SUBCONTRACT PROHIBITION Sample Clauses

SUBCONTRACT PROHIBITION. Subhauler specifically agrees that all freight tendered to it by Prime Carrier shall be transported on equipment operated only under the authority of Subhauler, and that Subhauler 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 Prime Carrier.
AutoNDA by SimpleDocs
SUBCONTRACT PROHIBITION. CARRIER shall not re-broker, co-broker, subcontract, assign, interline, warehouse, or transfer the transportation of shipments hereunder to any other persons or entity conducting business under a different operating authority, without prior written consent of BROKER. It is expressly understood that CARRIER’s violation of this prohibition shall be deemed a material breach of this contract and shall nullify and vitiate any CARRIER limitation of liabilities or damages herein or otherwise. 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. CARRIER shall also be liable to BROKER or any third party, including the shipper, customer, consignee or any third-party payor, for any and all liabilities for losses, damages or delays resulting in any way from the actions of the carrier utilized. Upon BROKER’s payment to delivering carrier, CARRIER shall not be released from any liability to BROKER under this AGREEMENT. XXXXXXX further agrees that its indemnifications obligations in this AGREEMENT shall also apply for breach of this provision. In addition to the indemnity obligation herein, CARRIER will be liable for consequential damages for violation of this provision.
SUBCONTRACT PROHIBITION. CARRIER shall not re-broker, co-broker, subcontract, assign, interline, or transfer the transportation of shipments hereunder to any other persons or entity conducting business under a different operating authority, without 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 in Par. 13, CARRIER will be liable for consequential damages for violation of this provision.
SUBCONTRACT PROHIBITION. CARRIER specifically 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 subcontract, broker, or in any other form arrange for the freight to be transported by a third party without the prior written consent of BROKER.
SUBCONTRACT PROHIBITION. Xxxxxxx specifically 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 subcontract, broker, or in any other form arrange for the freight to be transported by a third party without the prior written consent of Broker.
SUBCONTRACT PROHIBITION. CARRIER shall not re-broker, co-broker, subcontract, assign, interline, warehouse, or transfer the transportation of shipments hereunder to any other persons or entity conducting business under a different operating authority, without prior written consent of BROKER. If CARRIER receives BROKER’s consent, CARRIER shall maintain ANY AUTO or HIRED + SCHEDULED AUTO coverage pursuant to a written operating agreement with any carrier, subcontractor, or owner operator. CARRIER shall ensure that any approved carrier, subcontractor, or owner operator complies with this Agreement, customer specifications, and applicable DOT regulations. If requested by BROKER, CARRIER shall provide responsive information regarding each carrier, subcontractor, or owner operator within 24 hours of BROKER’s request. Additionally, CARRIER’s liabilities and obligations under this Agreement will supersede any conflicting language in such operating agreement. It is expressly understood that CARRIER's violation of this prohibition shall be deemed a material breach of this contract and shall nullify and vitiate any CARRIER limitation of liabilities or damages herein or otherwise. 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. Whether CARRIER obtains BROKER’s consent or not, CARRIER shall be liable to BROKER or any third party, including the shipper, customer, consignee or any third-party payor, for any and all liabilities for losses, damages or delays resulting in any way from the actions of the carrier, subcontractor, or owner operator utilized. XXXXXXX further agrees that its indemnifications obligations in this AGREEMENT shall also apply for breach of this provision. In addition to the indemnity obligation herein, CARRIER will be liable for incidental, indirect, special, or consequential damages for violation of this provision.
SUBCONTRACT PROHIBITION. CARRIER specifically agrees that all freight BROKER tenders shall be transported on Equipment operated only under the authority of CARRIER and that CARRIER shall not in any manner sub­contract, 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 violates the above prohibition, in addition to any other rights and remedies available to BROKER, BROKER may, in its sole discretion, pay the underlying third­party carrier directly, and such payment will relieve BROKER of any and all payment obligations to CARRIER with respect to such load.
AutoNDA by SimpleDocs

Related to SUBCONTRACT PROHIBITION

  • Lobbying Prohibition Contractor represents and warrants that payments to Contractor and Contractor's receipt of appropriated or other funds under this Contract or any related Solicitation are not prohibited by Sections 556.005, 556.0055, or 556.008 of the Texas Government Code (relating to use of appropriated money or state funds to employ or pay lobbyists, lobbying expenses, or influence legislation).

  • Human Trafficking Prohibition Under Section 2155.0061 of the Texas Government Code, Contractor certifies that the individual or business entity named in this Contract is not ineligible to receive this Contract and acknowledges that this Contract may be terminated and payment withheld if this certification is inaccurate.

