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Non-Compete Agreement

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NON-COMPETE AGREEMENT



THIS NON-COMPETE AGREEMENT (the "Agreement") is made effective as of ________ (the "Agreement Date").



BY AND BETWEEN

________, of the following address:

________

AND

________, of the following address:

________

(referred to herein as "Parties" or individually as "Party")

(1) BACKGROUND

(a) ________ and ________ are currently engaged, or plan to engage in future, in a business relationship ("the Business Relationship").

(b) ________ may, either during the Business Relationship or after the Business Relationship has terminated, have an opportunity to obtain an unfair competitive advantage over the business of ________ ("the Business") or to compete with the Business in such a way that may cause harm or damage to the Business.

(c) The Parties have chosen to enter this Agreement in order to protect the legitimate business interests of ________.


(2) CONSIDERATION

In consideration of the commitments and obligations made by ________, ________ will give compensation to ________ in the amount of $10 (ten Australian dollars).


(3) NON-COMPETE COVENANT

(a) During the Business Relationship and for the time period as described in the "Time Period" clause of this Agreement (which shall hereinafter be referred to as the "Time Period"), ________ will not directly or indirectly engage in any business that competes with ________.

(b) Directly or indirectly engaging in any competitive business includes, but is not limited to:

(I) engaging in a business as owner, partner, or agent;

(II) becoming an employee of any third party that is engaged in such business;

(III) becoming interested directly or indirectly in any such business; or

(IV) soliciting any customer of ________ for the benefit of a third party that is engaged in such business

(c) ________ agrees that this non-compete agreement will not adversely affect ________'s livelihood.

(d) This covenant shall apply to the geographic area as described in the "Geographic Area" clause of this Agreement, (which shall hereinafter be referred to as the "Geographic Area").


(4) NON-SOLICITATION COVENANT

(a) During the Business Relationship and for the Time Period (as described in the "Time Period" clause of this Agreement), ________ will not directly or indirectly solicit business from, or attempt to sell, license, or provide the same or similar products or services as are now provided to any customer or client of ________.

(b) During the Business Relationship and for the Time Period (as described in the "Time Period" clause of this Agreement), ________ shall not use ________'s existing client demographic and confidential information to solicit and provide quotes and/or transfer business to any competing entity.

(c) During the Business Relationship and for the Time Period (as described in the "Time Period" clause of this Agreement), ________ will not directly or indirectly solicit, induce, or attempt to induce any employee of ________ to terminate his or her employment with ________.


(5) CONFIDENTIALITY

________ will not at any time or in any manner, either directly or indirectly, use for the personal benefit of ________, or divulge, disclose, or communicate in any manner any information that is proprietary to ________. The nature of the information and the manner of disclosure are such that a reasonable person would understand it to be confidential. ________ will protect such information and treat it as strictly confidential.


(6) TIME PERIOD

(a) For the purposes of this Agreement, "the Time Period" means, from the Agreement Date, the following amount of time:

six months.

(b) This clause will survive termination, expiration or Completion of this Agreement.


(7) GEOGRAPHIC AREA

(a) For the purposes of this Agreement, "the Geographic Area" means, from the Restraint Address, a distance of:

(I) one kilometre;

(b) For the purposes of this Agreement, "Restraint Address" means the following address:

________

(c) This clause will survive termination, expiration or Completion of this Agreement.


(8) ENTIRE AGREEMENT

This Agreement contains the entire Agreement of the parties regarding the subject matter of this Agreement, and there are no other promises or conditions in any other Agreement, whether oral or written.


(9) BAEAABCFEFFA

(________) Faa dcfffaa acea cffaadfab fc ffaff faa bcb-acadafa dfcefafcb ac facf ff cddffaa cbfp fc faa aafabf baaaaacfp fc dfcfaaf fadfffacfa abafbaaa cbb dfcdaffp fbfafaafa.

(________) Fb cbp dfcefafcba cb fafa Bdfaaaabf aacff aa aafb fc aa fbecffb cf bbabbcfaacafa bcf cbp facacb, faa faacfbfbd dfcefafcba aacff acbffbba fc aa ecffb cbb abbcfaacafa.

(________) Fb c acbff bfbba facf cbp dfcefafcb cb fafa Bdfaaaabf fa fbecffb cf bbabbcfaacafa, abf facf ap ffafffbd abaa dfcefafcb ff acbfb aaacaa ecffb cbb abbcfaacafa, faab abaa dfcefafcb aacff aa baaaab fc aa affffab, acbaffbab, cbb abbcfaab ca ac ffaffab.


(10) INJUNCTION

(a) It is agreed that if ________ violates the terms of this Agreement, irreparable harm will occur, and damages will be insufficient to compensate ________.

(b) In the event of a breach of this Agreement, ________ will be entitled to seek injunctive relief (i.e. a court order that requires all parties comply with this Agreement) to enforce the terms of this Agreement.

(c) In case of litigation, the prevailing party shall have the right to collect from the other party its reasonable costs and necessary disbursements and legal fees incurred in enforcing this Agreement.


(11) APPLICABLE LAW

This Agreement shall be governed by the laws of New South Wales.


(12) BINDING

The provisions of this Agreement shall be binding upon and inure to the benefit of both parties and their respective legal representatives, successors, and assigns.





EXECUTED AS AN AGREEMENT THIS ________


Signed for and on behalf of ________ in accordance with section 127(1) of the Corporations Act 2001 (Commonwealth) by being signed by ________ and ________, two of its directors:



..................................................

________, Director



..................................................

________, Director



Signed for and on behalf of ________ in accordance with section 127(1) of the Corporations Act 2001 (Commonwealth) by being signed by ________ and ________, two of its directors:



..................................................

________, Director



..................................................

