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.
ii. In the event of breach of this provision, BROKER shall be entitled, for a period of 36 or months following delivery of the last shipment transported by CARRIER under this Agreement, to a commission of twenty percent (20% or %) 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.
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:
a) BROKER B shall not solicit business from nor perform brokerage services directly or indirectly on behalf of any shipper/consignee/third parties first introduced to it by BROKER A, or through the performance of this Agreement. However, if Broker B has conducted business with such shippers/consignees/third parties prior to entering into this Agreement then Broker B can continue to solicit those traffic lanes previously served. "Traffic lanes" for purposes of this Agreement shall mean origination locations to destination locations for both truckload and LTL shipments.
b) It is further agreed that 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.
c) In the event of non-compliance with the specific provisions of this paragraph, BROKER B shall, upon discovery of breach by BROKER A, be liable to BROKER A for thirty-five percent (35%) of the gross transportation revenue received by BROKER B from said shipper(s) within one (1) year after the date of termination of this Agreement.
NO BACK SOLICITATION. (i) Unless otherwise agreed in writing, CARRIER shall not knowingly solicit freight shipments (or accept shipments) for a period of twelve 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.
(ii) In the event of breach of this provision, BROKER shall be entitled, for a period of twelve 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.
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.
(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 twenty- five 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 and court costs.
NO BACK SOLICITATION i. Unless otherwise agreed in writing, CARRIER shall not knowingly solicit freight 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.
NO BACK SOLICITATION i. Unless otherwise agreed in writing, CARRIER shall not knowingly solicit freight shipments for a period of 24 months following termination of this agreement for any reason, from any shipper, consignor, consignee, or other customer of COSO Logistics, LLC, when such shipments of shipper customers were first tendered to CARRIER by COSO Logistics, LLC.
xx. Xx the event of breach of this provision, COSO Logistics, LLC shall be entitled, for a period of 36 months following delivery of the last shipment transported by CARRIER under this Agreement, to a commission of twenty percent (20%) of the gross transportation revenue (as evidenced by freight bills) received by CARRIER for the transportation of said freight as liquidated damages. Additionally, COSO Logistics, LLC may seek injunctive relief and in the event it is successful, CARRIER shall be liable for all costs and expenses incurred by COSO Logistics, LLC, including, 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. CARRIER shall not solicit or accept freight shipments from any customer of BROKER, when: (a) the availability of such shipments first became known to CARRIER as a result of BROKER’s efforts; and/or (b) where the shipments of BROKER’s customer were tendered to the CARRIER by the BROKER at any time prior to CARRIER’s delivery of any freight for said customer. 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 ten percent (10%) of the 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 related thereto, 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. Unless otherwise agreed in writing, CARRIER shall not solicit freight shipments (or accept shipments) for a period of twelve (12) month(s) following termination of this Agreement for any reason, from any shipper, consignor, consignee, or other customer of any Participating BROKER, when such shipments of shipper customers were first tendered to CARRIER by such Participating BROKER.
ii. In the event of breach of this provision, BROKER shall be entitled, for a period of one (1) year following delivery of the last shipment transported by CARRIER under this Agreement, to fifteen percent (15%) of the gross transportation revenue (as evidenced by freight bills) invoiced by CARRIER for the transportation of said freight as liquidated damages. In the event of violation of this paragraph 4(e), the Parties agree that any remedy at law, including monetary damages, may be inadequate, and that the Parties shall be entitled, in addition to any other remedy they may have, to an injunction restraining the violating Party from further violation of this Agreement in which case the prevailing Party shall be liable for all costs and expenses incurred, including but not limited to reasonable attorney's fees.
