A well-drafted Indemnification Agreement will:
Provision Information & Benefits:
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To prohibit one party from unfairly competing against the other. Very often, specific statutory language limits their scope. In Florida, such restraints of trade or commerce are specifically valid and limited only to statutory guidelines. However, many states, including New York still rely on the three-prong common law rule, which judges the reasonableness of the restriction in protecting a legitimate business interest. Still other states like California specifically prohibit covenants that prevent or otherwise "restrain" a person from engaging in their profession or trade.
To prohibit one party from soliciting (for business purposes) staff from the other party.
To prohibit one party from using the other party's business information to compete with them.
To prohibit one party from disparaging, in any manner or respect, the other party or it's financial soundness and responsibility, personnel or practices of it's business.
To prohibit one party from taking any action that would or would attempt to get around these restrictions. An example of trying to circumvent the contract would be assisting or enabling a third party to compete, solicit or disclose.
A promise by one party that they will not initiate litigation against the other and that they will indemnify or reimburse them against expenses and costs incurred by the other in connection with any such actions, suits or proceedings, to the fullest extent permitted by law.
Spiegel & Utrera, P.A. : Affordable Agreements. Custom-Fit Contracts.
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