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Form #1562

Provision or agreement as to noncompetition by seller

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Provision or agreement as to noncompetition by seller


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Provision or agreement as to noncompetition by seller.

Sellers (the _________ Company and all its directors, officers, executives and shareholders), severally and individually, to protect the goodwill sold and transferred, and as a material inducement to buyer to purchase the property and business, contract and covenant that for the full period of _________ years, from this date, sellers (the _________ Company and all its directors, officers, executives and shareholders) will not engage, either directly or indirectly, as principal or on their own account, either solely or jointly, or jointly with others, or as stockholders in any corporation or joint stock association, in the business of _________, at _________, or any place within a radius of _________ miles, nor for the same period in _________ lend their credit or money for the purpose of establishing or operating any such business, nor furnish quarters, or give advice, either directly or indirectly, to any third person, firm, joint stock association or corporation, engaged or engaging in this business, nor will they during this period ship or cause to be shipped or have any part in shipping to _________ or within _________, for resale or any purpose, any _________. Since it would be difficult and impracticable to calculate and ascertain accurately and definitely the damages buyer would sustain from a breach by seller, of any of the above covenants, the parties assess and fix as liquidated damages for any breach $_____, plus _________ percent of the gross proceeds of all goods dealt in and sold in any manner constituting or related to a violation of these terms, and/or plus _________ percent of the purchase price of all goods dealt in contrary to these terms, otherwise than by sale, during the time the breach continues. In case of a breach seller agrees to pay, and buyer shall be entitled to recover, the liquidated damages from seller, their heirs, executors, administrators, assigns, or successors, but without prejudice to the concurrent or alternative resort to any other appropriate legal remedy by injunction, or otherwise. The above covenants and stipulations shall run in favor of the heirs, successors and assigns of the buyer, provided that in case any of the above restrictions are held to be invalid, they shall be deemed, and it is agreed that they are meant to be severable, and shall not defeat the remaining provisions and covenants.



 
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AIG Legal
 
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Terms Of Use

Submissions to this site, including any legal or business forms, posts, responses to questions or other communications by contributors are not intended as and should not be construed as legal advice. You are strongly encouraged to consult competent legal council before engaging in any action based upon content contained on this site.

These downloadable forms are only for personal use. Retransmission, redistribution, or any other commercial use is prohibited. This includes reposting forms from this site to another site offering free legal or other document forms for download.

Please note that the donator may have included different usage terms regarding this form, and you agree to abide by these terms. It is highly recommended that you have a licensed attorney review any legal documents for which you are searching in order to make sure that your needs are being properly and completely satisfied.

Your use of this site constitutes your acceptance of our terms of use and your agreement to hold this site, its officers, employees and any contributors to this site harmless for any damage you might incur from your use of any submissions contained on this site. If you do not agree to the above terms, please do not proceed.

These forms are provided to assist business owners and others in understanding important points to consider in different transactions. They are offered with the understanding that no legal advice, accounting, or other professional service is being offered by these documents or on this website. Laws vary in the different states. Agreements acceptable in one state may not be enforced the same way under the laws of another state. Also, agreements should relate specifically to the particular facts of each situation. Therefore, it is important to consult legal counsel whenever utilizing these forms. The Forms are not a substitute for legal advice YourFreeLegalForms.com is not engaged in recommending or referring members on the site or making claims about the competence, character or qualifications of its participating members.
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Keywords: Provision or agreement as to noncompetition by seller

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