NONCOMPETITION CONTRACT
(short form)
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 __________.
____________________________ ____________________________
Employer Employee
____________________________
Notary Public
