reesk92
New Member
- Reaction score
- 0
need help with this contract
ive agreed to do a review for tech nibble on a tech pakage that we are curious on i need to sign this for to recieve iot can anyone see any reason i could get screwed by sighning it i only want to review and thats it
COVENANT
NOT TO COMPETE
I. Introduction
I agree as follows:
II. Background
A. I understand that Windows Renew is in the business of providing business and marketing advice and material to other individuals and companies associated with the information technology industry.
C. I agree that this covenant represents Windows Renew's and my entire agreement and that this supersedes any prior oral or written covenants not to compete. Furthermore, I agree that this covenant may not be modified except in writing signed by both parties.
D. I agree that if any term or provision of this covenant is found to be unenforceable or void, in whole or in part, then the offending term must be construed as valid and enforceable to the maximum extent permitted by law, and the balance of this covenant will remain in full force and effect.
III. Promises and Covenants
I acknowledge that as a public critic and reviewer I am in a position of trust with Windows Renew and that Windows Renew relies on me to act in accordance with my responsibilities to Windows Renew. I also acknowledge that in performing my review, Windows Renew will divulge to me confidential and proprietary trade secrets such as customer leads, business relationships, techniques, forms, material and methods, sources of supply, costs and pricing information that are of a critical nature to Windows Renew. In exchange for the consideration provided for in this covenant, the access to confidential and proprietary trade secrets, I make the following reasonable promises solely intended to protect Windows Renew's legitimate competitive business interests:
A. I agree that during my contract with Windows Renew, I will not engage in a related or competing business or activity nor will I distribute anything containing similar ideas or material to anyone without Windows Renew’s exclusive written consent. I further agree to use my best efforts to promote a fair review of Windows Renew’s products. I agree not to use my contract with Windows Renew to establish personal business relationships or contacts with Windows Renew clients to solicit and contract future business with any person, firm, government, or corporation contrary to this covenant upon the completion of my contract with Windows Renew.
B. This paragraph applies to the contractor and any other person(s), firm, corporation, association, government, or other entity acting in concert with the Contractor subsequent to the Contractor's termination.
After my termination, I acknowledge and agree that my knowledge of "confidential information and materials" gained from my contract and owned by Windows Renew would permit me to unfairly compete against Windows Renew. To ensure that any future competition between Windows Renew and myself is fair, I agree to refrain from each of the following anticompetitive acts:
1. I will not, for a period of ten years following the termination of my contract, directly or indirectly, call on, cause to be called on, solicit, or assist in the solicitation of any person, firm, government, or corporation who is a client or account of Windows Renew on the date of the termination of my contract or any such entity with whom Windows Renew was in the process of soliciting to establish business relations.
2. I will not, for a period of ten years after the termination of my contract, engage in any pursuit that is in competition with Windows Renew.
3. I will not, during my contract and for a period of ten years following the termination of my contract, employ, solicit, or seek to employ, either directly or indirectly, any person who is employed by Windows Renew or was employed by Windows Renew at the time my contract with Windows Renew is terminated.
C. I understand and acknowledge that my service to Windows Renew and the information disclosed to me during my contract are of a unique and special character and that any breach of the above paragraphs will cause Windows Renew irreparable injury and immeasurable damage. Consequently, Windows Renew will be entitled, in addition to all other remedies available to it, to injunctive and equitable relief to prevent a breach and to secure the enforcement of this covenant. I further understand that injunctive relief may be granted on a finding that I am or may be violating any provision of this covenant immediately on the commencement of any such action without notice to me, WHICH NOTICE I SPECIFICALLY WAIVE.
D. I agree to reimburse Windows Renew for all actual costs, including reasonable attorney fees, which may be incurred by Windows Renew in the enforcement of this covenant.
E. I understand that any future employer or any business I own may be additionally liable for damages arising out of the wrongful solicitation and hiring of contractors of Windows Renew or the wrongful solicitation and/or contracting with any of Windows Renew’s clients contrary to this covenant.
IV. Dispute Resolution
A. I acknowledge that it is appropriate and I agree that Pennsylvania law governs the construction and enforceability of this covenant and that any court action permitted by this covenant may be filed and maintained only in a state or federal court sitting in the State of Pennsylvania having proper jurisdiction.
B. For my benefit and the benefit of Windows Renew, except for injunctive relief that Windows Renew may pursue in court, I agree that any controversy or claim arising out of or relating to the meaning, interpretation, or application of this covenant, or contract generally, must be resolved only by submission to final and binding arbitration in Allegheny County, Pennsylvania, in accordance with the Contract Dispute Resolution Rules of the American Arbitration Association.
V. Covenant Not to Compete Accepted
I acknowledge that I read this covenant and that I was free to negotiate its terms. Also, Windows Renew encouraged me, if I so chose, to seek a legal opinion concerning this covenant.
I, (signature) ("I" or "Contractor"), enter into this covenant not to compete with Windows Renew or it’s owner Ryan Schmidt, located at 301 Grant Street, Suite 4300, Pittsburgh PA 15217, USA, on 26th day of June, 2009.
The parties signed this covenant on the day and year first above written.
