of the gross transportation revenue (as evidenced by freight bills) received by CARRIER for the transportation of said freight as liquidated damages. Additionally, BROKER may seek injunctive relief and in the event it is successful, CARRIER shall be liable for all costs and expenses incurred by BROKER, including, but not limited to, reasonable attorney's fees.
BACK SOLICITATION. During the period of the term hereof, and for a period of two (2) years from the date of the termination of this Agreement, neither Broker nor its retained carrier shall directly or indirectly solicit or otherwise contact any person or customer of Boost for whom service has been provided pursuant to this Agreement. Should Broker or its retained carrier back solicit and participate in such traffic, Broker shall pay to Boost a commission of 15% of any revenue derived therefrom.
BACK SOLICITATION. CARRIER shall not solicit traffic from any shipper, consignor, consignee or customer of BROKER where
BACK SOLICITATION. (a) CARRIER and BROKER agree that BROKER, at great expense, has developed a broad customer base of Shippers, receivers and vendors that is essential to the successful operations of the BROKER. CARRIER and BROKER agree that disclosure of the identity of one or more of BROKER said customers to CARRIER constitutes valuable consideration. During the term of this AGREEMENT and for a period of one (1) year from its termination, CARRIER shall not, directly or indirectly, solicit or do business of a transportation or warehousing nature with any of BROKER's customers who are serviced by CARRIER as a result of this AGREEMENT unless otherwise agreed by the parties in writing.
BACK SOLICITATION. Carrier agrees that it shall not, during the term hereof, and for a period of one (1) year from the date of termination of the Agreement, directly or indirectly solicit or otherwise initiate contact with any person or customer of Broker with whom Carrier had initial and substantial contact through operations pursuant to this Agreement, for the purpose of transporting shipments directly for or on behalf of such person or customer. As violation of the provisions of this Paragraph would cause irreparable injury to Broker, and there is no adequate remedy at law or in equity, Broker shall be entitled to enjoin Carrier in a court of equity from violating such provision, and seek appropriate damages together with costs and attorney fees.
BACK SOLICITATION. During the term of this Agreement and for a period of twelve (12) months thereafter, Motor Carrier shall not transport or arrange to transport, either directly or indirectly, freight shipments from any shipper, consignor, consignee or other customer or Broker, when: such shipments of the shipper, consignor or consignee or Broker customer were, first tendered to the Motor carrier by the Broker or where the shipper, consignor, consignee or Broker customers were customers of Broker and not customers of Motor Carrier before their shipment were tendered by Broker to Motor Carrier. Motor Carrier shall confer with Broker if it in doubt with respect to the application of this provision with any such shipper, consignor, consignee or Broker customer.
BACK SOLICITATION. CARRIER shall not solicit traffic or bids from any shipper, consignor, consignee or customer of BROKER where The availability of such traffic or bids first became known to CARRIER as a result of BROKER’s efforts, or: here the traffic of the shipper, consignor, consignee or customer of the BROKER was first tendered to the CARRIER by the BROKER. If CARRIER breaches this agreement and back-solicits the BROKER’s customers, and obtains traffic from such a customer, the BROKER then is entitled, for a period of (24) months after the involved traffic first begins to move, to a commission from the CARRIER of (20%) of the transportation revenue received on the movement of the traffic.
