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1. Parties: Identification of employer and employee, including full legal names and addresses
2. Background: Context of employment relationship and business justification for non-compete restrictions
3. Definitions: Key terms including competitive activities, confidential information, restricted territory, and prohibited activities
4. Scope of Restrictions: Detailed description of prohibited competitive activities and specific limitations on future employment
5. Duration: Specific time period for which the non-compete restrictions will remain in effect
6. Geographic Area: Precise definition of territorial scope where restrictions apply
7. Consideration: Specific benefits or compensation provided to employee in exchange for non-compete agreement
1. Garden Leave: Provisions for paid non-compete period after employment termination, typically used for senior executives
2. Carve-outs: Specific exceptions and permitted activities excluded from non-compete restrictions
3. Blue Pencil Provision: Clause allowing court modification of overbroad restrictions to preserve enforceability where permitted by state law
1. Schedule A - List of Competitors: Comprehensive list of specific competing businesses covered by the non-compete
2. Schedule B - Geographic Territory Map: Visual and written definition of restricted geographic area
3. Schedule C - Consideration Details: Detailed breakdown of compensation or benefits provided in exchange for non-compete agreement
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Non Compete Language In Employment Contract
A contractual provision restricting post-employment competition, subject to varying state laws across the United States.
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