Common use of Confidentiality and Non-Solicitation Clause in Contracts

Confidentiality and Non-Solicitation. Neither party may disclose the terms of this Agreement to third party without the written consent of the other party except (1) as required by law or regulation; (2) disclosure is made to its parent, subsidiary or affiliate company; or (3) to facilitate rating or auditing of transportation charges by an authorized agent and such agent agrees to keep the terms of the Agreement confidential. Xxxxxxx will not solicit traffic from any shipper, consignor, consignee or customer of Broker where (1) the availability of such traffic first became known to Carrier as a result of Broker’s efforts, or (2) the traffic of the shipper, consignor, consignee or Customer of Broker was first tendered to Carrier by Broker. If Carrier breaches this Agreement and directly or indirectly solicits traffic from customers of Broker and obtains traffic from such customer during the term of this Agreement or for twelve (12) months thereafter, Carrier shall be obligated to pay Broker, for a period of fifteen (15) months thereafter, commission in the amount of thirty-five percent (35%) of the transportation revenue resulting from traffic transported for the Customer, and Carrier shall provide Broker with all documentation requested by Broker to verify such transportation revenue.

Appears in 2 contracts

Samples: Transportation Contract, Transportation Contract

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Confidentiality and Non-Solicitation. Neither party may disclose the terms of this Agreement to a third party without the written consent of the other party except (1) as required by law or regulation; (2) disclosure is made to its parent, subsidiary or affiliate company; or (3) to facilitate rating or auditing of transportation charges by an authorized agent and such agent agrees to keep the terms of the Agreement confidential. Xxxxxxx Carrier will not solicit traffic from any shipper, consignor, consignee or customer of Broker where (1) the availability of such traffic first became known to Carrier as a result of Broker’s effortseffort, or (2) the traffic of the shipper, consignor, consignee or Customer of Broker was first tendered to Carrier by Broker. If Carrier breaches this Agreement and directly or indirectly solicits traffic from customers of Broker and obtains traffic from such customer during the term of this Agreement or for twelve (12) months thereafter, Carrier shall be obligated to pay Broker, for a period of fifteen (15) months thereafter, commission in the amount of thirty-thirty- five percent (35%) of the transportation revenue resulting from traffic transported for the Customer, and Carrier shall provide Broker with all documentation requested by Broker to verify such transportation revenue.

Appears in 1 contract

Samples: Transportation Brokerage Contract

Confidentiality and Non-Solicitation. Neither party may disclose the terms of this Agreement to a third party without the written consent of the other party except (1) as required by law or regulation; (2) disclosure is made to its parent, subsidiary or affiliate company; or (3) to facilitate rating or auditing of transportation charges by an authorized agent and such agent agrees to keep the terms of the Agreement confidential. Xxxxxxx CARRIER will not solicit traffic from any shipper, consignor, consignee or customer of Broker BROKER where (1) the availability of such traffic first became known to Carrier CARRIER as a result of Broker’s BROKER's efforts, or (2) the traffic of the shipper, consignor, consignee or Customer of Broker BROKER was first tendered to Carrier CARRIER by BrokerBROKER. If Carrier CARRIER breaches this Agreement and directly or indirectly solicits traffic from customers of Broker BROKER and obtains traffic from such customer during the term of this Agreement or for twelve (12) months thereafter, Carrier CARRIER shall be obligated to pay BrokerBROKER, for a period of fifteen (15) months thereafter, commission in the amount of thirty-five percent (35%) of the transportation revenue resulting from traffic transported for the Customer, and Carrier CARRIER shall provide Broker BROKER with all documentation requested by Broker BROKER to verify such transportation revenue.

Appears in 1 contract

Samples: Transportation Brokerage Contract

Confidentiality and Non-Solicitation. Neither party may disclose the terms of this Agreement to a third party without the written consent of the other party except except: (1) as required by law or regulation; (2) disclosure is made to its parent, subsidiary or affiliate company; or (3) to facilitate rating or auditing of transportation charges by an authorized agent and such agent agrees to keep the terms of the Agreement confidential. Xxxxxxx , CARRIER will not solicit traffic from any shipper, consignor, consignee or customer of Broker BROKER where (1) the availability of such traffic first became known to Carrier CARRIER as a result of Broker’s BROKER’S efforts, or (2) the traffic of the shipper, consignor, consignee or Customer of Broker BROKER was first tendered to Carrier CARRIER by BrokerBROKER. If Carrier CARRIER breaches this Agreement and directly or indirectly solicits traffic from customers of Broker BROKER and obtains traffic from such customer during the term of this the Agreement or for twelve (12) months thereafter, Carrier CARRIER shall be obligated to pay BrokerBROKER, for a period of fifteen (15) months thereafter, commission in the amount of thirty-five percent (35%) of the transportation revenue resulting from traffic transported for the Customer, and Carrier CARRIER shall provide Broker BROKER with all documentation requested by Broker BROKER to verify such transportation revenue.

