North Dakota Non-Compete Agreement Template

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The North Dakota Non-Compete Agreement Template can be employed by any Business Entity with the intent to share its Proprietary Information while wishing to prevent its unauthorized use by the Recipient of this knowledge. This paperwork will clearly state all the terms and conditions its Recipient must agree to before being allowed even incidental access to any such information of the Business. A Recipient may only enter this agreement through his or her signature. Once this binding tool from the Recipient has been secured, it will act to prove his or her compliance with the terms and conditions contained within it.

The agreement will supply the standard language necessary to establish facts regarding both parties, the expectations to be met, when such conditions apply, and where these terms will be enforced. All these factors will need to be established within this document after they have been determined by the Business and Recipient. It is mandatory that both parties must have enough time to read and sign it before their relationship begins.

Non-compete agreements effected in North Dakota are governed by Section 9-08-06 of the North Dakota Century Code of the North Dakota Century Code and can be enforced if the Contract Recipient sells the goodwill of the business. This agreement’s Effect must be restricted to a similar business within a specific North Dakota Neighborhood, County, or City so that it will be considered valid and fair to the use of all the Signature Parties. These terms can apply to anyone or any entity that poses a security risk and can be applied to anyone in a business relationship with the concerned Company. For instance, Partners anticipating the dissolution of or dissolving a partnership can agree that all or some of them will not engage in a similar business in the same city or part if the city where the partnership conducted business through the proper use of this document.


How to Write

1 – Set The Identity Of Each Signature Party Using The First Article’s Language

Normally, two parties will enter this agreement; the party (“Company”) who discloses information and the party (“Recipient”) that receives information under the condition that all terms outlined in this document are complied with. Fill in the Company’s Legal Name on the first available blank space in “1. Purpose” and the Recipient’s Legal Name on the next blank line after that. The structure of this paragraph will assign the roles to the Names in these spaces.

2 – Assign The Restrictions Presented To This Contract’s Effect

The next task to complete will be to formally name each restriction the Recipient must observe to pursue a business relationship with the Company where a disclosure of information will occur. This will be dealt with in “2. Non-Disclosure/Noncompete” through the use of an easy to use a checklist of restrictions. Here, five topics will be presented where the subjects are the Recipient’s “Business Practices,” the Company’s “Clients/Customers,” “General Competitor(s)” of the Company, “Specific Competitor(s)” of the Company, and the Company’s Employees. The Recipient can be restrained concerning any of these topics once the checkbox associated with that topic’s statement is marked or checked. Selecting one of these statements in this way will automatically include it in the scope of this document’s Effect, therefore, obligating the Recipient to its directive. For instance, if a Company has legitimate concerns that a Recipient can use its information to aid one of its competitors, enter the Name of this Competitor on the blank space of the “Specific Competitor(s)” statement and check the box to restrain the Recipient from conducting such business with that entity. Any number of these statements may be checked to apply to this document.

3 – The Time Period Of The Recipient Obligations Must Be Determined And Reported

The Recipient will need to obey the directives in this paperwork, however as mentioned above, these terms cannot be used to restrain the Recipient indefinitely. In most cases, this would be deemed an unfair burden that may cripple one’s career. Thus, in “3. Time Period,” the length of time this document is active and when this Period of Effect begins must be addressed. Enter the number of months when this document’s Effect will obligate the Recipient on the blank line in this section.

4 – Discuss If A Premature Termination Of These Terms Is Available

The time period when this document is effective can be acted on by the Recipient. This is strictly at the discretion of the company. The Recipient option to prematurely terminate this agreement will come in the form of a Purchase Option which will be either solidified or dismissed in “4. Purchase Option.” If the Recipient will be allowed to essentially buy a nullification of these terms, then mark the first checkbox statement in this article and report the Dollar Amount the Recipient must pay the Company on the blank lines provided.If there will be no purchase option made available, the second checkbox in this section must be marked. This will forbid any such purchase of relief.

5 – The North Dakota Areas Of Contractual Enforcement Must Be Documented

The terms of this agreement will need to be attached to a predetermined area.  In “5. Jurisdiction,” use the available space to document where this contract must be upheld by the Recipient. This is the court system the Company will use to remedy any breaches or enforce this contract’s terms.

6 – The Execution Of These Terms Will Only Be Caused By Each Participant Act Of Signing

The final areas of this template will deal directly with this contract’s Execution of Effect.  In “13. Entire Agreement,” the Date when this contract’s terms are enacted must be adequately documented. This will be accomplished by entering the Calendar Day, Month Name, and Year when this signing will occur or its Execution Date across the three blank spaces in the last statement.Below the Execution Statement, at the bottom left-hand corner of this page, the Company Signature Representative must Sign his or her Name, present his or her Printed Name and Title, then disclose what Calendar Date when he or she signed this paperwork under the column heading “The Company.”Similarly, the Recipient of this contract will have a “Recipient” column where he or she must sign the “Signature” line, print his or her Name below this, then fill in the Date he or she entered this agreement by signing it.