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NON-COMPETE AGREEMENT
This Non-Compete Agreement (this “Agreement”) is made effective as of _________________, by and between Freeman Protective Services, of 707 Main St #120, Nashville, Tennessee 37206, and Contractor, of 707 Main St #120, Nashville, Tennessee 37206.
Officers will be representative of FPS alone while contracted by Freeman Protective Services
1. NON-COMPETE COVENANT. During employment and for a period of Until Contract Termination after the separation of employment for any reason, Contractor will not directly or indirectly engage in any business that competes with Freeman Protective Services.
Directly or indirectly engaging in any competitive business includes, but is not limited to: (i) engaging in a business as owner, partner, or agent, (ii) becoming an employee of any third party that is engaged in such business, (iii) becoming interested directly or indirectly in any such business, or (iv) soliciting any customer of Freeman Protective Services for the benefit of a third party that is engaged in such business. Contractor agrees that this non-compete agreement will not adversely affect Contractor’s livelihood.
2. CONDITION OF EMPLOYMENT. In consideration of the commitments and obligations made by Contractor, Contractor and Freeman Protective Services agree that the execution of this agreement is a condition of the employment of Contractor by Freeman Protective Services.
3. CONFIDENTIALITY. Contractor will not at any time or in any manner, either directly or indirectly, use for the personal benefit of Contractor, or divulge, disclose, or communicate in any manner any information that is proprietary to Freeman Protective Services. The nature of the information and the manner of disclosure are such that a reasonable person would understand it to be confidential. Contractor will protect such information and treat it as strictly confidential. Within 1 week after receiving a written request, Contractor will return to Freeman Protective Services all records, notes, documentation and other items that were used, created, or controlled by Contractor.
4. ENTIRE AGREEMENT. This Agreement contains the entire agreement of the parties regarding the subject matter of this Agreement, and there are no other promises or conditions in any other agreement whether oral or written.
5. SEVERABILITY. The parties have attempted to limit the non-compete provision so that it applies only to the extent necessary to protect legitimate business and property interests. If any provision of this Agreement shall be held to be invalid or unenforceable for any reason, the remaining provisions shall continue to be valid and enforceable. If a court finds that any provision of this Agreement is invalid or unenforceable, but that by limiting such provision it would become valid and enforceable, then such provision shall be deemed to be written, construed, and enforced as so limited.
6. INJUNCTION. It is agreed that if Contractor violates the terms of this Agreement irreparable harm will occur, and money damages will be insufficient to compensate Freeman Protective Services. Therefore, Freeman Protective Services will be entitled to seek injunctive relief (i.e., a court order that requires Contractor to comply with this Agreement) to enforce the terms of this Agreement. The prevailing party shall have the right to collect from the other party its reasonable costs and necessary disbursements and attorneys’ fees incurred in enforcing this Agreement.
7. APPLICABLE LAW. This Agreement shall be governed by the laws of the State of Tennessee.
8. CONFLICT RESOLUTION. In the event of a dispute between the parties, the parties hereby also agree that the prevailing party shall be entitled to reasonable attorney fees and costs incurred as a result of the dispute.
9. SIGNATORIES. This Agreement shall be signed by _________________, on behalf of Contractor and by _________________, on behalf of Freeman Protective Services. This Agreement is effective as of the date first above written.
PROTECTED PARTY: Freeman Protective Services
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PROTECTED PARTY: Freeman Protective Services
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NON-COMPETING PARTY: Contractor
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