This non-competition agreement has been made between a buyer and a seller. Seller acknowledges and agrees that all confidential information known or obtained by seller, whether before or after the date hereof, is the property of the company. Therefore, seller agrees that seller will not, at any time, disclose to any unauthorized persons or use for his own account or for the benefit of any third party any confidential information.
Idaho Sample Noncompetition Agreement - Stock Sale
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State:
Multi-State
Control #:
US-C-9147
Format:
Word;
Rich Text
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How to fill out Sample Noncompetition Agreement - Stock Sale?
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FAQ
While the majority of states allow their courts to blue pencil or rewrite restrictive covenants to make them reasonable, three states do not permit such reformation, and four states have no clear legal guidance on whether blue-penciling is permitted, leaving employers in limbo.
Some states have enacted even broader restrictions on non-competition agreements. Later this year, the District of Columbia will join California, North Dakota, and Oklahoma as the only states that ban the use of employer/employee non-competition agreements in most circumstances. See D.C. Act 23-563.
Idaho law states that if a non-compete is unreasonable in any respect, a court must modify the agreement to reflect the intent of the parties and render the agreement reasonable and enforceable.
It is possible to find non-compete loopholes in certain circumstances in order to void a non-compete contract. For instance, if you can prove that you never signed the contract, or if you can demonstrate that the contract is against the public interest, you may be able to void the agreement.
Assuming an employee meets the definition of a key employee, an Idaho court will enforce a non-compete obligation as long as it is reasonable in terms of duration, geographic scope, and scope of restricted activities.
The Employee specifically agrees that for a period of months/years after the Employee is no longer employed by the Company, the Employee will not engage, directly or indirectly, either as proprietor, stockholder, partner, officer, employee or otherwise, in the same or similar activities as were performed for
Traditionally, Idaho courts have been remarkably hesitant to modify (i.e., "blue pencil") an unreasonable restrictive covenant to make it enforceable, opting instead to forego enforcing unreasonable covenants. See, e.g., Insurance Ctr., Inc.
A Quick State-By-State Guide on the Blue Pencil Rule In Arizona, Indiana, North Carolina, South Carolina, and Oklahoma, courts will only reform the covenants that are activity restraints or non-solicitation covenants.
Under the APLBI, Idaho employers may use non-compete agreements to protect their legitimate business interests by precluding key employees (or independent contractors) from engaging in employment that is in direct competition with the employer's business after termination of employment. The APLBI has provided
