DOUBLE-BROKERING Sample Clauses
The DOUBLE-BROKERING clause prohibits a party from subcontracting or reassigning a shipment or service to another broker without prior consent. In practice, this means that the original broker must handle the transaction directly and cannot pass the responsibility to a third party unless explicitly authorized by the contracting party. This clause is designed to maintain transparency, ensure accountability, and prevent confusion or disputes that may arise from undisclosed intermediaries in logistics or service agreements.
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DOUBLE-BROKERING. CARRIER agrees not to re-broker or co-broker, assign, interline, or provide substituted service for the shipments hereunder tendered to CARRIER by BROKER without the advance express written authorization of BROKER. If authorization is granted, CARRIER agrees not to use an “Unsatisfactory” or “Conditional” rated carrier. Violation of this policy may be grounds for immediate termination of this Agreement. If BROKER becomes aware of such unauthorized re-brokering activity by CARRIER prior to payment of any compensation otherwise due CARRIER, BROKER may withhold payment to CARRIER and may instead pay appropriate compensation to the carrier who actually transported the shipment. BROKER will deem any acceptance of a shipment by CARRIER as a common or contract carrier and subsequent subcontracting of the shipment to any third party as an assignment of the right to be compensated for that shipment to the third party. Upon Broker’s payment to delivering carrier, CARRIER shall not be released from any liability to BROKER under this Agreement.
DOUBLE-BROKERING. The writing of business produced by another wholesaler or surplus fines general agent, through the Producer, is not permitted without the prior consent of the Manager, and may be considered as grounds for the immediate termination of this Agreement.
DOUBLE-BROKERING. As per 49 USC 13901(c), CARRIER hereby warrants that it is and shall perform the transportation service as a motor carrier under MC# DOT# state in the attached email, and that any person who knowingly authorizes, consents to, or permits, directly or indirectly, either alone or in conjunction with any other person, a violation of this warranty, including but not limited to “double brokering” is liable to BROKER for liquidated damages of $10,000 for each violation plus all valid freight charges, cargo or other claims incurred without regard to amount. BROKER shall also be entitled to its collection and costs of enforcement, interest and attorneys’ fees. The liability for claims under this section for unauthorized, or “double brokering” shall apply, jointly and severally to any corporate entity or partnership involved; and to the individual officers, directors, and principals of such entities, CARRIER agrees that it will transport all loads tendered to it under its own authority, on equipment owned or leased by it, and use employees or independent contractors under contract with it. If CARRIER “brokers” a shipment, CARRIER forfeits the right to collect any freight charges, for that or any other shipment and agrees BROKER may pay such charges directly to the underlying carrier. If BROKER pays CARRIER, CARRIER agrees to pay any and all charges relating to the movement of the shipment, and to indemnify and hold harmless BROKER and/or BROKER’S customers from any and all freight charges claimed to be owed to the underlying motor carrier. CARRIER shall settle all cargo claims that arise in connection with shipments under this agreement as the receiving carrier under 49 USC 14706 regardless of whether it takes possession of the freight or was the actual carrier.