Accepted:
Contractor Signature __________________________
Contractor Name __________________________
(Printed)
Manager Signature __________________________
ive agreed to do a review for tech nibble on a tech pakage that we are curious on i need to sign this for to recieve iot can anyone see any reason i could get screwed by sighning it i only want to review and thats it
COVENANT
NOT TO COMPETE
I. Introduction
I agree as follows:
II. Background
A. I understand that Windows Renew is in the business of providing business and marketing advice and material to other individuals and companies associated with the information technology industry.
C. I agree that this covenant represents Windows Renew's and my entire agreement and that this supersedes any prior oral or written covenants not to compete. Furthermore, I agree that this covenant may not be modified except in writing signed by both parties.
D. I agree that if any term or provision of this covenant is found to be unenforceable or void, in whole or in part, then the offending term must be construed as valid and enforceable to the maximum extent permitted by law, and the balance of this covenant will remain in full force and effect.
III. Promises and Covenants
I acknowledge that as a public critic and reviewer I am in a position of trust with Windows Renew and that Windows Renew relies on me to act in accordance with my responsibilities to Windows Renew. I also acknowledge that in performing my review, Windows Renew will divulge to me confidential and proprietary trade secrets such as customer leads, business relationships, techniques, forms, material and methods, sources of supply, costs and pricing information that are of a critical nature to Windows Renew. In exchange for the consideration provided for in this covenant, the access to confidential and proprietary trade secrets, I make the following reasonable promises solely intended to protect Windows Renew's legitimate competitive business interests:
A. I agree that during my contract with Windows Renew, I will not engage in a related or competing business or activity nor will I distribute anything containing similar ideas or material to anyone without Windows Renew’s exclusive written consent. I further agree to use my best efforts to promote a fair review of Windows Renew’s products. I agree not to use my contract with Windows Renew to establish personal business relationships or contacts with Windows Renew clients to solicit and contract future business with any person, firm, government, or corporation contrary to this covenant upon the completion of my contract with Windows Renew.
B. This paragraph applies to the contractor and any other person(s), firm, corporation, association, government, or other entity acting in concert with the Contractor subsequent to the Contractor's termination.
After my termination, I acknowledge and agree that my knowledge of "confidential information and materials" gained from my contract and owned by Windows Renew would permit me to unfairly compete against Windows Renew. To ensure that any future competition between Windows Renew and myself is fair, I agree to refrain from each of the following anticompetitive acts:
1. I will not, for a period of ten years following the termination of my contract, directly or indirectly, call on, cause to be called on, solicit, or assist in the solicitation of any person, firm, government, or corporation who is a client or account of Windows Renew on the date of the termination of my contract or any such entity with whom Windows Renew was in the process of soliciting to establish business relations.
2. I will not, for a period of ten years after the termination of my contract, engage in any pursuit that is in competition with Windows Renew.
3. I will not, during my contract and for a period of ten years following the termination of my contract, employ, solicit, or seek to employ, either directly or indirectly, any person who is employed by Windows Renew or was employed by Windows Renew at the time my contract with Windows Renew is terminated.
C. I understand and acknowledge that my service to Windows Renew and the information disclosed to me during my contract are of a unique and special character and that any breach of the above paragraphs will cause Windows Renew irreparable injury and immeasurable damage. Consequently, Windows Renew will be entitled, in addition to all other remedies available to it, to injunctive and equitable relief to prevent a breach and to secure the enforcement of this covenant. I further understand that injunctive relief may be granted on a finding that I am or may be violating any provision of this covenant immediately on the commencement of any such action without notice to me, WHICH NOTICE I SPECIFICALLY WAIVE.
D. I agree to reimburse Windows Renew for all actual costs, including reasonable attorney fees, which may be incurred by Windows Renew in the enforcement of this covenant.
E. I understand that any future employer or any business I own may be additionally liable for damages arising out of the wrongful solicitation and hiring of contractors of Windows Renew or the wrongful solicitation and/or contracting with any of Windows Renew’s clients contrary to this covenant.
IV. Dispute Resolution
A. I acknowledge that it is appropriate and I agree that Pennsylvania law governs the construction and enforceability of this covenant and that any court action permitted by this covenant may be filed and maintained only in a state or federal court sitting in the State of Pennsylvania having proper jurisdiction.
B. For my benefit and the benefit of Windows Renew, except for injunctive relief that Windows Renew may pursue in court, I agree that any controversy or claim arising out of or relating to the meaning, interpretation, or application of this covenant, or contract generally, must be resolved only by submission to final and binding arbitration in Allegheny County, Pennsylvania, in accordance with the Contract Dispute Resolution Rules of the American Arbitration Association.
V. Covenant Not to Compete Accepted
I acknowledge that I read this covenant and that I was free to negotiate its terms. Also, Windows Renew encouraged me, if I so chose, to seek a legal opinion concerning this covenant.
I, (signature) ("I" or "Contractor"), enter into this covenant not to compete with Windows Renew or it’s owner Ryan Schmidt, located at 301 Grant Street, Suite 4300, Pittsburgh PA 15217, USA, on 26th day of June, 2009.
The parties signed this covenant on the day and year first above written.
Accepted:
Contractor Signature __________________________
Contractor Name __________________________
(Printed)
Manager Signature __________________________
