BACK SOLICITATION. CARRIER shall not solicit traffic from any shipper, consignor, consignee or customer of BROKER where
a) The availability of such traffic first became known to CARRIER as a result of BROKER’s efforts, or:
b) here the traffic of the shipper, consignor, consignee or customer of the BROKER was first tendered to the CARRIER by the BROKER. If CARRIER breaches this agreement and back- solicits the BROKER’s customers, and obtains traffic from such a customer, the BROKER then is entitled, for a period of (24) months after the involved traffic first begins to move, to a commission from the CARRIER of (25%) of the transportation revenue received on the movement of the traffic.
BACK SOLICITATION. CARRIER shall not solicit traffic from any shipper, 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) where the traffic was first tendered to CARRIER by BROKER. If the CARRIER breaches this provision of this AGREEMENT, BROKER shall be entitled—as reasonable liquidated damages and not as a penalty—to a commission of fifteen percent of the gross revenue from such traffic to CARRIER for a period of fifteen months. CARRIER also agrees that the breach of this provision entitles BROKER to be entitled to obtain an injunction against CARRIER in a court of competent jurisdiction, at BROKER’s option.
BACK SOLICITATION. CARRIER shall not knowingly solicit freight shipments (or accept shipments) for a period of 15 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.
BACK SOLICITATION. CUSTOMER shall not solicit the services of BROKER’s motor carriers when the CUSTOMER’s use of such carrier first occurred through the BROKER’s efforts. If the CUSTOMER breaches this provision of this AGREEMENT, BROKER shall be entitled, as reasonable damages and not as a penalty, to a commission of fifteen (15) percent of the gross revenue from traffic assigned by CUSTOMER to such carrier for a period of fifteen (15) months. CUSTOMER also agrees that the breach of this provision intitles BROKER to be entitled to obtain an injunction against CUSTOMER in a court of competent jurisdiction, at BROKER’s option.
BACK SOLICITATION. (a) CARRIER and BROKER agree that BROKER, at great expense, has developed a broad customer base of Shippers, receivers and vendors that is essential to the successful operations of the BROKER. CARRIER and BROKER agree that disclosure of the identity of one or more of BROKER said customers to CARRIER constitutes valuable consideration. During the term of this AGREEMENT and for a period of one (1) year from its termination, CARRIER shall not, directly or indirectly, solicit or do business of a transportation or warehousing nature with any of BROKER's customers who are serviced by CARRIER as a result of this AGREEMENT unless otherwise agreed by the parties in writing.
(b) Solicitation prohibited under this AGREEMENT means participation in any conduct, whether direct or indirect, the purpose of which involves transportation and/or handling of property by CARRIER for which CARRIER does, or did in the past, provide such services for that customer under arrangements first made or procured by BROKER. Solicitation includes conduct initiated or induced by CARRIER, or accepted by CARRIER upon inducement by BROKER's customer.
(c) If CARRIER should perform services of a transportation or warehousing nature for compensation for any BROKER customer without prior documented authorization from BROKER during the applicable time period in violation of this AGREEMENT, CARRIER shall pay to BROKER within ten (10) days of each such violation an amount equal to ten percent (20%) of all revenues invoiced by CARRIER to the solicited customer.
(d) BROKER shall identify its customers to CARRIER as each first load from each customer is tendered to CARRIER. Carrier's acceptance of the load and movement of the property will acknowledge that this new Customer is a BROKER customer. CARRIER has ten (10) days after such "first load" is accepted by CARRIER to Challenge, in writing, why the customer should not be considered a BROKER customer. In any case of challenge, BROKER and CARRIER will agree in writing exactly how this customer will be handled.
BACK SOLICITATION. CARRIER shall not knowingly solicit shipments (or accept shipments) for a period of 15 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. In the event of breach of this provision, BROKER shall be entitled, for a period of twelve (12) months following delivery of the last shipment transported by CARRIER under this Agreement, to a commission of fifteen percent (15%) 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.
BACK SOLICITATION. During the period of the term hereof, and for a period of two (2) years from the date of the termination of this Agreement, neither Broker nor its retained carrier shall directly or indirectly solicit or otherwise contact any person or customer of Boost for whom service has been provided pursuant to this Agreement. Should Broker or its retained carrier back solicit and participate in such traffic, Broker shall pay to Boost a commission of 15% of any revenue derived therefrom.
BACK SOLICITATION. CUSTOMER shall not solicit the services of BROKER’s motor carriers where the CUSTOMER’s use of such carrier first occurred through the BROKER’s efforts. If the CUSTOMER breaches this provision of this AGREEMENT, BROKER shall be entitled, as reasonable damages and not as a penalty, to a commission of fifteen percent of the gross revenue from traffic assigned by CUSTOMER to such carrier for a period of fifteen months. CUSTOMER also agrees that the breach of this provision
BACK SOLICITATION. (a) CARRIER shall not solicit traffic from any shipper, 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) where the traffic of the shipper, consignee or customer of the BROKER was first tendered to the CARRIER by the BROKER. If CARRIER "back-solicits" the BROKER's customers and obtains traffic from such customers in violation of this Paragraph of the Agreement, CARRIER shall be deemed to be in material breach of this Agreement.
(b) As compensation for such material breach, BROKER shall be entitled to receive and CARRIER shall pay a monthly commission in the amount of fifteen (15%) percent of the monthly transportation revenue billed by CARRIER for such traffic, and such commissions shall be due and payable within thirty (30) days after the billing date, and such commissions shall be due and payable for a period of 18 months after the date on which CARRIER first begins to move the involved traffic in violation of this Paragraph. In the event BROKER is required to engage legal counsel or initiate legal proceedings to enforce the provisions of this paragraph of the Agreement, CARRIER shall be liable for all reasonable attorneys' fees incurred in connection therewith.
BACK SOLICITATION. (i) Provider shall not knowingly, directly or indirectly, solicit freight shipments from any customer of MFI when such shipments were first tendered to Provider by MFI, or when such customers of MFI were first introduced to Provider. Customers of MFI are defined as:
(ii) In the even of breach of this provision, MFI shall be entitled, for a period of one year following delivery of the last shipment transported by Provider under this Agreement, to a commission of ten percent (10%) of the gross transportation revenue including assessorial charges (as evidence by freight bills) received by Provider for the transportation of said freight as liquidated damages. Additionally, MFI may seek injunctive relief and in the event MFI is successful, Provider shall be liable for all costs and expenses incurred by MFI, including, but not limited to, costs, expenses, and reasonable attorney fees.
