Fill and Sign the Not Compete Complete Form

COVENANT NOT TO COMPETE AGREEMENT made this the _______ day of _______ , _______ ,between ________________________ ., a corporation organized and existing under the laws of the State of ___________ , hereinafter called " _______ ," and _______ of _______ , _____________ , hereinafter called " _______ ." W I T N E S S E T H: WHEREAS, _____________________ ., hereinafter called " ______________________ ," has agreed to sell all of its right, title and interest in and to all of the furniture, equipment, fixtures, supplies, motor vehicles, goodwill and miscellaneous inventory, relating to ______________________ .; and WHEREAS, ____________________ is the sole shareholder in ___________________ ; and WHEREAS, ____________________ has agreed to purchase said furniture, equipment, fixtures, supplies, motor vehicles, goodwill and miscellaneous inventory from ______________________ , with the understanding that ________ will enter into this Covenant Not to Compete; and WHEREAS, ______________________ has agreed to enter into this Covenant Not to Compete provided ______________________ pays ______________________ the sum of ______________________ cash; and WHEREAS, ______________________ shall be engaged in the foundation and structural repair business and ______________________ has gained access to certain confidential information and knowledge about the business policies, accounts, procedures and methods to be used by ______________________ with regard to its business; and WHREAS, this Covenant is required for the fair and reasonable protection of the business of ______________________ , and without the restrictions on the activities of ______________________ imposed by this Covenant, the business of ______________________ could suffer significant damage. NOW, THEREFORE, for and in consideration of the sum of ______________________ paid by ______________________ to ______________________ , the receipt and sufficiency of which are hereby acknowledged, and in further consideration of the mutual covenants and promises contained herein, the undersigned ______________________ and ______________________ do hereby bind themselves and fully agree as follows, to-wit: 1. From and after the date hereof, ______________________ will not directly or indirectly own, manage, operate, join, control or participate in the ownership, management, operation or control, or be connected in any manner, whether as owner, agent, salesman, employee, shareholder or otherwise, in the foundation and structural repair business within the States of ____________________ for a term of ____ ( _ ) years from the date hereof. The purpose or object of this Covenant (also referred to herein as "Agreement") is to prohibit ______________________ from engaging in a business competing with ______________________ within the States of _______________________ for a term of ____ (       ) years from the date hereof. 2. Notwithstanding the foregoing, ______________________ reserves the right to operate as a consultant in the business of foundation and structural repair services. 3. Notwithstanding the foregoing, ______________________ may act as a supervisor in the business of foundation and structural repair services, but only with the permission of ______________________ . 4. ______________________ further agrees that for a period of _____ ( _ ) years from the date hereof, he will not directly or indirectly use or disclose for his benefit or for the benefit of another any of ______________________ trade secrets, lists of customers, price lists, or such other confidential or proprietary information, whether or not the information has been, or is, acquired, learned, attained or developed by ______________________ alone or in conjunction with others. 5. ______________________ agrees that the remedy at law f or any breach by them of any of the foregoing provisions will be inadequate, and ______________________ shall be entitled to temporary and permanent injunctive relief without the necessity of proving actual damages, should _______ violate the terms of this Covenant. 6. In the event that the provisions of this Agreement should ever be deemed to exceed the time, geographic or occupational limitations permitted by applicable laws, then this Covenant Not to Compete shall be reformed to the maximum time, geographic or occupational limitations permitted by the applicable laws. 7. This Agreement cannot be changed or terminated orally, and no waiver of compliance with any provision or condition hereof, and no consent provided for herein shall be effective unless evidenced by an instrument in writing duly executed by the party hereto sought to be charged with such waiver or consent. 8. This Agreement sets forth the entire understanding of the parties and supersedes any and all prior agreements, arrangements and understandings relating to the subject matter hereof. No representation, promise, inducement or statement of intention has been made by ______________________ which is not embodied in this Agreement, and neither ______________________ nor ______________________ shall be bound by, or liable for, any alleged representation, promise, inducement, or statement or intention not embodied herein. 9. This Agreement shall be construed and enforced in accordance with the laws of the State of _____________ . 10. In the event of litigation arising out of this Covenant, the prevailing party or parties shall be entitled to recover, and in addition to the relief granted, all costs incurred, including reasonable attorneys' fees. 11. This Agreement may be signed in any number of counterparts with the same effect as if the signature to each such counterpart were upon the same instrument. 12. This Agreement shall be binding upon, and inure to the benefit of, the parties hereto, their respective successors, heirs, assigns, executors and administrators. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be signed as of the day and year first above written. ______________________ By: ______________________ ______________________ , President STATE OF ____________________ COUNTY OF ______________________ Personally appeared before me, the undersigned authority in and for the said County and State, on this _______ day of _______ , _______ , within my jurisdiction, the within-named ______________________ , who acknowledged that she is President of ______________________ , a __________________ Corporation, and that, for and on behalf of the said corporation and as its act and deed, she executed the above and foregoing instrument, after first having been duly authorized by said Corporation so to do. NOTARY PUBLIC My Commission Expires: STATE OF ________________ COUNTY OF _________________ Personally appeared before me, the undersigned authority in and for the said County and State, on this _______ day of _______ , _______ , within my jurisdiction, the within-named ___________________ , who acknowledged that he executed the above and foregoing instrument. NOTARY PUBLIC My Commission Expires: