What to keep in mind
Define protected customers, personnel or territories, restricted activities, duration, exceptions and consequences of breach.
Overly broad restraints can be challenged or create competition-law concerns.
Distinctions often confused
Exclusivity and non-competition are related but different restrictions.
Frequently asked questions
Can parties agree that neither will approach the other's clients?
Possibly, within applicable legal and competition restraints.
Must a non-solicitation clause specify a duration?
Clear and proportionate temporal limits are strongly advisable.
Informational content. It is not a substitute for professional advice.