Louisiana Express Covenants

State:
Multi-State
Control #:
US-OG-792
Format:
Word; 
Rich Text
Instant download

Description

This lease rider form may be used when you are involved in a lease transaction, and have made the decision to utilize the form of Oil and Gas Lease presented to you by the Lessee, and you want to include additional provisions to that Lease form to address specific concerns you may have, or place limitations on the rights granted the Lessee in the “standard” lease form.

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FAQ

Louisiana courts require that noncompetition agreements strictly comply with R.S. 1. Under section 921, a noncompete agreement is unenforceable in Louisiana unless the agreement strictly complies with the elements of section 921.

Four states?California, Minnesota, North Dakota and Oklahoma?have banned noncompete agreements entirely, and many other states have enacted restrictions, such as setting a compensation threshold or requiring advance notice.

Scope: Non-compete agreements must specify the type of work or services that an ex-employee cannot provide. They should include information, techniques, procedures, and practices that are unique to the business or otherwise proprietary. Competitors: The competition must be defined in the agreement.

Alexander recognized three implied covenants that lessees are bound by: (1) the implied covenant to develop the premises, (2) the implied covenant to protect the leasehold, and (3) the implied covenant to manage and administer the lease.

Implied covenants differ from express covenants in that they are not formally written and recorded in the county records. Implied covenants arise through the actions, promises and statements of a land developer, coupled with the reasonable expectations of the purchasers of such land.

To be enforceable, a non-compete or non-solicitation agreement may only be for a maximum of two years from the employee's termination date (La. R.S. 1(C)). Louisiana courts strictly enforce this rule and have voided agreements imposing longer terms (see Allied Bruce Terminix Cos., Inc. v.

An example of a contractual covenant is a non-compete agreement. Examples of common covenants in property law include agreements not to build a fence or agreements to maintain a shared driveway.

How to Deal with a Non-Compete Agreement Talk to a Lawyer. ... Consider the Scope of the Agreement. ... Limit the Scope of the Agreement. ... Exclude Certain Activities from the Agreement. ... Negotiate a ?Severance Package? in Exchange for Signing the Agreement. ... Don't Sign the Agreement If You Disagree or Don't Understand It.

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Louisiana Express Covenants