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.
Appears in 3 contracts
Samples: Broker Carrier Agreement, Broker Carrier Agreement, Broker Carrier Agreement
NO BACK SOLICITATION. (i) Unless otherwise agreed in writing, CARRIER shall not knowingly solicit freight shipments (or accept shipments) during the term of this Agreement and for a period of 24 six (6) month(s) following termination of this Agreement agreement for any reason, from any shipper, consignor, consignee, or other customer of BROKER, where (1) the availability when such shipments of such traffic became known to CARRIER as a result of BROKER’s efforts, or (2) the traffic was shipper customers were first tendered to CARRIER by BROKER, either directly or indirectly.. (OPTIONAL)
(ii) In the event of breach of this provision, BROKER shall be entitled, for a period of 12 six (6) months following delivery of the last shipment transported by CARRIER under this Agreement, to a commission of twenty- five fifty percent (2550%) 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 costsfees.
Appears in 2 contracts
NO BACK SOLICITATION. (i) Unless otherwise agreed in writing, CARRIER shall not knowingly solicit freight shipments (or accept shipments) during the term of this Agreement and for a period of 24 12 month(s) following termination of this Agreement agreement for any reason, from any shipper, consignor, consignee, or other customer of BROKER, where (1) the availability when such shipments of such traffic became known to CARRIER as a result of BROKER’s efforts, or (2) the traffic was shipper customers were first tendered to CARRIER by BROKER, either directly or indirectly.. (OPTIONAL)
(ii) In the event of breach of this provision, BROKER shall be entitled, for a period of 12 Twelve months following delivery of the last shipment transported by CARRIER under this Agreement, to a commission of twenty- 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 costsfees.
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) during the term of this Agreement and for a period of 24 _ month(s) following termination of this Agreement agreement for any reason, from any shipper, consignor, consignee, or other customer of BROKER, where (1) the availability when such shipments of such traffic became known to CARRIER as a result of BROKER’s efforts, or (2) the traffic was shipper customers were first tendered to CARRIER by BROKER. If no figure is inserted in the blank, either directly or indirectly.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 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 costsfees.
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) during the term of this Agreement and for a period of 24 _12 month(s) following termination of this Agreement agreement for any reason, from any shipper, consignor, consignee, or other customer of BROKER, where (1) the availability when such shipments of such traffic became known to CARRIER as a result of BROKER’s efforts, or (2) the traffic was shipper customers were first tendered to CARRIER by BROKER. If no figure is inserted in the blank, either directly or indirectly.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 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 costsfees.
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) during the term of this Agreement and for a period of 24 12 month(s) following termination of this Agreement agreement for any reason, from any shipper, consignor, consignee, or other customer of BROKER, where (1) the availability when such shipments of such traffic became known to CARRIER as a result of BROKER’s efforts, or (2) the traffic was shipper customers were first tendered to CARRIER by BROKER. If no figure is inserted in the blank, either directly or indirectly.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 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 costsfees.
Appears in 1 contract
Samples: Broker – Carrier Agreement