NO BACK SOLICITATION. (i) Unless otherwise agreed in writing, CARRIER shall not knowingly solicit freight shipments (or accept shipments) for a period of 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. If no figure is inserted in the blank, then 12 months shall be the default term. (OPTIONAL) (ii) In the event of breach of this provision, BROKER shall be entitled, for a period of months following delivery of the last shipment transported by CARRIER under this Agreement, to a commission of percent ( %) 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.
Appears in 1 contract
Sources: Broker Carrier Agreement
NO BACK SOLICITATION. (i) Unless otherwise agreed in writing, CARRIER shall not knowingly solicit freight shipments (or accept shipments) for a period of _12 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. If no figure is inserted in the blank, then 12 months shall be the default term. (OPTIONAL)
(ii) In the event of breach of this provision, BROKER shall be entitled, for a period of months following delivery of the last shipment transported by CARRIER under this Agreement, to a commission of percent ( %) 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.
Appears in 1 contract
Sources: Broker Carrier Agreement
NO BACK SOLICITATION. (i) Unless otherwise agreed in writing, CARRIER shall not knowingly solicit freight shipments (or accept shipments) for a period of 12 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. If no figure is inserted in the blank, then 12 months shall be the default term. (OPTIONAL)
(ii) 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 percent ( (25%) 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.
Appears in 1 contract
Sources: Broker – Carrier Agreement
NO BACK SOLICITATION. (i) Unless otherwise agreed in writing, CARRIER shall not knowingly solicit or accept freight shipments (or accept shipments) for a period of month(s) following termination of this agreement for any reason, from any shipper, consignor, or consignee, or other customer of BROKER, when when: (a) the availiablity of such shipments first became known to CARRIER as a result of BROKER’s efforts; or (b) where such shipments of shipper customers were the shipper, consignor, or consignee or BROKER customer was first tendered to the CARRIER by the BROKER. If no figure is inserted in the blank, then 12 months shall be the default term. (OPTIONAL)
(ii) In the event of breach of this provision, BROKER shall be entitledentilted, for a period of 12 months following delivery of the last shipment transported by CARRIER under this Agreement, to a commission of percent ( fifteen (15%) of the gross transportation revenue (as evidenced evidence by freight bills) received by CARRIER for the transportation of said freight as liquidated damages. AdditionallyAdditonally, BROKER may seek injunctive relief and in the event it is successfulsuccessful in obtaining such injunctive relief, CARRIER shall be liable for all costs and expenses incurred by BROKERBROKER related thereto, including, but not limited to, reasonable attorney's ’s fees.
Appears in 1 contract
Sources: Broker Carrier Agreement
NO BACK SOLICITATION. (i) Unless otherwise agreed in writing, CARRIER shall not knowingly solicit freight shipments (or accept shipments) for a period of _ 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. If no figure is inserted in the blank, then 12 months shall be the default term. (OPTIONAL)
(ii) In the event of breach of this provision, BROKER shall be entitled, for a period of months following delivery of the last shipment transported by CARRIER under this Agreement, to a commission of percent ( (_ %) 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.
Appears in 1 contract
Sources: Broker Carrier Agreement