NO BACK SOLICITATION i. Unless otherwise agreed in writing, CARRIER shall not knowingly solicit freight shipments for a period of 24 or months 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.
NO BACK SOLICITATION. In recognition of the fact that each of the Parties has invested substantial effort and money in developing its customers and each Party may separately procure new accounts during the term of this Agreement, the Parties expressly agree that:
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. (OPTIONAL)
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.
NO BACK SOLICITATION. CARRIER shall not knowingly solicit freight shipments from any shipper, consignor, or consignee, or other customer of BROKER, when: such shipments of the shipper, consignor, or consignee or BROKER customer were first tendered to the CARRIER by the BROKER. In the event of breach of this provision, BROKER shall be entitled, for a period of 90 days following delivery of the last shipment transported by CARRIER under this Agreement, to a commission of 15% of the gross transportation revenue (as evidenced by freight bills) received by CARRIER for the transportation of said freight as liquidated damages. In the event BROKER has to seek injunctive relief and is successful, CARRIER shall be liable for all costs and expenses incurred by BROKER, including, but not limited to, reasonable attorney’s fees.
NO BACK SOLICITATION. Contractor agrees that under no circumstances will it communicate directly with customers introduced to Contractor by TDIS without the written permission of TDIS, except for operational purposes to facilitate the handling of a TDIS shipment. It is understood by Contractor that the provisions of this paragraph relate to back solicitation. Contractor agrees that neither it nor its employees, agents, subcontractors or affiliates will approach customers introduced to Contractor by TDIS for the purpose of selling its service directly or accepting traffic from such customers. However, the preceding sentence will not apply to Contractor with respect to customers that have purchased services directly from Contractor within two (2) years from the effective date of this Agreement. Notwithstanding the foregoing, however, Contractor is in no event permitted to back solicit traffic that it is handling for TDIS. The parties agree that the prohibitions described in this section shall continue during the term of this Agreement and for a period of one (1) year after termination of this Agreement. The parties agree that it would be difficult to determine the amount of actual damages TDIS would suffer for a breach of this section, and accordingly agree to the amount of $500 per shipment as liquidated damages, and not as a penalty, for each shipment that is tendered to Contractor, by any person, in violation of this section.
NO BACK SOLICITATION. (i) CARRIER shall not knowingly solicit freight shipments (or accept shipments) during the term of this Agreement and for a period of 24 month(s) following termination of this Agreement for any reason, from any shipper, consignor, consignee, or other customer of BROKER, where (1) the availability of such traffic became known to CARRIER as a result of BROKER’s efforts, or (2) the traffic was first tendered to CARRIER by BROKER, either directly or indirectly.
NO BACK SOLICITATION. CARRIER shall not solicit traffic from any shipper, consignor, consignee or customer of BROKER where
NO BACK SOLICITATION. A. Acceptance by Carrier of a load offered by FLI will constitute Carrier's recognition that the shipper of the load is a customer of FLI.
NO BACK SOLICITATION. In recognition of the fact that each of the Parties has invested substantial effort and money in developing its customers and each Party may separately procure new accounts during the term of this Agreement, the Parties expressly agree that: TDIS is a wholesale transportation company selling to companies operating under an MC or DOT number. TDIS will not sell directly to any Shipper or Consignee introduced by Party A. This non-solicitation provision shall be in force and effect during the term of this Agreement and for a period of one (1) year from the date of the termination of this Agreement for any reason. If Shipper or Consignee provides written notice to TDIS that Party A has been terminated, TDIS may provide Intermodal Services to any carrier, broker or freight forwarder replacing Party A.
