NONCOMPETITION
CONTRACT
(Limiting Geographic Areas of Competition)
IN
CONSIDERATION OF EMPLOYMENT AND OTHER VALUABLE CONSIDERATION that is
acknowledged, _________________________ (hereinafter "Employee")
shall not engage in a business in any manner similar to, or in competition
with, ________________ (hereinafter "Company") or the Company's
affiliated businesses during the term of his or her employment.
Furthermore,
the Employee shall not engage in a business in any manner similar to, or in
competition with, the Company's business in the geographical area within a
____________ ( ____ )-mile radius of any present or future office opened by the
Company during the term of employment and the geographical area within a
____________ ( ____ ) mile radius of the Employee's home address.
For
the purpose of this agreement, the Employee shall be regarded as engaging in a
"business in any manner similar to, or in competition with, the Company's
business" if, directly or as an independent contractor or employee of any
business, the Employee is engaged in the business of _______________________ or
such other business or businesses as the Company is engaged in either
individually or as part of some other business entity or affiliate.
1The Employee acknowledges and agrees that the above
restriction is reasonable as to duration and geography, that it is fully
enforceable, and waives any objection thereto and covenants not to institute
any suit or proceeding or otherwise advance any position or contention to the
contrary.
1The 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
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, in addition to any other remedies or claims for money
damages that the Company may seek; and the Employee agrees to render an
equitable accounting of all earnings, profits, and other benefits arising from
such violations; and to pay all costs and counsel fees incurred by the Company
in enforcing this agreement, which rights shall be cumulative.
The
existence of any claim or cause of action of the Employee against the Company,
whether predicated on this agreement or otherwise, shall not constitute a
defense to the enforcement by the Company of this covenant.
If
any action at law or equity is necessary to enforce or interpret the terms of
this agreement, the Employee agrees to pay the Company reasonable attorney
fees, costs, and necessary disbursements, in addition to any other relief
and/or damages to which the Company may be entitled.
In
the event that a court of competent jurisdiction determines that this
restrictive covenant and covenant not to compete is unenforceable in whole or
in part for any reason, including, without limitation, the 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 under this agreement shall be sufficient if made by registered
mail to the specific party involved herein at his or her respective address
hereinafter set forth or as such party may provide from time to time in
writing:
For
the Company: ____________________
For
the Employee: ____________________
This
agreement constitutes the 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 done so in writing and signed
by the parties hereto.
__________________________
Notary
Public