________, Director

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NON-COMPETE AGREEMENT



THIS NON-COMPETE AGREEMENT (the "Agreement") is made effective as of ________ (the "Agreement Date").



BY AND BETWEEN

________, of the following address:

________

AND

________, of the following address:

________

(referred to herein as "Parties" or individually as "Party")

(1) BACKGROUND

(a) ________ and ________ are currently engaged, or plan to engage in future, in a business relationship ("the Business Relationship").

(b) ________ may, either during the Business Relationship or after the Business Relationship has terminated, have an opportunity to obtain an unfair competitive advantage over the business of ________ ("the Business") or to compete with the Business in such a way that may cause harm or damage to the Business.

(c) The Parties have chosen to enter this Agreement in order to protect the legitimate business interests of ________.


(2) CONSIDERATION

In consideration of the commitments and obligations made by ________, ________ will give compensation to ________ in the amount of $10 (ten Australian dollars).


(3) NON-COMPETE COVENANT

(a) During the Business Relationship and for the time period as described in the "Time Period" clause of this Agreement (which shall hereinafter be referred to as the "Time Period"), ________ will not directly or indirectly engage in any business that competes with ________.

(b) Directly or indirectly engaging in any competitive business includes, but is not limited to:

(I) engaging in a business as owner, partner, or agent;

(II) becoming an employee of any third party that is engaged in such business;

(III) becoming interested directly or indirectly in any such business; or

(IV) soliciting any customer of ________ for the benefit of a third party that is engaged in such business

(c) ________ agrees that this non-compete agreement will not adversely affect ________'s livelihood.

(d) This covenant shall apply to the geographic area as described in the "Geographic Area" clause of this Agreement, (which shall hereinafter be referred to as the "Geographic Area").


(4) NON-SOLICITATION COVENANT

(a) During the Business Relationship and for the Time Period (as described in the "Time Period" clause of this Agreement), ________ will not directly or indirectly solicit business from, or attempt to sell, license, or provide the same or similar products or services as are now provided to any customer or client of ________.

(b) During the Business Relationship and for the Time Period (as described in the "Time Period" clause of this Agreement), ________ shall not use ________'s existing client demographic and confidential information to solicit and provide quotes and/or transfer business to any competing entity.

(c) During the Business Relationship and for the Time Period (as described in the "Time Period" clause of this Agreement), ________ will not directly or indirectly solicit, induce, or attempt to induce any employee of ________ to terminate his or her employment with ________.


(5) CONFIDENTIALITY

________ will not at any time or in any manner, either directly or indirectly, use for the personal benefit of ________, or divulge, disclose, or communicate in any manner any information that is proprietary to ________. The nature of the information and the manner of disclosure are such that a reasonable person would understand it to be confidential. ________ will protect such information and treat it as strictly confidential.


(6) TIME PERIOD

(a) For the purposes of this Agreement, "the Time Period" means, from the Agreement Date, the following amount of time:

six months.

(b) This clause will survive termination, expiration or Completion of this Agreement.


(7) GEOGRAPHIC AREA

(a) For the purposes of this Agreement, "the Geographic Area" means, from the Restraint Address, a distance of:

(I) one kilometre;

(b) For the purposes of this Agreement, "Restraint Address" means the following address:

________

(c) This clause will survive termination, expiration or Completion of this Agreement.


(8) ENTIRE AGREEMENT

This Agreement contains the entire Agreement of the parties regarding the subject matter of this Agreement, and there are no other promises or conditions in any other Agreement, whether oral or written.


(9) BAEAABCFEFFA

(________) Faa dcfffaa acea cffaadfab fc ffaff faa bcb-acadafa dfcefafcb ac facf ff cddffaa cbfp fc faa aafabf baaaaacfp fc dfcfaaf fadfffacfa abafbaaa cbb dfcdaffp fbfafaafa.

(________) Fb cbp dfcefafcba cb fafa Bdfaaaabf aacff aa aafb fc aa fbecffb cf bbabbcfaacafa bcf cbp facacb, faa faacfbfbd dfcefafcba aacff acbffbba fc aa ecffb cbb abbcfaacafa.

(________) Fb c acbff bfbba facf cbp dfcefafcb cb fafa Bdfaaaabf fa fbecffb cf bbabbcfaacafa, abf facf ap ffafffbd abaa dfcefafcb ff acbfb aaacaa ecffb cbb abbcfaacafa, faab abaa dfcefafcb aacff aa baaaab fc aa affffab, acbaffbab, cbb abbcfaab ca ac ffaffab.


(10) INJUNCTION

(a) It is agreed that if ________ violates the terms of this Agreement, irreparable harm will occur, and damages will be insufficient to compensate ________.

(b) In the event of a breach of this Agreement, ________ will be entitled to seek injunctive relief (i.e. a court order that requires all parties comply with this Agreement) to enforce the terms of this Agreement.

(c) In case of litigation, the prevailing party shall have the right to collect from the other party its reasonable costs and necessary disbursements and legal fees incurred in enforcing this Agreement.


(11) APPLICABLE LAW

This Agreement shall be governed by the laws of New South Wales.


(12) BINDING

The provisions of this Agreement shall be binding upon and inure to the benefit of both parties and their respective legal representatives, successors, and assigns.





EXECUTED AS AN AGREEMENT THIS ________


Signed for and on behalf of ________ in accordance with section 127(1) of the Corporations Act 2001 (Commonwealth) by being signed by ________ and ________, two of its directors:



..................................................

________, Director



..................................................

________, Director



Signed for and on behalf of ________ in accordance with section 127(1) of the Corporations Act 2001 (Commonwealth) by being signed by ________ and ________, two of its directors:



..................................................

________, Director



..................................................

________, Director