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Non-Compete / – Non-circumvent Agreement
This agreement is between Automated Builders Consortium Enterprise (ABC Enterprise), the management company for ABC Foundation, a Non-profit Organization, and hereafter referred to jointly as (ABC Foundation) and ASSOCIATE(S) signed below. The agreement between ABC Foundation and ABC Enterprise and its associates is for the Connecting of Industry, Education and Communities. Our Objective: will be the offering and facilitation of the FDIC Money Smart FREE risk reduction financial education training programs for adults and young adults.
Building: Knowledge, Security and Confidence for New Jobs plus, New Homes equaling, New Lives and New Opportunities:
ABC Enterprise will be the managing party for ABC Foundation, Education & Training Associates, and is an independent consortium focused on monitoring, addressing all the major industry and banking community reinvestment participation under the community reinvestment act, low-income housing Home ownership, and financing of the units. In consideration of the contract, the parties agree to the following:
1. Acknowledgements and Agreement Not to Compete
Associates during the term of the contract with ABC Foundation will have access to and become familiar with various trade secrets, prices, suppliers, operations of the business, products, services, finances, license agreements, compilation of information, records, business relationships of ABC Foundation and specifications that are owned by ABC Foundation and that are regularly used in the operation of ABC Foundation.
Associates shall not disclose any of the forgoing, directly or indirectly or use them in any way either during the term of the agreement or at any later times, except as required in the course of the contract. All files, records, documents, drawings, specifications, and similar items relating to the business of ABC Foundation whether prepared by the employee or otherwise coming into Associate’s possession, shall remain the exclusive property of ABC Foundation and shall not be removed from the premises under any circumstances without prior written consent of ABC Foundation.
An associate acknowledges that ABC Foundation has full, complete and exclusive ownership the Work. Associates will not directly or indirectly participate in a business, in the same geographic area, that is similar to a business now or later operated by ABC Foundation. This includes participating in a similar business or as a co-owner, director, officer, consultant, independent contractor, employee or agent of another business.
Associates agrees that the idea concept or plan of modular housing and components manufacturing facilities in the USA, to create and work as FDIC Money Smart financial educator, to create children development accounts, individual development accounts, to create jobs and job training, for low-income housing home ownership, for business development, and
financing distribution of the units worldwide is exclusively ABC Foundation’s and not otherwise
known to the Public.
Associate agrees that all modular housing manufacturing facilities will be built through ABC Foundation. An associate agrees and acknowledges that ABC FOUNDATION is a minority-based foundation.
Associates will not:
- Solicit or attempt to solicit any business or trade from ABC Foundation actual or prospective customers, suppliers, advertisers or clients. Associates will not take any action or perform any service, which are similar to the actions or service of ABC Foundation. Associates shall not take any action designed to or in fact call upon, compete for, solicit, divert, or take away, or attempt to take away, any customers, suppliers, endorsers, advertisers, business relations of ABC Foundation.
- Employ or attempt to employ any employee of ABC Foundation,
- Divert or attempt to divert business away from ABC Foundation,
- Encourage any independent contractor or consultant to end a relationship with ABC Foundation, create separate business relationship from existing or future ABC Foundation business affiliates, clients, customers or prospective business affiliates or clients or customers, or
- Disclose, use or communicate to any person, firm, corporation any trade secret, confidential information, product, service, price, suppliers, finances, operation, business relationships, or operations. Confidential Information includes but is not limited to the names and addresses of suppliers and customers, customer’s reports, manufacturing process, sale techniques, pricing and price lists, inventory, names and addresses of contractors and independent contractors, computer software, source codes, printouts, backups, computer disks and diskettes and computer databases.
2. Right to an Injunction and damages: Associates acknowledges and agrees that if Associates breach or threaten to breach any of the terms of this agreement, ABC Foundation will sustain irreparable harm and in addition to other rights and remedies which it may have at law or in equity ABC Foundation will be entitled to obtain an injunction to stop any breach or threatened breach of this agreement. ABC Foundation is entitled to damages for any breach of the injunction, including but not limited to compensatory, incidental, consequential, exemplary, and punitive and lost-profits. In the event of any action in relation to this agreement, Associates, in addition to all other sums that Associates might be called to pay, will pay to ABC Foundation a reasonable sum for ABC Foundation attorneys’ fees.
3. Reasonableness: An associate acknowledges that the restrictions in this agreement are reasonable and necessary for the protection of ABC Foundation. If any portions of the covenants or agreements contained in the agreement are construed to be invalid or unenforceable, then the other portions of such covenants and agreements shall not be affected and shall be given full force and effect without regard to the invalid or unenforceable portions thereof.
4. Survive-ability: It is the intent of the parties that the contract/relationship between ABC Foundation and Associates shall continue from year to year. This agreement, its obligation and consent of the parties will survive the termination, for any reason, of the contract/relationship between ABC Foundation and Associates.
5. Entire Agreement: This is the entire agreement between the parties. It replaces and supersedes any and all oral agreements between the parties, as well as any prior writings.
6. Successors and Assignees: This agreement binds and benefits, future officers of board, their heirs, successors and assignees of the parties.
All notices must be in writing. A notice may be delivered to a party at the address that follows a party's signature or to a new address that a party designates in writing. A notice may be delivered in person; By certified mail, or; By overnight courier.
8. Governing Law: This agreement will be governed by and construed in accordance with the applicable to local, state and federal laws of the local state.
9. Modification: This agreement may be modified only by a written agreement signed by ABC FOUNDATION and Associates.
10. Waiver: If one party waives any term or provision of this agreement at any time, that waiver will be
effective only for the specific instance and specific purpose for which the waiver was given. If
either party fails to exercise or delays exercising any of its rights or remedies under this agreement, that party retains the right to enforce that term or provision at a later time.
If any court determines that any provision of this agreement is invalid or unenforceable, any invalidity or unenforceability will affect only that provision and will not make any other provision of this agreement invalid or unenforceable and shall be modified, amended or limited only to the extent necessary to render it valid and enforceable.
Anthony I. Jones, Sr.,
National President and Chief Executive Officer of the: Automated Builders Consortium ABC Foundation and ABC Enterprise-Associates call 254-212-2200,
Dr. D. Kay Flakes,
National Vice President & General Manager of the Automated Builders Consortium Enterprise (ABC Enterprise), the management company for ABC Foundation & Associates call 254-212- 2200, to sign a Non-Compete / Non-circumvent Agreement, set up briefing and meetings.
By clicking “I AGREE”, I acknowledge that I have read, understood and accept the Non-circumvent/Non-compete agreement with ABC Enterprise/ABC Foundation.
Thank you for deciding to take the pledge with us! Please read the “Non-Circumvent/ Non-compete form above. After doing so, select “I Agree” in order to continue to our member’s page! You will have the opportunity to select your membership type.