Common use of NO BACK SOLICITATION Clause in Contracts

NO BACK SOLICITATION. Unless otherwise agreed in writing, CARRIER shall not solicit freight shipments for a period of 12 months following termination of this agreement for any reason, from any SHIPPER, consignor, consignee or customer of BROKER, when such shipments of SHIPPER were first tendered to CARRIER by BROKER. In the event of breach of this provision, BROKER shall be entitled, for a period of 12 months following delivery of the last shipment transported by CARRIER under this Agreement, to a commission of Ten percent (10%) 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, but not limited to, reasonable attorney’s fees.

Appears in 4 contracts

Samples: Carrier/Broker Agreement, Carrier/Broker Agreement, Carrier/Broker Agreement

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NO BACK SOLICITATION. i. Unless otherwise agreed in writing, CARRIER shall not knowingly solicit freight shipments for a period of 12 36 months following termination of this agreement for any reason, from any SHIPPERshipper, consignor, consignee consignee, or other customer of BROKER, when such shipments of SHIPPER shipper customers were first tendered to CARRIER by BROKER. ii. In the event of breach of this provision, BROKER shall be entitled, for a period of 12 36 months following delivery of the last shipment transported by CARRIER under this Agreement, to a commission of Ten twenty percent (1020%) 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 incurredincurred by BROKER, including, but not limited to, reasonable attorney’s 's fees.

Appears in 1 contract

Samples: Transportation Agreement

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NO BACK SOLICITATION. Unless otherwise agreed in writing, CARRIER shall not knowingly solicit freight shipments for a period of 12 months following termination of this agreement for any reason, from any SHIPPERshipper, consignor, consignee consignee, or other customer of BROKER, when such shipments of SHIPPER 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 12 months following delivery of the last shipment transported by CARRIER under this Agreement, to a commission of Ten ten percent (10%) 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 relief, and in the event event, it is successful, CARRIER shall be liable for all costs and expenses incurredincurred by BROKER, including, but not limited to, reasonable attorney’s 's fees.

Appears in 1 contract

Samples: Broker Carrier Agreement

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