Common use of NO BACK SOLICITATION Clause in Contracts

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.

Appears in 1 contract

Samples: Broker Carrier Agreement

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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 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 twelve months following delivery of the last shipment transported by CARRIER under this Agreement, to a commission of FIFTEEN PERCENT (15percent ( %) 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, 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

Samples: Broker Carrier Agreement

NO BACK SOLICITATION. (i) NO COMPETITION / NO INTERFERENCE i. Unless otherwise agreed in writing, CARRIER shall not knowingly solicit freight shipments (or accept shipments) for a period of twelve months twenty-four (24) 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. (ii) . In the event of breach of this provision, BROKER shall be entitled, for a period of twelve twenty-four (24) months following delivery of the last shipment transported by CARRIER under this Agreement, to a commission of FIFTEEN PERCENT twenty percent (1520%) 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, 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

Samples: 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 twelve months 24 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) (ii) In the event of breach of this provision, BROKER shall be entitled, for a period of twelve 24 months following delivery of the last shipment transported by CARRIER under this Agreement, to a commission of FIFTEEN PERCENT twenty percent (1520%) 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, 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

Samples: 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 twelve months (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. (ii) 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 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, 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

Samples: Broker/Carrier Agreement

NO BACK SOLICITATION. (i) i. Unless otherwise agreed in writing, CARRIER shall not knowingly solicit freight shipments (or accept shipments) for a period of twelve months 24 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.. Initial Page (ii) . In the event of breach of this provision, BROKER shall be entitled, for a period of twelve 18 months following delivery of the last shipment transported by CARRIER under this Agreement, to a commission of FIFTEEN PERCENT Fifty percent (1550%) of the gross transportation revenue (as evidenced by freight bills) received by CARRIER for the transportation of said freight as liquidated damages, and such commission shall be due and payable within Thirty (30) days after billing date. Additionally, BROKER may seek injunctive relief, 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

Samples: Carrier Broker Contract

NO BACK SOLICITATION. (i) i. Unless otherwise agreed in writing, CARRIER shall not knowingly solicit freight shipments (or accept shipments) for a period of twelve months 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. (ii) . 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 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 reliefrelief and, and in the event event, that 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

Samples: Carrier Agreement

NO BACK SOLICITATION. (i) Unless otherwise agreed in writing, CARRIER Carrier shall not knowingly solicit freight shipments (or accept shipments) for a period of twelve months twenty-four (24) months(s) following termination of this agreement Agreement for any reason, from any shipper, consignor, consignee, consignor or consignee or other customer of BROKERBroker, when the availability of such shipments first became known to Carrier as a result of Xxxxxx’s efforts, or where such shipments of shipper customers were first tendered to CARRIER Carrier by BROKER. (ii) Broker. In the event of breach of this provision, BROKER Broker shall be entitled, for a period of twelve (12) months following delivery of the last shipment transported by CARRIER Carrier under this Agreement, to a commission of FIFTEEN PERCENT fifteen percent (15%) of the gross transportation revenue (as evidenced by freight bills) received by CARRIER Carrier for the transportation of said freight as liquidated damages. Additionally, BROKER Broker may seek injunctive relief, relief and in the event it is successful, CARRIER Carrier shall be liable for all costs and expenses incurred by BROKERXxxxxx, including, but not limited to, reasonable attorney's fees.

Appears in 1 contract

Samples: Broker Carrier Agreement

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NO BACK SOLICITATION. (i) i. Unless otherwise agreed in writing, CARRIER shall not knowingly solicit freight shipments (or accept shipments) for a period of twelve 24 or months following termination of this agreement for any reason, from any shipper, consignor, consignee, or other customer of BROKERUNITED FREIGHT BROKERAGE, when such shipments of shipper customers were first tendered to CARRIER by BROKERUNITED FREIGHT BROKERAGE. (ii) . In the event of breach of this provision, BROKER UNITED FREIGHT BROKERAGE shall be entitled, for a period of twelve 36 or months following delivery of the last shipment transported by CARRIER under this Agreement, to a commission of FIFTEEN PERCENT twenty percent (1520% 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 UNITED FREIGHT BROKERAGE may seek injunctive relief, relief and in the event it is successful, CARRIER shall be liable for all costs and expenses incurred by BROKERUNITED FREIGHT BROKERAGE, including, but not limited to, reasonable attorney's fees.

Appears in 1 contract

Samples: Transportation 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 24 (twenty-four) 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. (ii) In the event of breach of this provision, BROKER shall be entitled, for a period of twelve 24 (twenty-four) months following delivery of the last shipment transported by CARRIER under this Agreement, to a commission of FIFTEEN PERCENT 15 (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, relief and in the event 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

Samples: Carrier Agreement

NO BACK SOLICITATION. (i) i. Unless otherwise agreed in writing, CARRIER shall not knowingly solicit freight shipments (or accept shipments) for a period of twelve months 12 month(s) following termination of this agreement for any reason, from any shipper, consignor, consignee, or Initial Page 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 18 months following delivery of the last shipment transported by CARRIER under this Agreement, to a commission of FIFTEEN PERCENT Fifty percent (1550%) of the gross transportation revenue (as evidenced by freight bills) received by CARRIER for the transportation of said freight as liquidated damages, and such commission shall be due and payable within Thirty (30) days after billing date. Additionally, BROKER may seek injunctive relief, 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

Samples: Carrier Broker Contract

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 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) (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 (15percent ( %) 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

Samples: Broker Carrier Agreement

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