  • STRIKE PROHIBITION The Association recognizes that strikes, as defined by Section I of Public Act 336 of 1947 of Michigan, as amended by public school employees are contrary to law and public policy. The Board and the Association subscribe to the principle that differences shall be resolved by appropriate and peaceful means, in keeping with the high standards of the profession, without interruption of the school program. Accordingly, the Association agrees that during the term of this Agreement, it will not direct, instigate, participate in, encourage or support any strike against the Board by an employee or group of employees.

  • General Prohibition Without Landlord’s prior written consent subject to and on the conditions described in this Section 22, Tenant shall not, directly or indirectly, voluntarily or by operation of law, assign this Lease or sublease the Premises or any part thereof or mortgage, pledge, or hypothecate its leasehold interest or grant any concession or license within the Premises, and any attempt to do any of the foregoing shall be void and of no effect. If Tenant is a corporation, partnership or limited liability company, the shares or other ownership interests thereof which are not actively traded upon a stock exchange or in the over-the-counter market, a transfer or series of transfers whereby 50% or more of the issued and outstanding shares or other ownership interests of such corporation are, or voting control is, transferred (but excepting transfers upon deaths of individual owners) from a person or persons or entity or entities which were owners thereof at time of execution of this Lease to persons or entities who were not owners of shares or other ownership interests of the corporation, partnership or limited liability company at time of execution of this Lease, shall be deemed an assignment of this Lease requiring the consent of Landlord as provided in this Section 22.

  • Legal Prohibition No Law shall be in effect and no Order shall have been entered, in each case that restrains, enjoins or prohibits the performance of all or any part of this Agreement or the consummation of all or any part of the transactions contemplated by this Agreement, or declares unlawful the transactions contemplated by this Agreement or would cause any of the transactions contemplated by this Agreement to be rescinded.

  • General Prohibitions Neither the Company nor any of its Subsidiaries shall, nor shall the Company or any of its Subsidiaries authorize or permit any of its or their officers, directors, employees, investment bankers, attorneys, accountants, consultants or other agents, advisors or representatives (“Representatives”) to, directly or indirectly, (i) solicit, initiate or take any action to knowingly facilitate or encourage (including by way of furnishing non-public information) the submission of any Acquisition Proposal, or any inquiry or the making of any proposal that could reasonably be expected to lead to, the submission of any Acquisition Proposal, (ii) enter into or participate in any discussions or negotiations with, furnish any information relating to the Company or any of its Subsidiaries or afford access to the business, properties, assets, books or records of the Company or any of its Subsidiaries to, or otherwise cooperate in any way with, or knowingly assist, participate in, facilitate or encourage any effort by any Third Party that has made, or, to the Company’s Knowledge, is seeking to make, an Acquisition Proposal, (iii) (A) fail to make, withdraw, modify or qualify in any manner adverse to Parent the Company Board Recommendation, or (B) approve, adopt or recommend, or publicly propose to approve, adopt or recommend, an Acquisition Proposal or announce that an Acquisition Proposal constitutes a Superior Proposal (any action described in this clause (A) or (B) being referred to as an “Adverse Recommendation Change”), (iv) agree to or enter into any agreement in principle, letter of intent, memorandum of understanding, term sheet, merger agreement, acquisition agreement, option agreement, joint venture agreement, partnership agreement, or other similar Contract providing for, with respect to, or in connection with, any Acquisition Proposal, or (v) grant any waiver or release under any standstill or similar agreement to which the Company is a party to any Person. The Company agrees that any violations of the restrictions set forth in this Section 6.03 by any of its Representatives shall be deemed to be a breach of this Agreement (including this Section 6.03) by the Company.

  • No Governmental Prohibition No order, statute, rule, regulation, executive order, injunction, stay, decree, judgment or restraining order shall have been enacted, entered, promulgated or enforced by any court or governmental or regulatory authority or instrumentality which prohibits the consummation of the transactions contemplated hereby.

  • Regulatory Prohibition Notwithstanding any other provision of this Agreement to the contrary, any payments made to the Executive pursuant to this Agreement, or otherwise, are subject to and conditioned upon their compliance with Section 18(k) of the FDIA (12 U.S.C. §1828(k)) and 12 C.F.R. Part 359.

  • Loss Leader Prohibition If this Agreement involves the purchase of goods, this section is applicable. Contractor shall not sell or use any article or product as a “loss leader” as defined in Section 17030 of the Business and Professions Code.

  • Advertising Prohibition Provider is prohibited from using Student Data to (a) market or advertise to students or families/guardians; (b) inform, influence, or enable marketing or advertising efforts by a Provider; (c) develop a profile of a student, family member/guardian or group, for any commercial purpose other than providing the Service to Client; or (d) use the Student Data for the development of commercial products or services, other than as necessary to provide the Service to Client.

Draft better contracts in just 5 minutes Get the weekly Law Insider newsletter packed with expert videos, webinars, ebooks, and more!