NON-COMPETE AGREEMENT.
This Non-Compete Agreement (hereinafter referred to as the “Agreement”) is made
between Realty Coordination Company dba RCC, (hereinafter referred to as “The
Company”) and ______________ (hereinafter referred to as the “Client”). Together
referred to as “parties.” The parties agree as follows; –
1. Term.
The parties herein agree that the terms of this Agreement shall exist for a period
when the loan has been funded to the client, and the commission paid for by the
Company.
2. Confidential Information.
Parties herein agree that Confidential information is proprietary information relating
to the Company’s business, including but not limited to business and financial
records, intellectual property, proprietary data, and any other information that is
disclosed that will affect the business of the Company.
The parties agree that all trade secrets and confidential information disclosed to the
client during their relationship before termination of the agreement will be kept strictly
confidential and will further provide means to ensure complete protection to the
Company should a question of unauthorized use or disclosure of such information
arise.
The client agrees that the Confidential Information is of extreme value to the
Company and would cause irreparable harm to the Company if disclosed to other
persons or utilized by the employee or the employee’s agents for unauthorized
purposes.
3. Non-Compete.
For the entire period of this agreement, the client will not engage in the same
services with an employee, officer, director, partner, consultant, agent, owner, or any
other person in the same capacity with a competing Company.
4. Geographical Area.
The provision and terms of this agreement shall only be applicable in the United
States of America area.
5. Compensation.
Considering the terms and obligations herein, the Client will receive its loan, and the
Company will be paid the agreed commission percentage from the financing closing.
6. Intellectual Property.
The Company’s ideas and products are intellectual properties that are copyrighted
and trademarked.
7. Dispute/Conflict Resolution.
In the event of a dispute between the parties herein, the parties shall refer the
dispute to be resolved through mediation.
Parties shall bear their costs for the mediation.
8. Reliefs/remedies.
The Client agrees that the violation of any covenant contained in this Agreement
may cause immediate and irreparable harm to the Company, the amount of which
may be difficult or impossible to estimate or determine.
Suppose the client violates any covenant contained in this Agreement. In that case,
the Company shall have the right to equitable relief by injunction or otherwise, in
addition to all other legal rights and remedies.
9. Governing Law.
This Agreement shall be governed and construed by the laws of the State of
California.
10. Relationship.
The relationship between the parties herein is that of an independent contractor.
Nothing in this Agreement shall be construed as a partnership, joint venture, or
employee.
11. Severability.
If any part of this Agreement is deemed invalid or unenforceable, the same shall be
severed from this Agreement, and the remaining provisions shall continue to be in
effect.
12. Waiver.
The failure of any party to exercise any right or provision of this Agreement shall not
be a waiver of any prior or subsequent rights.
13. Assignment.
The client herein may not assign or transfer their rights or obligations under this
Agreement. However, the Company may assign the rights and responsibilities in the
event of a merger or consolidation.
14. Acknowledgments.
The client acknowledges that they have been provided with the opportunity to
negotiate this agreement and have had the opportunity to seek legal counsel before
signing this agreement and that the restrictions imposed are fair and necessary for
the Company’s business interest.
The client further agrees that these restrictions are reasonable and do not constitute
a threat to their livelihood.
THE COMPANY; –
Name:
____________________________
Signature:
_________________________
Designation:
_______________________
Date:
_____________________________
THE CLIENT; –
Name:
____________________________
Signature:
_________________________
Designation:
_______________________
Date:
_____________________________
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