Non-Competition and Non-Solicitation Agreement
[Name, Company Name & Address here]
Sub – Employment Agreement
We are happy that you have accepted employment with [Company name], the ‘Employer’, beginning [employment start date]. As you know, you will be working as a [position] in our company.
This employment agreement is to confirm the terms & conditions of the safety we require about the non-competition and non-solicitation, which are required of you as a clause of being hired at this firm.
1. Non-Competition: You are in agreement that you will not, without the written consent of the Employer, during your employment, and for a period of [duration of non-competition], following your employment termination however caused (whether the employment is ended by you or, the Employer and whether with or without cause or in violation of this Agreement), either independently or in partnership with any person as chief, representative, worker, shareholder (other than a share holding listed on a United States or Canadian stock exchange that does not exceed 5 percent of the outstanding listed shares) or, in any other way whatsoever involved in or be concerned with or interested in or counsel, provide money to, assurance the debts or compulsions of or allow your name or any part thereof to be used or working by any person involved in or concerned with description of business aspect in which worker is engaged within [area within the employee cannot compete].
You agree that the limitations set out above are reasonable and valid and all defenses to the severe enforcement of this non-competition contract by the Employer are waived by you.
2. Non-Solicitation of Clients: You agree that you will not, without the prior written consent of the Employer, at any time during your employment with the Employer or for a period of 2 years from the termination of your employment however caused (whether your employment is terminated by you or the Employer and whether with or without cause or in breach of this Agreement), either individually or through any company controlled by you and either on your own behalf or on behalf of any person competing or endeavouring to compete with the Employer, directly or indirectly solicit, endeavor to solicit or gain the custom of, canvass or interfere with any person who is a client of the Employer as at the date of termination of your employment or use your personal knowledge of or influence over any such client to or for your own benefit or that of any other person competing with the Employer.
3. Non-Solicitation of Employees: You agree that you will not, without the written approval of the Employer, at any time during your tenure with the Employer or for a period of 2 years from your employment termination however caused (whether it is ended by you or the Employer and, whether with or without cause or in violation of this Agreement), either independently or through any company controlled by you and either on your own or on behalf of any other person that competes or endeavors to compete with the Employer, directly or in any other way ask for employment, or endeavor to hire or to keep as an free contractor or representative, any person who is a worker of the Employer as of the date of your employment termination or, was an employee of the Employer at any time during 2 years prior to the your employment termination.
You further agree that, in case you are approached by a person who is or was an employee of the Employer throughout the period mentioned above, you will not propose to nor hire or keep as an independent service provider or representative any such person for a term of 2 years following your employment termination.
4. Agreement to Alteration of Restraining Covenants: As the limits in sections 1, 2 and 3 are considered by you and the Employer to be reasonable in all of the conditions as of the date of this Agreement, it is hereby agreed that if any one or more of such limitations shall be evaluated to be annulled as going above what is reasonable in all of the situations to safeguard the interests of the Employer, but would be applicable if part of the wording thereof were erased or the time thereof decreased or the range of actions covered thereby reduced in range, the said reduction shall be deemed to apply with such alterations as may be needed to make them applicable and effectual and any such adjustment shall not thereby have an effect on the legality of any other limit mentioned in this Agreement.
5. Independent Legal Advice: You agree that you have been counseled by the Employer that you should get self-governing legal advice related to the terms of this agreement. You confirm that you have either acquired such advice or decided not to do so and, that you fully understand the terms and conditions set out and agree to be bound by them.
6. Agreement Copy: You recognize receiving a copy of this agreement signed by the Employer.
If you agree with the above said, please sign the two copies of this letter in the presence of a witness and, send one copy to the Employer.
I have read, understand and hereby voluntarily accept the terms of employment summarized above.
Witness [Employee Name]
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