IN CONSIDERATION OF EMPLOYMENT AND OTHER VALUABLE CONSIDERATION that is hereby acknowledged, ____________________________ (hereinafter referred to as "Employee") shall not, for a set period of ___________( ___ ) years from the date of termination of his or her employment with ___________________ (hereinafter referred to as "Company"), request any customers of any business then being conducted or contemplated by the Company or its affiliates to curtail or cancel their business with the Company or its affiliates.
SUCH AGREEMENT SHALL EXTEND throughout the geographical area within a ____________ ( ____ ) mile radius of any present or future office opened by the Company during the term of Employee's employment and the geographical area within a _________ ( _____ ) mile radius of the Employee's home address.
EMPLOYEE WAIVES any objection to the duration and geography of such agreement and further promises not to institute any suit or proceeding, or otherwise advance any position or contention to the contrary. The Employee both acknowledges and agrees that the above restriction is reasonable as to duration and geography, and that such agreement is fully enforceable.
EMPLOYEE HEREBY CONSENTS to the entry of temporary, preliminary, and permanent injunctive relief by any court of competent jurisdiction against him or her to restrain any such breach of the terms and conditions of this agreement, in addition to any other remedies or claims for money damages that the Company may seek. The Employee recognizes that immediate and irreparable damage will result to the Company if the Employee breaches any of the terms and conditions of this agreement and, accordingly, the Employee agrees to render an equitable accounting of all earnings, profits and other benefits arising from such violations.
EMPLOYEE FURTHER AGREES to pay all costs and counsel fees incurred by the Company in enforcing this agreement, which rights shall be cumulative. The Employee represents and warrants to the Company that his or her experience and capabilities are such that he or she can obtain employment in business without breaching the terms and conditions of this agreement, and that his or her obligations under the provisions of this paragraph (and the enforcement thereof by injunction or otherwise) will not prevent him or her from earning a livelihood.
In the event that a court of competent jurisdiction finds that this restrictive covenant and covenant not to compete is unenforceable in whole or in part for any reason, including, without limitation, the duration, scope, and remedies set forth above, then same shall not be void, but rather shall be enforced to the extent that same is deemed to be enforceable by said court, as if originally executed in that form by the parties hereto.
Service of all notice to the parties involved under this agreement shall be sufficient if made by registered mail to the specific party involved herein at his or her respective mailing address hereinafter set forth or as such party may provide from time to time in writing:
Mailing Address For the Company: _________________________________
Mailing Address For the Employee: _________________________________
This agreement constitutes the complete and entire agreement between the parties hereto and supersedes all prior negotiations, understandings, and agreements, whether oral or written, of any nature whatsoever with respect to the term of employment that is the subject matter hereof, and there are no representations, warranties, understandings or agreements other than those expressly set forth herein between the Company and the Employee.
This agreement cannot be changed, modified, or terminated unless done so in writing and signed by the parties hereto. The validity, interpretation, construction, and enforcement of this agreement shall be governed in compliance with the laws of the State of __________.