[From: Free Document Downloads at TheSmallBusinessOwnersManual.com] This document should be used as a noncompetition agreement. The following text of this document should be reviewed and edited to fit your purposes. [Find, then fill-in, or delete text in brackets like this: “[NNN]” If there are dates in this document, they will automatically change to today’s date.
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NONCOMPETITION AGREEMENT
IN CONSIDERATION OF EMPLOYMENT AND OTHER VALUABLE CONSIDERATION that is acknowledged, [EMPLOYEE NAME]] (hereinafter the Employee) agrees with [COMPANY NAME] (hereinafter the Corporation) that 1. The Employee shall not engage in a business or accept employment with a business that competes with or is similar to the business of the Corporation or any of the Corporation's affiliates for a period of [N] year(s) in a geographic area that is within a radius of [N] ([N]) miles of either (a) any present office of the Corporation or (b) any office that will have been opened during the course of the Employee's employment by the Corporation. 2. For the purposes of this Agreement, the words shall not engage in a business or accept employment with a business used in Paragraph 1 above include situations in which the Employee might otherwise in the absence of this Agreement (a) accept direct employment from a competing business; (b) become an independent contractor serving the interests of a competing company; (c) become an officer, director and/or shareholder of a competing business; or (d) become a general or limited partner in a general, limited or limited liability partnership competing with the Corporation. 3. The Employee shall not enter into any of the relationships referred to Paragraph 2 above during the course of his or her employment with the Corporation. 4. The Employee shall not during the course of his or her employment by the Corporation or at any time thereafter reveal to any person or business any (a) trade, technical or technological secrets of the Corporation; (b) details of the business affairs of the Corporation; (c) the names of any past or present customers of the Corporation; or (d) any other information relating to the business of the Corporation. 5. The Employee shall not during the term of his or her employment by the Corporation or for [N] year(s) thereafter induce, or attempt to influence, any employee of the Corporation to terminate employment with the Corporation or to enter into the employ or any other business relationship with any other person (including the Employee), firm or corporation. 6. The restrictions set out above are reasonable in all respects and are fully enforceable, and the Employee expressly waives any objection to each and every restriction set out above and covenants not to institute any suit or proceeding or otherwise advance any position to the contrary.
7. Immediate and irreparable damage will result to the Corporation if the Employee violates any of the restrictions set out above, and the Employee consents to the entry of temporary, preliminary and permanent injunctive relief by any court of competent jurisdiction against the Employee to restrain any breach of the terms of Paragraphs 1 through 5 of this Agreement. 8. In the event that a court of competent jurisdiction shall determine that any provision of this Agreement is not enforceable in whole or in part for any reason, this Agreement shall not be void, but instead shall be enforced to the extent that this Agreement and the challenged provision are deemed to be enforceable by the court, as if the Agreement had been originally executed in that form by the Corporation and the Employee. 9. Service of all notices under this Agreement shall be sufficient if made by registered mail to the party receiving the notice at the address shown below or at the address that such party has provided to the other party in a writing that has been delivered by registered mail:
For the Corporation:
For the Employee:
10. This Agreement is not to be changed, modified or terminated except in a writing that has been signed by the parties hereto. 11. The validity, interpretation, construction and enforcement of this Agreement shall be governed by the laws of the State of [STATE]. [COMPANY NAME] Corporation By:
_______________________ [PRESIDNET NAME], President
_______________________ [EMPLOYEE NAME], Employee