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North Carolina Non-Compete Agreement Template

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The North Carolina Non-Compete Agreement Template can be deployed when a Business Entity intends to disclose Confidential or Proprietary Information under the condition that such disclosure does not result in any unfair competition caused by the Contract Recipient. Both of these parties will benefit from having the expected Recipient’s code of conduct regarding the Business’ Confidential Information presented in some detail. The template here will supply the structure and language required to properly define the roles and obligations of each party. Some areas of this agreement will need the direct attention from its Preparer. Mostly, this will allow the issuing Business to customize the responsibilities placed on the Recipient thus, maintaining the agreement’s fairness and relevance.

This paperwork should be presented for a review and signing by all concerned parties at the start of the professional relationship. In addition, the paperwork detailing these terms must be signed by every party concerned. These requirements are mandatory to maintain this paperwork’s enforceability. Non-compete agreements are governed by chapter 75 of the North Carolina General Statutes.

Restrictions

North Carolina do not enforce non-compete agreements that prohibit direct or indirect competition that are overly restrictive non-compete agreements are generally illegal.  Enforceable agreements must be in writing and signed by the party agreeing not to do business. Enforceable non-compete contracts have valuable consideration, are reasonable about time and territory , are part of an employment contract and are designed to protect a legitimate business interest. Non-agreements against public policy are unenforceable.

Laws§ 75-1

How to Write

1 – The Parties Addressed In This Document Must Be Presented

The introduction to this template will set up this document’s declarations through summarization. To apply it to the Business Entity and Recipient, supply the Name of the Company on the first blank line and the Name of the Contract Recipient on the second blank line.

2 – The Terms In This Contract Should Be Selected Based On The Situation

Article “2. Non-Compete/Disclosure” will enable the Business Entity to selectively choose the restraints placed on the Contract Recipient so that they remain appropriate to the relationship, situation, and nature of the shared information. Check or fill each check box with a statement that should apply to a Recipient restriction.

The Company can limit the Recipient’s “Business Practices” once the first statement’s check box has been filled in.If the “Clients/Customers” of the Company should be considered off limits to the Recipient, then check or mark the second check box statement.Most of the Company’s competitors may be designated as forbidden relations for the Recipient if the third statement, “General Competitors,” is checked.The Company can name specific entities the Recipient must promise not to engage in business relations with. If so, they must be  listed on the blank lines in the fourth statement and the “Special Competitor(s)” box must be marked or checked.The last restriction statement, which will be employed if checked, will forbid the Recipient from the developing or engaging in relations with the Company’s “Employees” through its language

3 – This Contract’s Effect May Only Be Imposed During A Specific Time Period

The Contract Recipient will agree to uphold the confidentiality of the Company’s Private Information during a predetermined time period through the execution of this contract. This Effective Period may not be unlimited. In fact, it must be considered fair to the Recipient. Record the number of months making up this Period of Effect on the blank space available under the heading “3. Time Period.”

This time period may only apply if it has a definitive start date. Choose one of the last two statements in “3. Time Period” to formally declare the event that begins the Effective Period of this contract. Marking the first check box will indicate the Start Date as this paperwork’s Execution Date while checking the second box will name the Day the Company/Recipient relationship ends as the Start Date. Only one of these boxes may be marked.

4 – The Effective Period May Be Interrupted With Company Approval

Sometimes it will be appropriate for the Recipient to retain the right to submit a payment to the Business issuing this contract in exchange for a full release of all its terms. If this is such a case, and the Business wishes to allow this consideration, then mark the first check box in “4. Purchase Option.” Once this is done, record the full dollar amount the Recipient must pay for this nullification of terms to the Business on the two available blank lines in this article.If this option should not be made available to the Recipient, mark the second check box.

5 – The Business Entity May Only Apply These Conditions In The Named Jurisdiction

This paperwork must be supported in a specific area by the local ruling Government body. Report the City/State where this document will be enforced on the blank space in “5. Jurisdiction”

6 – This Contract’s Effect May Only Be Set By Party Signature

The entities entering this contract, (The Company and The Recipient) must each verify their agreement with its contents by supplying a Signature of Acceptance. This necessity will be addressed at the end of all the articles presented in two columns. Some coordination for this task will be necessary and an Execution Date must be filled into the last statement in section “13. Entire Agreement.” Enter the Day, Month, and Year of the Execution Date on the first, second, and third blank lines. Now that an Execution Date has been set, the Company’s Signature Representative must sign his or her name on the first blank line in the column at the lower left-hand part of this page. There will also be two blank lines below the “Signature” line. The Company’s Representative should use this line (“Print Name And Title”) to present his or her printed name and role with the Company. On the last line, the Date of Signature must be supplied.

The Contract Recipient will be able to enter this agreement by signing and printing his or her Name on the “Signature” and “Print Name” lines then supplying the Date of Signature on the last blank space.


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