17. FORCE MAJEURE. Neither Party shall be liable to the other for failure to perform any of its obligations under this Agreement during any time in which such performance is prevented by fire, flood, or other natural disaster, war, embargo, riot, civil disobedience, or the intervention of any government authority, or any other cause outside of the reasonable control of the CUSTOMER or TRANSPORTATION PROVIDER, provided that the Party so prevented uses its best efforts to perform under this Agreement and provided further, that such Party provide reasonable notice to the other Party of such inability to perform. 18. CHOICE OF LAW AND VENUE. All questions concerning the construction, interpretation, validity and enforceability of this Agreement, whether in a court of law or in arbitration, shall be governed by and construed and enforced in accordance with the laws of the State of Texas without giving effect to any choice or conflict of law provision or rule that would cause the laws of any other jurisdiction to apply. Any action filed by either party shall be filed only in a state or federal court embracing Dallas County, Texas, and the Parties irrevocably consent to the exercise of personal jurisdiction by those courts. 19. CONFIDENTIALITY. TRANSPORTATION PROVIDER shall not utilize CUSTOMER's name or identity in any advertising or promotional communications without written confirmation of CUSTOMER's consent and the PARTIES shall not publish, use or disclose the contents or existence of this Agreement except as necessary to conduct their operations pursuant to this Agreement. TRANSPORTATION PROVIDER will require its carriers and/or other Transportation Providers to comply with this confidentiality clause.
20. BACK SOLICITATION. CUSTOMER shall not solicit the services of TRANSPORTATION PROVIDER's motor
carriers where the CUSTOMER's use of such carrier first occurred through the TRANSPORTATION PROVIDER's efforts. If the CUSTOMER breaches this provision of this AGREEMENT, TRANSPORTATION PROVIDER shall be entitled, as reasonable damages and not as a penalty, to a commission of fifteen percent (15%) of the gross revenue from traffic assigned by CUSTOMER to such carrier for a period of fifteen (15) months. CUSTOMER also agrees that the breach of this provision entitles TRANSPORTATION PROVIDER to be entitled to obtain an injunction against CUSTOMER in a court of competent jurisdiction, at TRANSPORTATION PROVIDER's option.
21. ENTIRE AGREEMENT: This Agreement, including all Appendices and Addenda, constitutes the entire agreement intended by and between the PARTIES and supersedes all prior agreements, representations, warranties, statements, promises, information, arrangements, and understandings, whether oral, written, expressed or implied, with respect to the subject matter