SUB-CONTRACT PROHIBITION. Carrier expressly agrees that all freight tendered to it by Broker shall be transported on equipment operated only under the authority of Carrier, and that Carrier shall not in any manner sub-contract, broker, or in any other form arrange for the freight to be transported by a third party without the prior written consent of Broker. If Carrier breaches this provision, Broker shall have the right of paying the monies it owes Carrier directly to the delivering Carrier, in lieu of payment to Carrier. Upon Broker’s payment to delivering Carrier, Carrier shall not be released from any liability to Broker under this agreement. In addition to the indemnity obligation reflected in this agreement the Carrier will be liable for consequential damages for violation of this clause of the agreement.
Appears in 10 contracts
Samples: Broker / Carrier Agreement, Broker / Carrier Agreement, Transportation Agreement
SUB-CONTRACT PROHIBITION. Carrier expressly agrees that all freight tendered to it by Broker shall be transported on equipment operated only under the authority of Carrier, and that Carrier shall not in any manner sub-contract, broker, or in any other form arrange for the freight to be transported by a third party without the prior written consent of Broker. If Carrier breaches this provision, Broker shall have the right of paying the monies it owes Carrier directly to the delivering Carrier, in lieu of payment to Carrier. Upon BrokerXxxxxx’s payment to delivering Carrier, Carrier shall not be released from any liability to Broker under this agreement. In addition to the indemnity obligation reflected in this agreement the Carrier will be liable for consequential damages for violation of this clause of the agreement.
Appears in 6 contracts
Samples: Transportation Agreement, Broker/Carrier Agreement, Carrier Agreement
SUB-CONTRACT PROHIBITION. Carrier expressly agrees that all freight tendered to it by Broker Xxxxxx shall be transported on equipment operated only under the authority of Carrier, and that Carrier shall not in any manner sub-contract, re-broker, co- broker, assign, transfer or in any other form arrange for the freight to be transported by a third party without the prior written consent of Broker. If Carrier breaches this provision, among other remedies, Broker shall have the right of paying the monies it owes Carrier directly to the delivering Carriercarrier, in lieu of payment to Carrier. Upon Broker’s payment to delivering Carriercarrier, Carrier shall not be released from any liability to Broker under this agreement. In addition to the indemnity obligation reflected in this agreement the Carrier will be liable for consequential damages for violation of this clause of the agreement.
Appears in 1 contract
Samples: Broker Carrier Agreement