I live close to shipper. The broker is no longer getting me loads from the shipper I have gotten a couple loads from. But the shipper is still shipping loads. I appears that the shipper is no longer using the Broker I got loads from. Is this grounds for me to get my own loads from shipper? The clause says, "the carrier agrees to not directly solicit freight from shippers that it hauled for as a result of efforts of Broker under this agreement for a period of 1 yr. after termination of this agreement. Should carrier breach this agreement, it is understood between the parties that damages would be hard to calculate. Therefore, the parties have stipulated & agreed that should carrier breach the above provision , the sum of $25,000 shall be paid by the Carrier to Broker upon demand."
See if you can get the broker to waive the agreement. since the broker is no longer working with shipper. .
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There are a number of issues raised in your question, you most likley need to take the entire agreement to an attorney to review and get some additional information from you to give you some informed advice. Non-compete agreements are not generally favored by the court, but depending on the terms, the trade or profession involved, the lenght of the prohibition, and other factors they can be enforceable.
This information is provided for general informational purposes and is not intended as legal advice. An attorney licensed in your jurisdiction can answer questions specific to your specific fact situation and provide you appropriate advice as necessary based on the specific facts of your matter and the jurisdiction in which you reside. If you are in Arizona and interested in discussing your matter further I can be reached at: (480) 838-9000 Mark D. Fullerton, P.C. 1839 S. Alma School Road, Suite 275 Mesa, Arizona 85210