This office lease clause states that the tenant shall not make any alterations or other physical changes in or about the Demised Premises without the owner's prior consent in each instance.
South Carolina Alterations Clauses Oppressive Approach
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Non-compete agreements are not viewed favorably under North Carolina law. To be valid, they must be designed to protect a legitimate business interest of the employer. If it is too broad to be considered a reasonable protection of the employer's business, it will not be enforced.
SECTION 36-2-318. Third party beneficiaries of warranties express or implied. A seller's warranty whether express or implied extends to any natural person who may be expected to use, consume or be affected by the goods and whose person or property is damaged by breach of the warranty.
Be specific: Courts tend to enforce restrictive covenants that are tailored to the specific customers or accounts of the employer or business. Include an itemized list of accounts or clients that the employee is required not to solicit or contact, and then limit that to a reasonable timeframe.
The courts require employers to narrowly tailor the agreements to that it is confined in geography and time in addition to being necessary to protect the business interest. All that to say that noncompetes are enforceable in South Carolina so long as that correct touch is applied when drafting the agreement.
Another way to defeat a non-compete contract is to show that your employer has behaved illegally or unethically towards their clients. In general, an employer will not want these matters raised in a court case, so they may void your non-compete agreement if you have proof of these behaviors.
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.
SECTION 16-1-57. Classification of third or subsequent conviction of certain property crimes. A person convicted of an offense for which the term of imprisonment is contingent upon the value of the property involved must, upon conviction for a third or subsequent offense, be punished as prescribed for a Class E felony.
FTC's Non-Compete Ban Reportedly Delayed Until 2024: Your 7-Step Guide While Waiting. A recent report from Bloomberg Law indicated that the Federal Trade Commission's vote to formally ban non-compete agreements in most employment agreements won't take place until April 2024.