[WSBARP] Covenant Not to Compete (?) and Sale of Building
Paul Neumiller
pneumiller at hotmail.com
Thu Jun 25 14:49:06 PDT 2015
Listmates: A issue has come up that I don't have time to research (parties
want to close escrow next week, of course) and I was hoping someone might be
able to give me guidance. Client owns two adjacent commercial buildings and
is selling one. Client has a toy business in the building that Client is
retaining. Parties have agreed that for as long as there is a continuous
operating toy business in the retained building that buyer will allow a toy
business in the building that buyer is purchasing. Is this legally
enforceable? Maybe this shouldn't be called a covenant not to compete but
rather a private parties' use restriction? Sample provisions to insert?
Thanks
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