Appears in 1 contract

Samples: Broker Carrier Agreement

Confidentiality and Non-Solicitation. Neither party may disclose the terms term of this Agreement to a third party without the written consent of the other party except (1) as required by law or regulation; (2) disclosure is made to its parent, subsidiary or affiliate company; or (3) to facilitate rating or auditing of or transportation charges by an authorized agent and such agent agrees to keep the terms of . the Agreement confidential. Xxxxxxx CARRIER will not solicit traffic from any shipper, consignor, consignee or customer Customer of Broker BROKER where (1) the availability of such traffic first became known to Carrier CARRIER as a result of Broker’s BROKER's efforts, or (2) the traffic of the shipper, consignor, consignee or Customer of Broker BROKER was first tendered to Carrier CARRIER by BrokerBROKER. If Carrier CARRIER breaches this Agreement and directly or indirectly solicits traffic from customers of Broker BROKER and obtains traffic from such customer during the term of this Agreement or for twelve (12) months thereafter, Carrier CARRIER shall be obligated to pay BrokerBROKER, for a period of fifteen (15) months thereafter, commission in the amount of thirty-five percent (35%) of the transportation revenue resulting from traffic transported for the Customer, and Carrier CARRIER shall provide Broker BROKER with all documentation requested by Broker BROKER to verify such transportation revenue.

Appears in 1 contract

Samples: Ttsi Brokerage Transportation Brokerage Contract

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Confidentiality and Non-Solicitation. Neither party may disclose the terms of this Agreement to a third party without the written consent of the other party except (1) as required by law or regulation; (2) disclosure is made to its parent, subsidiary or affiliate company; or (3) to facilitate rating or auditing of transportation charges by an authorized agent and such agent agrees to keep the terms of the Agreement confidential. Xxxxxxx CARRIER will not solicit traffic from any shipper, consignor, consignee or customer of Broker Independent where (1) the availability of such traffic first became known to Carrier CARRIER as a result of BrokerIndependent’s efforts, or (2) the traffic of the shipper, consignor, consignee or Customer of Broker Independent was first tendered to Carrier CARRIER by BrokerIndependent. If Carrier CARRIER breaches this Agreement and directly or indirectly solicits traffic from customers of Broker Independent and obtains traffic from such customer customers during the term of this Agreement or for twelve (12) months thereafter, Carrier CARRIER shall be obligated to pay BrokerIndependent, during the term of this Agreement and for a period of fifteen (15) months thereafterfollowing its termination, commission in the amount of thirty-five percent (35%) of the transportation revenue resulting from traffic transported for the Customer, and Carrier CARRIER shall provide Broker Independent with all documentation requested by Broker Independent to verify such transportation revenue.

Appears in 1 contract

Samples: Broker – Carrier Agreement

Confidentiality and Non-Solicitation. Neither party may disclose the terms of this Agreement to a third party without the written consent of the other party except (1) as required by law or regulation; (2) disclosure is made to its parent, subsidiary or affiliate company; or (3) to facilitate rating or auditing of transportation charges by an authorized agent person and such agent person agrees to keep the terms of the this Agreement confidential. Xxxxxxx CARRIER will not solicit solicit, accept or transport traffic from any shipper, consignor, consignee or customer Customer of Broker BROKER where (1) the availability of such traffic first became known to Carrier CARRIER as a result of BrokerBROKER’s efforts, or (2) the traffic of the shipper, consignor, consignee or Customer of Broker BROKER was first tendered to Carrier CARRIER by BrokerBROKER. If Carrier CARRIER breaches this Agreement and directly or indirectly solicits solicits, accepts or transports traffic from customers Customers of Broker BROKER and obtains traffic from such customer during the term of this Agreement or of for twelve (12) months thereafter, Carrier CARRIER shall be obligated to pay BrokerBROKER, for a period of fifteen (15) months thereafter, commission in the amount of thirty-five twenty percent (3520%) of the transportation revenue resulting from traffic transported for the Customer, and Carrier CARRIER shall provide Broker BROKER with all documentation requested by Broker BROKER to verify such transportation revenue.

Appears in 1 contract

Samples: Broker Carrier Agreement

Confidentiality and Non-Solicitation. Neither party may disclose the terms of this Agreement agreement to third party any person without the prior written consent of the other party except (1) as required by law or regulation; , (2) disclosure is made to its a party’s parent, subsidiary subsidiary, or affiliate company; , or (3) to facilitate rating or auditing of transportation charges by an authorized agent and such agent agrees to keep the terms of the Agreement agreement confidential. Xxxxxxx will Carrier shall not solicit traffic from any shipper, consignor, consignee consignee, or customer of Broker where (1) the availability of such traffic first became known to Carrier as a result of through Broker’s efforts, or (2) the traffic of the shipper, consignor, consignee consignee, or Customer customer of Broker was first tendered to Carrier by Broker. If Carrier breaches this Agreement agreement and directly or indirectly solicits traffic from customers of Broker and obtains traffic from such customer customers during the term of this Agreement agreement or for twelve (12) within 12 months thereafterof its termination, then Carrier shall be obligated to pay Broker, for a period of fifteen (15) 15 months thereafterafter Broker’s discovery of such breach, commission in the amount of thirty-five 35 percent (35%) of the transportation revenue resulting from traffic transported for the Customersuch customer, and Carrier shall provide Broker with all documentation requested by Broker to verify such transportation revenue.

Appears in 1 contract

Samples: Broker Carrier Agreement

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