Noncompete Obligation definition
Examples of Noncompete Obligation in a sentence
I therefore find that the Non-compete Obligation was not reasonable as between the parties, and that it is not valid or enforceable either.
That the Non-compete Obligation extends beyond such a scenario to employment which may be perceived as detrimental only emphasises the point.
In so doing, he affects the profitability and business of the plaintiff – in defiance of the prohibition of the Non-compete Obligation – but has not interfered with the plaintiff’s trade connection, in the sense of its existing client base.
It is understood and acknowledged that any Non-compete Obligation arising under Paragraph 8 shall be in addition to any other obligations on your part under this Agreement, including but not limited to the confidentiality and no-hiring provisions of Paragraphs 6 and 7 above.
The present tense of cl 3 of the Conduct Guide suggests the same, particularly when contrasted with the manner in which the clauses comprising the Non-solicitation Obligation, the Non-compete Obligation and the Confidentiality Obligation clearly specified the periods of time following employment for which those obligations were to extend (see [25] above).
As for the Non-compete Obligation, the words “or may be perceived to be detrimental” are an obvious candidate for the “blue pencil” test, leaving the prohibition on employment “which would by the nature of the employment or engagement will be detrimental to the best interest of the Company”.