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non solicitation agreements

i have a transaction that is about to close but parties cannot agree on the non solicitation. Both parties have agreed to everything, including the non compete but the buyers want the non solicitation clause to prohibit seller from having any contact with customers, even to sell them non competing products or services. The seller wishes to keep contact with a couple key clients to sell them a product from the sellers new venture--which both parties agree will in no way compete with the buyers line of business. The buyers want to prohibit any solicitation for five years, even for this non competing product. The seller has a very large earnout and is thus very incented to in no way harm buyers relationship with customers. Since he has this strong incentive and only wants to introduce his new non competing product, he feels such a non solicitation is too broad, unenforceable and won't agree to it.
Experience, ideas?

Tim Kruse

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We are financial consultants to a group of investors whom we have their consent to manage their funds which is in our custody for cooperation in joint venture business investments.

Our areas of interest include Property Development and real estate, Health Care, Education and training, Mining and exploration, Energy, oil and gas,Technology, Software development, Agriculture, Manufacturing, Finance Services and Leisure.However, all viable proposals within reason will be considered.

Funds shall be made available to you as a direct investment loan at 3% interest rate per annual for a period of 2 or 30 years depending on what you prefer. You may contact us if you have interesting investment proposal for possible business collaboration for our study.

We look forward to your reply to enable us provide you with details or you may visit our website.

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Jesse Peterson
phone: (980) 239-7539

Aug 17, 2017

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