Fill and Sign the Agreement Small Business Form

NON-COMPETITION AGREEMENT This agreement entered into this the ____ day of ______ , 2000 by and between ______________ d/b/a ___________ Company (hereinafter "Seller") and __________ , a ______________ corporation (hereinafter "Buyer"). Pursuant to an Agreement dated ___________ , 20 __ , Seller has agreed to sell to Buyer and Buyer has agreed to purchase from Seller substantially all the assets used in Seller's _______________ business. As a condition to the closing of the sale, Seller and Buyer are obligated to enter into this non-competition agreement. AGREEMENT In consideration of the mutual covenants set forth in the aforesaid agreement and the covenants of the parties set forth herein it is agreed as follows: SECTION 1. NON-COMPETITION COVENANT Seller hereby covenants and agrees that for a period of three (3) years from the date hereof, Seller will not: (1) Engage directly or indirectly in any business competitive with the business Buyer is purchasing from Seller within 100 miles of the nearest city limit of ___________ , ________________ ; or (2) Directly or indirectly suggest, request, or encourage any prior employees, suppliers, or customers of Seller to curtail, reduce, or cancel their employment or business done with Buyer. - 1 - SECTION 2. ENFORCEMENT It is recognized that damage to Buyer in the event of breach of the covenants of Seller herein would be difficult if not impossible to ascertain. It is therefore agreed that Buyer, in addition to and without limiting any other remedy or right that it may have, shall have the right to an injunction against Seller issued by a court of competent jurisdiction enjoining such breach. SECTION 3. LITIGATION If any suit or action (including appeal therefrom) is brought to enforce this agreement, the prevailing party shall be entitled to receive from the other party reasonable attorney fees and costs incurred in such litigation. SECTION 4. SEVERABILITY If any provision of this agreement is deemed to be illegal or otherwise void, invalid, or unenforceable, such provision shall be disregarded and the remainder of this agreement without such provision shall not be affected and shall remain in full force and effect. SECTION 5. GOVERNING LAW This agreement shall be construed and enforced in accordance with and under the laws of the State of __________________ . SELLER: BUYER:             __________________ d/b/a       __________________ Company - 2 - STATE OF ______________ COUNTY OF ____________ PERSONALLY came and appeared before me, the undersigned in and for the jurisdiction aforesaid, the within named __________________ in the above and foregoing instrument of writing, who acknowledged that he signed and delivered the above and foregoing instrument on the date and year therein mentioned, as his own free will and act. GIVEN under my hand and official seal of office on this the ____ day of _______ , 20 __ . __________________________ NOTARY PUBLIC MY COMMISSION EXPIRES: ______________________ STATE OF ______________ COUNTY OF ____________ PERSONALLY came and appeared before me, the undersigned in and for the jurisdiction aforesaid, the within named __________________ in the above and foregoing instrument of writing, who acknowledged that he signed and delivered the above and foregoing instrument on the date and year therein mentioned, as his own free will and act. GIVEN under my hand and official seal of office on this the ____ day of _______ , 20 __ . __________________________ NOTARY PUBLIC MY COMMISSION EXPIRES: ______________________ - 3 -