Common use of NO BACK SOLICITATION Clause in Contracts

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. 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 Parties agree that the prohibitions described in this section Section 7 shall continue during the term of this Agreement and for a period of one (1) year after termination of this Agreement. The parties Parties agree that it would be difficult to determine the amount of actual damages TDIS would suffer for a breach of this sectionSection 7, 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 sectionSection 7.

NO BACK SOLICITATION. Contractor agrees that under no circumstances will it communicate directly with customers introduced to Contractor by TDIS TRIPLE CROWN without the written permission of TDISTRIPLE CROWN, except for operational purposes to facilitate the handling of a TDIS TRIPLE CROWN 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 TRIPLE CROWN 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 before 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 TDISTRIPLE CROWN. 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 TRIPLE CROWN would suffer for a breach of this section, and accordingly agree to the amount of $500 500.00 USD 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.