Mississippi Non-Compete Agreement Template
This Non-Compete Agreement (hereinafter the "Agreement") is made effective as of ______ [insert date], by and between ______ [insert name of the person restricted by the non-compete] (hereinafter the "Employee") and ______ [insert name of the employer] (hereinafter the "Employer"), collectively referred to as the "Parties."
1. Purpose of Agreement
This Agreement is executed with the intention of protecting the Employer's legitimate business interests, including but not limited to its confidential information, trade secrets, and the goodwill associated with its customer relationships. It aims to restrict the Employee from engaging in activities that could directly compete with the Employer within a specified geographical area for a defined period following the termination or conclusion of the Employee's engagement with the Employer.
2. Non-Compete Covenant
The Employee agrees not to directly or indirectly engage in any business that competes with the Employer's business, including but not limited to the offering of goods or services similar to those offered by the Employer, within ______ [insert geographical area] for a period of ______ [insert time period] following the termination or conclusion of their employment with the Employer. This restriction applies to activities conducted on the Employee's own behalf or through affiliation with another entity or individual.
3. Consideration
The consideration for this Agreement shall be $______ [insert amount] or other valuable consideration, the receipt and sufficiency of which is hereby acknowledged by the Employee.
4. Specificity of Restriction
This Agreement does not restrict the Employee from engaging in non-competing business activities or seeking employment with businesses that do not directly compete with the Employer's primary business operations, as defined herein.
5. Severability
In the event that any provision of this Agreement is deemed unenforceable or invalid under the law, such unenforceability or invalidity shall not render this Agreement unenforceable or invalid as a whole. Instead, the Agreement shall be interpreted and enforced as if such invalid or unenforceable provision were not contained herein.
6. Applicable Law
This Agreement shall be governed by and construed in accordance with the laws of the State of Mississippi, without giving effect to any choice or conflict of law provision or rule. Any legal suit, action, or proceeding arising out of, or related to this Agreement shall be instituted exclusively in the federal courts of the United States or the courts of the State of Mississippi.
7. Entire Agreement
This Agreement constitutes the entire agreement between the Parties with respect to the subject matter contained herein and supersedes all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, with respect to such subject matter.
8. Signature
IN WITNESS WHEREOF, the Parties have executed this Non-Compete Agreement as of the Effective Date first above written.
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Employee's Signature
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Employer's Signature