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The Non-Mutual Agreement In such cases, the employee is the only party signing the agreement that is prevented from sharing confidential information. Also called a unilateral NDA, only one party is bound to confidentiality as they are the only party receiving sensitive information.
First, for independent contractors, Colorado courts have determined that non-compete agreements apply equally to independent contractors as well as employees. That is, whether a person was employed as an employee or as an independent contract is irrelevant to whether a non-compete agreement can be enforced.
Notice requirements. Employers must provide notice of the non-compete and the terms of the non-compete to any prospective worker either before the worker accepts the job or 14 days before the effective date or date of additional compensation that provides consideration for the covenant.
On August 10, 2022, Colorado House Bill 22-1317 became law. Following the national trend of limiting employer use of non-compete and non-solicit covenants, Colorado now prohibits the use of non-competes and non-solicits except in the sale of business context and with ?highly compensated? workers.
Confidentiality of the Agreement The parties agree that the terms and provisions of this Agreement shall be kept confidential and shall be disclosed only to those persons and entities as required by law or as permitted by the other party hereto.
Confidentiality Clause - Sample 02 The parties to this Agreement agree that each shall treat as confidential all information provided by a party to the others regarding such party's business and operations, including without limitation the investment activities or holdings of the Fund.
To try to prevent such an outcome, a worker who is a party to a non-compete or non-solicitation agreement, may seek a declaratory judgment from a Colorado court of competent jurisdiction, or an arbitrator if an arbitration clause applies, to ask that it be declared that the non-compete or non-solicitation agreement is ...
Summary of Colorado's Non-Compete Statute A non-compete agreement can only be enforced against a worker who earns at least $101,250 annually (or the adjusted salary threshold then in effect).