Drafts of Sample Non-Compete Clause

1. The undersigned shall not work for whatsoever capacity, either as an employee, agent or
consultant with any person whose business is in direct competition with the company
while you are employed and for a period of (number of year/s) from date of resignation or
termination from the company.

In the event the undersigned breaches any term of this contract, the undersigned agrees
and acknowledges that damages may not be an adequate remedy and that in addition to
any other remedies available to the Company at law or in equity, the Company is entitled
to enforce its rights hereunder by way of injunction, restraining order or other relief to
enjoin any breach or default of this contract.

The undersigned agrees to pay all costs, expenses and attorney's fees incurred by the
Company in connection with the enforcement of the obligations of the undersigned. The
undersigned also agrees to pay the Company all profits, revenues and income or benefits
derived by or accruing to the undersigned resulting from the undersigned's breach of the
obligations hereunder. This Agreement shall be binding upon the undersigned, all
employees, agents, officers, directors, shareholders, partners and representatives of the
undersigned and all heirs, successors and assigns of the foregoing.

Finally, if undersigned breaches any terms of this contract, forms of compensation

including commissions and incentives will be forfeited.

2. No employee may engage in any business or undertaking that is directly or indirectly in

competition with that of the company and its affiliates or engage directly or indirectly in
any undertaking or activity prejudicial to the interests of the company or to the
performance of his/her job or work assignments. The same provision will be
implemented for a period of (number of year/s) from the date of an employee's
resignation, termination or separation from the company.

3. The EMPLOYEE further undertakes that during his/her engagement with EMPLOYER
and in case of separation from the Company, whether voluntary or for cause, he/she shall
not, for the next (number of year/s) thereafter, engage in or be involved with any
corporation, association or entity, whether directly or indirectly, engaged in the same
business or belonging to the same pre-need industry as the EMPLOYER. Any breach of
the foregoing provision shall render the EMPLOYEE liable to the EMPLOYER in the
amount of (amount in pesos) for and as liquidated damages.

4. The FRANCHISEE shall not, for a period of (No. of year/s) during the term of this
Contract associate (including, but not limited to, association as a sole proprietor, owner,
employer, partner, principal, investor, joint venturer, shareholder, associate, employee,
member, consultant, contractor or otherwise) with any competitive enterprise or any of
the affiliates, related entities, successors, or assigns of any competitive enterprise and in
connection with such association engage in (Type of Business).