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South Dakota Non-Compete Agreement Template

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The South Dakota Non-Compete Agreement Template acts as a safeguard against the misuse of a Business’ Proprietary Information or Trade Secrets by the Signature Recipient of this contract. This is accomplished by presenting the basic code of conduct the Business expects the Recipient to follow at the start of the relationship they will enter. This paperwork will be geared to Business’ interest in making sure the Signature Recipient does not compete unfairly or help others compete unfairly using the information he or she gained because of the relationship they enter. Obviously, public knowledge is excluded from such agreements however a Business’ Trade Secrets could have devastating effects on its standing if they were to be made available to a competitor.

This is not to say the Recipient may never use the experience or knowledge they gain with an employer or business partner; such an agreement could prevent the Recipient from furthering his or her career in any way, so this would be considered both unfair and unlawful in the State of South Dakota (Section 53-9-11 of the South Dakota Codified.). Furthermore, such an agreement may not cover the entire country. That is, a specific region of South Dakota must be named for a time period (under two years) where the Recipient will need to follow the terms of this agreement. It is worth noting that any such agreement may become nullified if the issuing Business ceases to exist.

Laws53-9-8

How to Write

1 – Record The Legal Identity Of Each Signature Party

This paperwork will make some requests for it to be executed correctly. The first two requests will be made during the introduction in “1. Purpose.” Find the term “…Relating To The Business Of,” then use the available space following it to record the Name of the Business Entity requesting compliance from the Contract Recipient.The second space in this introduction calls for the Contract Recipient Name. This individual will show his or her intention of following the Business Entity’s conditions as documented in this paperwork

2 – Select The Applicable Recipient Responsibilities

The details of the expected Recipient Behavior will need to be clearly presented using the second part of this document, “2. Non-Compete/Disclosure.” Select the statements the Contract Recipient must comply with by marking the checkbox statement or leave inapplicable statements unmarked.

The statement beginning with the label “Business Practices” will have a corresponding check box. The Recipient of this paperwork will be forbidden in engaging in professional activities that compete against the concerned Company’s product and services once this box has been checked.The second statement of this section will declare the Recipient may not maintain or develop professional relationships with the Business Entity’s “Clients/Customers” if its check box is marked.The next statement items will concern themselves with entities the concerned Company considers its Competitors. If the Business Entity intends this paperwork to forbid the Recipient from professionally dealing with its Competitors, then mark the third check box. If it wishes the Recipient to refrain from “Specific Competitor(s)” then, mark the fourth box. If there are such entities, make sure to list their Names on the blank lines presented. The issuing Business Entity may impose one, both, or neither of these statements at its discretionThe last statement here will block the Recipient from conducting any relationships with the Business Entity’s “Employees,” if it is check marked by the last statement

3 – Outline The Time Frame When The Recipient Is Obligated Here

This paperwork’s third part, under the “3. Time Period” heading,” will contain the language required to appoint this paperwork’s Recipient Restrictions a life span. In the State of South Dakota, this may not exceed a period of two years. Enter the number of years and/or months constituting the life span of these restrictions on the blank line in this part’s statement.To fully define this document’s Effective Period, it will be necessary to name when it’s conditions will start. If they start when this contract is executed, mark the first check box in this section. If they start when the professional relationship the Business Entity holds with the Recipient terminates or ends, then mark the second check box.The fourth part in this contract will concern itself with the termination of these conditions. The Business Entity can choose to allow a release of the terms imposed upon the Contract Recipient, so long as he or she pays a pre-determined sum of money in exchange. If both the Business Entity and the Recipient can agree to this possibility, then record the exact dollar amount required as payment on the two blank spaces in part “4. Purchase Options,” and mark the first statement check box. If the Recipient is intended to finish the course of this Effect once it begins then mark the second check box.

4 – Declare Which South Dakota Regions Where These Recipient Restrictions Are Effective

The fifth part of this paperwork will seek to appoint a South Dakota Neighborhood, County, City, or Region where the Recipient is expected to operate in full compliance with this agreement. Find the blank line in “5. Jurisdiction” then provide this information. If there is more than one area and more room is required, you may add more blank lines with the appropriate program or continue the list on an attachment.

5 – Furnish The Intended Execution Date

The Date when this paperwork it signed will be its execution Date. This will be when the Signature Parties have gathered to physically supply the required items to confirm their intention to follow the terms set forth in this contract. This date should be solidified then reported in part “13. Entire Agreement” as a Two-Digit Calendar Day, Month Name, and Two-Digit Year on the three blank lines in the statement beginning with the words “In Witness Whereof, The Parties Hereto Have Agreed…”

6 – Make Sure Each Signature Party Satisfies This Execution

Two columns will constitute the final area in this document. Each Signature Participant will be called upon to supply his or her respective column with required items. The left-hand column, “The Company,” shall allow the concerned Business Entity to enter this agreement by signing the first blank line (“Signature”). Typically, this will be performed by a Signature Representative of the Business Entity. This entity will also need to Print his or her Name and disclose the role he or she plays on the “Print Name And Title” line. The Business Representative must enter the current Date to verify when he or she officially issues and agrees to these terms on the last blank line.

The “Recipient” column presents a distinct area where the individual who will be held responsible for these terms can formally enter this agreement by signing his or her Name on the “Signature” line. Then on the blank line just above the words “Print Name,” the Recipient should furnish his or her full Name printed out. The Recipient will also need to personally verify the Date he or she signed this agreement by entering it on the “Date” line.

 

 


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