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.
Appears in 2 contracts
Samples: Carrier Agreement, 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 24 months 18 month(s) following termination of this agreement for any reason, from any shipper, consignor, consignee, or other customer of COSO Logistics, LLCBROKER, when such shipments of shipper customers were first tendered to CARRIER by COSO Logistics, LLC.BROKER. (OPTIONAL)
xx. Xx (ii) In the event of breach of this provision, COSO Logistics, LLC BROKER shall be entitled, for a period of 36 18 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 BROKER may seek injunctive relief and in the event it is successful, CARRIER shall be liable for all costs and expenses incurred by COSO Logistics, LLCBROKER, including, but not limited to, reasonable attorney's fees.
Appears in 1 contract
Samples: Carrier Setup Checklist
NO BACK SOLICITATION. i. Unless (i) bUnless otherwise agreed in writing, CARRIER shall not knowingly solicit freight shipments (or accept shipments) for a period of 24 months month(s) following termination of this agreement for any reason, from any shipper, consignor, consignee, or other customer of COSO Logistics, LLCBROKER, when such shipments of shipper customers were first tendered to CARRIER by COSO Logistics, LLC.BROKER. (OPTIONAL)
xx. Xx (ii) In the event of breach of this provision, COSO Logistics, LLC BROKER shall be entitled, for a period of 36 12 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 BROKER may seek injunctive relief and in the event it is successful, CARRIER shall be liable for all costs and expenses incurred by COSO Logistics, LLCBROKER, 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 24 months 12 month(s) following termination of this agreement for any reason, from any shipper, consignor, consignee, or other customer of COSO Logistics, LLCBROKER, when such shipments of shipper customers were first tendered to CARRIER by COSO Logistics, LLC.BROKER. (OPTIONAL)
xx. Xx (ii) In the event of breach of this provision, COSO Logistics, LLC BROKER shall be entitled, for a period of 36 12 months following delivery of the last shipment transported by CARRIER under this Agreement, to a commission of twenty twenty-five percent (2025%) 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 BROKER may seek injunctive relief and in the event it is successful, CARRIER shall be liable for all costs and expenses incurred by COSO Logistics, LLCBROKER, including, but not limited to, reasonable attorney's fees.
Appears in 1 contract
Samples: Broker Carrier Agreement