Fill and Sign the Agreement Continuation Form

Agreement not to Compete during Continuation of Partnership and After Dissolution THIS PARTNERSHIP AGREEMENT is made and entered into as of _______________ (date), by and among Partner Alpha of _______________________________________ (street address, city, state, zip code) , hereinafter called Partner Alpha, Partner Beta of _____________________________________________ (street address, city, state, zip code) , hereinafter called Partner Beta, and Partner Gamma of _____________________________________________ (street address, city, state, zip code) , hereinafter called Partner Gamma. Partner Alpha, Partner Beta, and Partner Gamma, are each also referred to herein as a Partner and together as the Partners. For and in consideration of the mutual covenants contained in this Agreement, and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the Partners agree as follows: A. The Partners are members of a Partnership known as ____________________ (Name of Partnership ) , formed for the purpose of ________________________ (description of purpose) pursuant to an Agreement dated ________________________ (date) . The Partnership's principal place of business is located at _____________________________________________ (street address, city, state, zip code). B. The Partnership , as a result of successful business operations and a substantial outlay of money, has developed valuable goodwill and earning power. C. The Partners will acquire, because of the confidential relationship existing between the Partners, valuable information and skill with respect to the successful business operations of the Partnership , such as information and skill relating to selling methods, customer lists, forms of agreements and contracts used in the operation of the Partnership's business, and methods of collection of accounts. D. The Partnership will suffer irreparable injury if any such systems, skills, methods, lists, data, or forms are obtained by any other person, firm, or corporation, or used in competition with the Partnership . E. The Partnership's ________________________ (type of business) services occur in ________________________ (name of city) , in ________________________ (name of county) , ________________________ (name of state) , and an area extending for __________________ (number) miles in each direction from __________________ (name of city) . F. The Partners represent that each possesses experience and abilities which makes it possible for them to obtain employment in businesses not actually competing with the Partnership , and that if any partner had to obtain employment of the same type, he or she could obtain employment and would be willing to obtain employment which is not competitive to the Partnership . G. As far as _____________________________________________ (description of category of business) is concerned, a period of __________________ (number) years from the date of the termination of each individual's interest in the Partnership is a reasonable time for covenants against competition to be enforced. H. As far as all other business is concerned, a period of __________________ (number) years is a reasonable time for hereinafter covenants to be enforced. I. A competing business, for the purpose of this Agreement, means: 1. Concerning the Partnership's ________________________ (description of category of business) ; any agency or individual operating within the territory serviced by that agency. 2. Concerning the Partnership's other business, including any business obtained from or through associations, societies, organizations, or concerns which is now written by the agency on the members or employees of members of such groups: (a) any individual, firm, or corporation that solicits or competes with the Partnership for business then being handled by the Partnership , or has solicited or competed for the business of the Partnership during the year preceding the partner's withdrawal; (b) any individual, firm, or corporation that competes for any group which has been solicited by the Partnership within __________________ (number) years prior to the partner's withdrawal; or (c) any individual, firm, or corporation that has obtained, within ________________ (number) years preceding the date of the Partner's withdrawal, any business handled by the Partnership immediately preceding the transfer or acquisition of the business to the competing firm. 3. Concerning the balance of the Partnership business, any individual, firm, or corporation actually competing with the Partnership for its business as then conducted. 4. For the purpose of the restrictive covenants set out below, it is agreed that entering a competitive business shall mean directly or indirectly owning, managing, operating, joining, controlling, being employed by, or participating in the ownership, management, operation, or control of, or selling, canvassing, traveling, or advertising for any competing business, or being connected in any manner with any competing business. I. Competing Business. For the period above set out each Partner agrees that he/she will not enter a competing business for his/her own account or for the account of any other firm, company, or individual. II. Confidential Information. No Partner shall , during the continuation of the Partnership and for __________________ (number) of years following dissolution, furnish information directly or indirectly to anyone engaged or interested in any competing business, including information relating to the secrets of the business as so conducted, information relating to customer lists, loss ratios, expiration dates, agency contracts with the companies, and any information relating to the financial status or income of the agency. III. Liquidated Damages. Any damages sustained by the Partnership due to a wrongful breach of this Agreement would be difficult if not impossible to determine; therefore, it is agreed that if this Agreement is wrongfully breached by any Partner, then $ __________________ is agreed upon as liquidated damages and not as a penalty, which will be due the Partnership from the offending party in lieu of all other damages . IV. Injunction. Notwithstanding the foregoing, and anything to the contrary notwithstanding, i t is agreed that this Agreement shall be enforceable by an injunction in the event of breach to prevent further violations of the Agreement. WITNESS our signatures as of the day and date first above stated. __________________________ Partner Alpha __________________________ Partner Beta __________________________ Partner Gamma