Common use of NO BACK SOLICITATION Clause in Contracts

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.

NO BACK SOLICITATION. i. Unless otherwise agreed in writing, CARRIER shall not solicit freight shipments (or accept shipments) during this agreement and 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.

NO BACK SOLICITATION. i. Unless otherwise agreed in writing, CARRIER shall not not, directly or indirectly, solicit freight shipments (or accept shipmentsunless tendered to CARRIER by BROKER, any shipment(s) for a period of twelve (12) month(s) following termination of this Agreement for any reason, from any shipper, consignor, consignee, consignee or other customer of any Participating BROKER, when such shipments a shipment of shipper customers were the shipper, consignor, consignee or other customer of BROKER was first tendered to CARRIER by BROKER, or when such Participating shipper, consignor, consignee or other customer of BROKER was first introduced to CARRIER by BROKER. ii. In the event of a breach of this provisionSection 4, BROKER shall be entitled, for a period of one eighteen (118) year months following delivery of the last shipment transported by CARRIER under this Agreement, to fifteen a commission of fifty percent (1550%) of the gross transportation revenue revenue, including accessorial charges (as evidenced by freight bills) invoiced the Tender Document), received by CARRIER for the transportation of said freight each such shipment as liquidated damages. In Additionally, BROKER may seek injunctive relief and in the event of violation of this paragraph 4(e)BROKER is successful, 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 CARRIER shall be liable for all costs and expenses incurredincurred by BROKER, including including, but not limited to to, costs, expenses and reasonable attorney's attorneys’ fees.