This paragraph was so offensive that we decided to go with inserts:
Carrier acknowledges that the restrictions contained in this Agreement are reasonable (Not reasonable but we need the load) and necessary to protect the legitimate business interests of Broker and its customers (No protection for the carrier). Accordingly, Carrier agrees that in addition to any rights Broker may have to recover money damages(There are no laws known to us providing for a broker to recover money from the carrier) for a breach of this Agreement, it will also be entitled to immediate injunctive relief (Injunctive relief is typically sought when there is no adequate legal remedy)to enforce the terms of this Agreement. Carrier further agrees that if it will violate any of the covenants or restrictions contained in this Agreement, Broker will be entitled to an accounting and repayment of all profits, compensation, commissions, remuneration, or other benefits that Carrier, directly or indirectly, has realized or may realize as a result of, growing out of, or in connection with such violation. (This is where the injunctive comes in. No court would ever agree to give this broker 100% of a carriers profits on a single shipment let alone all of the business of a given customer or lane) These remedies will be in addition to, and not in limitation of, any injunctive relief or other rights or remedies that Broker has at law, in equity, or under this Agreement.
OODCCO RESPONSE:
This paragraph seems to circumvent legal procedures by compelling or deceiving a carrier into accepting a contract that allows the broker to claim 100% of the carrier’s profits, regardless of any agreement violations. This provision extends beyond the typical 100% clause. Such terms are unacceptable and defy any reasonable interpretation.