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Subject:Re: HELP - Bad contract wording? From:Jody LaFerriere <JLaFerriere -at- INFOMAP -dot- COM> Date:Mon, 8 Sep 1997 17:45:45 -0400
When we use this wording in one of our contracts, it is not necessarily
just for that reason. There are times when a person we are hiring for
contract work might actually bid against us on some other project that
they might hear about while working for us. His contract specifically
talks about entering into a contract to provide services that the
company hiring him -could- do. They don't want the competition.
Although it does provide for "prior written consent" to get out of this
clause.
"The Contractor agrees not to enter into any direct or indirect
contracts
to provide similar services to a <company> customer as those
provided
by Contractor."
I don't recall any situations where we had to exercise this clause (I
haven't been on that side of the building for over a year now), but I
think the lawyers liked the layer of protection. Worst case, he could
cross the clause out and see if they still want him.
Jody
jodyl -at- infomap -dot- com
>----------
Cindy Bailey said:
>THE MOST IMPORTANT THING to keep in mind if you find yourself in either
>of these two situations is to be careful NOT TO DIVULGE ANY PROPRIETARY
>INFORMATION to any other clients. And that's really what any client is
>concerned about. This means that you can bring your newly learned
>skills and knowledge on documentation process with you, but you CANNOT
>share with the client such information as: "Well, my last client decided
>not to have a section on Blah-Blah because they did market research that
>revealed it was counter-productive." That market research may have
>given your last client an edge in the marketplace and this information
>should absolutely not be shared with another client.
>
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