Common use of NO BACK SOLICITATION Clause in Contracts

NO BACK SOLICITATION. CARRIER shall not solicit or accept freight shipments from any customer of BROKER, when: (a) the availability of such shipments first became known to CARRIER as a result of BROKER’s efforts; and/or (b) where the shipments of BROKER’s customer were tendered to the CARRIER by the BROKER at any time prior to CARRIER’s delivery of any freight for said customer. 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 ten percent (10%) of the 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 related thereto, including, but not limited to, reasonable attorney's fees.

NO BACK SOLICITATION. CARRIER shall not solicit or accept freight shipments from any shipper, consignor, or consignee, or other customer of BROKER, when: (a) the availability of such shipments first became known to CARRIER as a result of BROKER’s ’S efforts; and/or or (b) where the such shipments of BROKER’s the shipper, consignor or consignee or BROKER customer were was first tendered to the CARRIER by the BROKER at any time prior to CARRIER’s delivery of any freight for said customerBROKER. In the event of breach of this provision, BROKER shall be entitled, for a period of twelve eighteen (1218) months following delivery of the last shipment transported by CARRIER under this Agreement, to a commission of ten six percent (106%) of the 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 successfulrelief, CARRIER shall be liable for all costs and expenses incurred by BROKER related thereto, including, but not limited to, reasonable attorney's ’s fees.

NO BACK SOLICITATION. (i) Unless otherwise agreed in writing, CARRIER shall not knowingly solicit freight shipments (or accept freight shipments shipments) for a period of _ month(s) following termination of this agreement for any reason, from any shipper, consignor, consignee, or other customer of BROKER, when: (a) the availability of when such shipments of shipper customers were first became known tendered to CARRIER as a result of by BROKER’s efforts; and/or . (bOPTIONAL) (ii) where the shipments of BROKER’s customer were tendered to the CARRIER by the BROKER at any time prior to CARRIER’s delivery of any freight for said customer. 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 ten percent (10( %) 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 related theretoBROKER, including, but not limited to, reasonable attorney's fees.