This is a non-competition agreement which has been entered into by a company and a corporation. Whereas, in order to protect the company's interest in the business, the company's obligation to consummate the purchase agreement is conditioned upon the seller entering into this agreement and agreeing to the restrictive covenants contained within the agreement.
Kentucky Sample Noncompetition Agreement between two Businesses
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Multi-State
Control #:
US-C-9038
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How to fill out Kentucky Sample Noncompetition Agreement Between Two Businesses?
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FAQ
Kentucky does not have an across-the-board ban on non-compete agreements. The enforceability of any such contract depends entirely on its terms and the nature of the business. Kentucky courts have reviewed many such contracts and have established rules for their enforcement.
Non-competes remain legal, valid and enforceable in Kentucky if they meet certain requirements. With no Kentucky statute on point, judges have established rules through state common law in court opinions.
Non-compete and non-solicitation agreements are clauses that attempt to limit a former employee's ability to work with a competitor and/or solicit former clients for a specific duration of time.
Non-Competition Clause Examples Example 1: Preventing former employees from using trade secrets. Example 2: Stopping contractors from competing with you. Example 3: Former partners limiting the geographical reach. Example 4: Extra protection in business contracts.
Duration: Noncompete restrictions typically last anywhere from six months to two years after the employment relationship ends. The total duration, however, might be shorter or longer depending on any employer's unique needs or interests.
The Employee specifically agrees that for a period of months/years after the Employee is no longer employed by the Company, the Employee will not engage, directly or indirectly, either as proprietor, stockholder, partner, officer, employee or otherwise, in the same or similar activities as were performed for
Existing employment relationship with no new consideration In 2014, the Kentucky Supreme Court made it clear that when an employer seeks to impose a non-compete agreement on an existing employee without granting additional consideration, the agreement is not enforceable. The case was called Charles T. Creech, Inc. v.
Existing employment relationship with no new consideration In 2014, the Kentucky Supreme Court made it clear that when an employer seeks to impose a non-compete agreement on an existing employee without granting additional consideration, the agreement is not enforceable.
By Janet A. In California, North Dakota, the District of Columbia, and Oklahoma, non-competes are either entirely or largely unenforceable as against public policy. Other states, including Maine, Maryland, New Hampshire, Rhode Island, and Washington, have banned non-compete agreements for low-wage workers.
Here are some tips:What is a noncompete agreement?Keep the group small.Keep the restrictions reasonable and narrow.Provide consideration for the agreement.Get it in writing.Prepare multiple versions if necessary.Concede choice of law/forum.Provisions to include.
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