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New Mexico Non-Compete Agreement Template

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The New Mexico Non-Complete Agreement Template can act as definitive proof the Recipient of a Business Entity’s Confidential Information has guaranteed that such information will not be used to cause any unfair competition against the disclosing Business Entity. Ultimately, this proof exists by virtue of presenting some definitive paperwork detailing the conditions the Company will insist upon before it shares its Proprietary Information, Trade Secrets, or any other kind of information not generally available to its competitors or the public. These definitions and conditions will be accepted upon the Signature of the Contract Recipient. This signature will bind the Recipient to compliance by making this document an enforceable contract.

Obviously, there will be some nuances depending upon the situation. Thus, as with any contract, its terms must be fair to both participants. That is, the wording provided here will also safeguard the Recipient from any unfair pressures. In addition to fairness, it is important to bear in mind that such paperwork should be presented at the start of a business relationship to be effective. There are no general statutes or regulations for non-compete agreements in the state of New Mexico, so it is crucial to the benefit of all involved that this contract complies with any applicable local statutes that may carry authority so that it remain effective in its conditions.

Restrictions

For health care practitioners: NMSA 1978, §§ 24-1i-1 to 24-1i-5 govern agreements entered into after July 1, 2015. Agreements for health care practitioners that restrict the right of the health care practitioner to provide clinical health care services within the state are unenforceable on the termination of the agreement, a renewal or extension of the agreement or a health care practitioners employment with a party seeking to enforce the agreement. Employees may be required to pay back a loan, relocation expense, or portions of a signing bonus if they have worked for an initial period of less than three years with the employer.

Health care practitioners include dentist, osteopathic physicians, physicians, podiatrist, certified registered nurse anesthetist, certified nurse practitioner, and certified nurse midwife

Laws – None

How to Write

1 – Supply A Definition To The Identity Of Each Signature Party

The effect of this agreement shall be summarized in the introduction of this contract. This will be located under the heading “1. Purpose” and will require some direct input. The first available blank line is reserved so the Legal Name of the Company or Business Entity that intends to share information with the Recipient. Naturally, this paragraph will also require the Identity of the Contract Recipient. Report the Receiving Party’s Full Name on the second blank space.

2 – Select Each Company Restriction That Applies By Topic

In this contract’s secpond article “2. Non-Compete/Nondisclosure,” the exact conditions under which the Company will release information to the Recipient will be discussed.  The first statement at-hand will carry the label “Business Practices.” Its wording will forbid the Recipient from engaging in any similar services or products the disclosing Business Entity engages in. If this statement is check marked, its conditions will be considered a part of this contract and thus, applicable to the Recipient.The next statement of restriction (“Clients/Customers”) will focus on any possible relationships the Recipient may hold or develop with the disclosing Business Entity’s Clients. If this represents a breach of the Company’s confidence and such relationships must be discouraged or be labeled off-limits then mark the second check box.This section will also address the subject of the Business Entity’s Competitors. The next two restriction statements will deal strictly with this matter. If the Company wishes to block the Recipient from entering or engaging in business relationships with its Competitors, the “General Competitors” box will need to be checked. If the Company intends to deny the Recipient of contacting or engaging in business with “Specific Competitor(s)” then, mark the fourth check box and fill in the Full and Legal Name of each competitor the Recipient must not contact on the blank lines provided. The final restriction statement contains the wording to keep the Recipient from conducting relations with the Business Entity’s “Employees.” To include this restriction in the conditions the Recipient must obey check mark the corresponding box.

3 – The Company’s Discretion Must Determine The Period Of Effect

In most, if not all cases, these conditions may only apply for a limited amount of time to be considered fair. Therefore, it is in the Company’s best interests to apply this Period of Effect during a time-frame when it may be considered vulnerable. First, present how long this contract’s Effect will exist for on the blank space provided in “3. Time Period.”Only one of the last two statements will be considered applicable to the time-frame listed above. Each will define when this Effective Time Period will begin. If it begins upon the “Effective Date Of This Agreement” then, mark the first check box. If it begins upon the “Termination Of The Recipient’s Employment And/Or Business With The Company” then mark the second check box.This topic of discussion will veer slightly by addressing whether or not the Business Entity will terminate the conditions of this contract prematurely upon the receipt of a Recipient payment. If this consideration will be made, then fill in the first blank line in “4. Purchase Option” with the sum of money the Recipient must pay for a premature termination of these terms. Supply this same dollar amount numerically on the second blank line as well. Once this task is completed check, the first statement’s box.If the disclosing Business Entity has no intention of providing this consideration, then mark the second check box.

4 – Define Where This Contract Is Effective And When It Will Be Executed

This contract will now focus on precisely where the Recipient is expected to comply with these conditions and where they will be enforced. In “5. Jurisdiction,” solidify the name of the City/County and State or the State that holds authority over this paperwork by reporting it on the blank line presented.The day these two parties enter this agreement will also need to be defined before it can be signed. This task will need to be accomplished in the section labeled “13. Entire Agreement.” Three empty spaces have been provided in the last sentence which has been structured to report a date as a Calendar Day of the Month, the Month Name, and a Two or Four-Digit Year. Supply these spaces with the Calendar Date when both parties intend to sign this agreement.

5 – Both The Business Entity And The Contract Recipient Must Agree By Signature

The Business Entity must verify its intent to limit its control according to the statutes of this document by signing the column labeled “The Company.” In many cases, this will only be a Business Entity and thus, an Elected Representative of the Company must sign his or her name on the first blank line to enter this Business Entity into this contract.The Signature Representative of the Company will need to furnish the printed version of his or her Name on the second blank space in this column. Immediately after the printed name, the Signature Representative of the Company must report the Title or Role he or she holds with the Business Entity.The actual Date when the Company Representative signs this document must be reported on the last line.Now, the Recipient must also officially enter this agreement and supply proof of his or her intent to comply with its conditions. This will need to be accomplished in the “Recipient” column where the individual receiving information and agreeing to the conditions in this document must sign the first blank line.The Recipient will also need to print his or her name on the second blank space.When the Recipient has successfully supplied these items, he or she must verify the Date of Signature by entering the current date on the last blank space.


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