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In contrast, in many industries, a Non-Compete with a duration of 6-months will be considered reasonable, and therefore enforceable. The general rule is that the duration of the agreement should not exceed the time reasonably necessary to protect the employer's legitimate business interests.
Non-solicitation clauses that are clear, carefully drafted, and suitably retrained in temporal and spatial terms, are often enforceable. An appropriate clause will serve the purpose of protecting the employer without unduly compromising a person's ability to work in their industry.
The specific section of an agreement waiving away rights is also called an exculpatory clause. They are usually used in amusement parks, sporting activities, and other such activities that may lead to physical injury.
Non-solicitation Agreements are Specifically Regulated. The New Act, however, now seems to require that an employer possess a protectable interest to enforce a non-solicitation agreement and appears to impose other requirements similar to those needed to enforce non-compete agreements.
A severance agreement, sometimes referred to as a waiver of a right to sue, is a type of contract that an employee may be asked to sign by their employer after the employee has been terminated or laid off during the downsizing of a business.
A restrictive covenant is a clause in an employment contract or services agreement that works to prohibit an individual from (among other things) competing with his or her ex-employer for a certain period after he or she has left the business.
A covenant not to sue is a legal agreement in which the party seeking damages agrees not to sue the party that it has cause against. Covenants not to sue are used to settle specific legal issues outside of the court system.
A promise not to sue means Executive promises not to sue any Released Party in court. This is different from the Waiver and Release in Section 3 above. Besides waiving released claims, Executive agrees never to sue any Released Party for any reason covered by the Waiver and Release.
Alabama Non-Compete LawAlabama law generally frowns upon non-compete agreements, stating that every contract by which anyone is restrained from exercising a lawful profession, trade, or business of any kind otherwise is void.
A release is a waiver or relinquishment of a known right. A release of liability will relinquish, or destroy, the injured party's cause of action. A covenant not to sue, on the other hand, is not a waiver of a known right; nothing is relinquished or destroyed.