Confidentiality and No Back Solicitation

Customer acknowledges and agrees that the names, routes and pricing of the Carriers and other service providers utilized by Forwarder are confidential information and are in the nature of a trade secret. Customer shall not directly contact or solicit rates, bids or service from any underlying Carrier or service provider where 1) the availability of Carrier or service provider to perform such services first became known to Customer as a result of Forwarder’s efforts, or 2) where Customer’s traffic was first tendered to the underlying Carrier or service provider by Forwarder. If Customer breaches this provisions and “back-solicits” Forwarder’s underlying Carriers and/or service providers, and/or tenders traffic to such Carriers or service providers, Forwarder is then entitled, for a period of eighteen (18) months after the involved traffic first begins to move, to payment from Customer of 15% of the gross transportation charges for all such traffic, as liquidated damages. Termination of the relationship between Forwarder and Customer shall not affect the enforceability and applicability of the foregoing provisions of this clause for a period of two years after termination.