Non-Compete Agreement
State of Alabama
A. BACKGROUND
1. This Non-Compete Agreement (the "Agreement") is made effective as of ________, by and between ________, of the following address:
________
and ________, of the following address:
________
B. NON-COMPETE COVENANT.
2. During the business relationship and for ________ months after the separation of this relationship for any reason, ________ will not directly or indirectly engage in any business that competes with ________.
3. Directly or indirectly engaging in any competitive business includes, but is not limited to:
a. engaging in a business as owner, partner, or agent;
b. becoming an employee of any third party that is engaged in such business;
c. becoming interested directly or indirectly in any such business; or
d. soliciting any customer of ________ for the benefit of a third party that is engaged in such business
4. ________ agrees that this non-compete agreement will not adversely affect ________'s livelihood.
5. This covenant shall apply to the following geographic area:
________
C. NON-SOLICITATION COVENANT.
6. For ________ months after the separation of the business relationship for any reason, ________ will not directly or indirectly solicit business from, or attempt to sell, license, or provide the same or similar products or services as are now provided to any customer or client of ________
7. ________ shall not use ________'s existing client demographic and confidential information to solicit and provide quotes and/or transfer business to any competing entity.
8. For ________ months after the separation of the business relationship for any reason, ________ will not directly or indirectly solicit, induce, or attempt to induce any employee of ________ to terminate his or her employment with ________.
D. CONDITION OF EMPLOYMENT.
9. In consideration of the commitments and obligations made by ________, ________ and ________ agree that the execution of this Agreement is a condition of the employment of ________ by ________.
E. CONFIDENTIALITY.
________ will not at any time or in any manner, either directly or indirectly, use for the personal benefit of ________, or divulge, disclose, or communicate in any manner any information that is proprietary to ________. The nature of the information and the manner of disclosure are such that a reasonable person would understand it to be confidential. ________ will protect such information and treat it as strictly confidential.
F. ENTIRE AGREEMENT.
10. This Agreement contains the entire Agreement of the parties regarding the subject matter of this Agreement, and there are no other promises or conditions in any other Agreement, whether oral or written.
G. SEVERABILITY.
11. The parties have attempted to limit the non-compete provision so that it applies only to the extent necessary to protect legitimate business and property interests.
12. If any provisions of this Agreement shall be held to be valid or unenforceable for any reason, the remaining provisions shall continue to be valid and enforceable.
13. If a court finds that any provision of this Agreement is invalid or unenforceable, but that by limiting such provision it would become valid and enforceable, then such provision shall be deemed to be written, construed, and enforced as so limited.
H. INJUNCTION.
14. It is agreed that if ________ violates the terms of this Agreement, irreparable harm will occur, and money damages will be insufficient to compensate ________.
15. In the event of a breach of this Agreement, ________ will be entitled to seek injunctive relief (i.e. a court order that requires all parties comply with this Agreement) to enforce the terms of this Agreement.
16. In case of a law suit, the prevailing party shall have the right to collect from the other party its reasonable costs and necessary disbursements and attorney's fees incurred in enforcing this Agreement.
I. APPLICABLE LAW
17. This Agreement shall be governed by the laws of State of Alabama.
J. BINDING.
18.The provisions of this Lease shall be binding upon and inure to the benefit of both parties and their respective legal representatives, successors, and assigns.
SIGNATURE OF NON-COMPETING PARTY:
________
By: _______________________________________
________
Date: __________________
SIGNATURE OF PROTECTED PARTY:
________
By: _______________________________________
________
Date: __________________