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Operating Agreement Non Compete Clause
"I need an Operating Agreement Non Compete Clause for a California-based software development LLC with three founding members, restricting them from starting competing businesses within 50 miles of our offices for 2 years after leaving the company, to be effective from January 2025."
1. Parties: Identification of all parties bound by the non-compete provisions
2. Background: Context and business purpose for the non-compete restrictions
3. Definitions: Key terms including 'competitive business', 'restricted territory', 'confidential information'
4. Scope of Restrictions: Specific prohibited activities and business areas
5. Duration: Time period for which restrictions apply
6. Geographic Territory: Spatial limits of the non-compete restrictions
7. Consideration: Value provided in exchange for the non-compete agreement
1. Garden Leave: Paid non-competition period after employment termination - typically used for executive or high-level positions
2. Carve-outs: Specific exceptions to non-compete restrictions - used when certain activities or regions should be excluded
3. Non-solicitation Provisions: Additional restrictions on customer/employee solicitation - used when protecting customer relationships is critical
1. Schedule A - Restricted Territory: Detailed map or list of geographic areas covered
2. Schedule B - Competitive Business Definition: Detailed description of prohibited business activities
3. Schedule C - Consideration Details: Specific compensation or benefits provided
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