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Stipulations. A non-competition agreement must adhere to the basic requirements of a valid contract. These essential elements include offer, acceptance and consideration. Both parties must have a mutual agreement to the terms of the contract, and both parties must provide consideration to seal the agreement.
Non-solicitation clauses that are clear, carefully drafted, and suitably retrained in temporal and spatial terms, are often enforceable.
Moyes, the court determined that as a long as an employee non-solicitation agreement is lawful, reasonable and does not have a significant negative impact on trade/business, such agreement will be held valid and enforceable under California state law.
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compete agreement is a written legal contract between an employer and an employee. The noncompete agreement lays out binding terms and conditions about the employee's ability to work in the same industry and with competing organizations upon employment termination from the current employer.