SAMPLE NON-COMPETE AND CONFIDENTIALITY CLAUSES

EXECUTIVE NON-COMPETE AGREEMENT

While this agreement is in force, employee agrees not to disclose the Company’s customer lists,
trade secrets, or confidential material. After expiration or termination of this agreement, except in the
case of a termination by the Company in violation of the terms of this agreement, the employee agrees not
to compete with the Company for a period of [Number] years within a [Number]-mile radius of the
Company. Competition means owning or working for a business of the following type: [Explain].

PROFESSIONAL NON-COMPETE AGREEMENT

Employee agrees not to compete with the Company in the practice of [Explain Business] while
he/she is an employee, and for a period of [Number] years after termination of employment. Competition
is defined as soliciting or accepting employment by, or rendering professional services to, any person or
organization that is or was a client of the Company during the term of the employee’s employment.

INVENTOR NON-COMPETE AGREEMENT

Employee agrees to respect the confidentiality of the Company’s trade secrets, trademarks, and
patents, and not to disclose them to anyone. Employee agrees not to make use of research done in the
course of his/her employment at a competing business.

CONFIDENTIALITY CLAUSE #1

Employees may have access to records and other information about customers and other
employees, including proprietary information, trade secrets, and intellectual property to which the
Company holds rights. Employee agrees to keep all such information strictly confidential and to refrain
from discussing this information with anyone else without proper authority.

CONFIDENTIALITY CLAUSE #2

Employee agrees to maintain the strict confidence of the Company trade secrets. This includes, but
is not limited to, information on the engineering, manufacturing, sales, or financial aspects of the
Company’s business.