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Thank you for your reply. There was not a formal change in the agreement but the following is the E-mail string. Does your information still apply?
I am not comfortable with a formal release, you will have to decide how much risk you have with my word that I would not choose to take action if you were doing pest control as part of your construction business, not targeting our customer or employees. I have never aggressively enforced a non-comp in all my years, even when I had very good reason to do so. It is just not good business for me to give up that choice if it should be needed.
From: Wiley Sanders [mailtoXXX@XXXXXX.XXX] Sent: Monday, July 15, 2013 5:25 AM To: Jack Marlowe Subject: RE: Merrill Schedule
Suzie has the routing and account numbers for our account for the monthly deposits. Does that work?
I would really like a release to be in pest control (without soliciting Eden clients) if possible.
From: Jack Marlowe [mailtoXXX@XXXXXX.XXX] Sent: Friday, July 12, 2013 2:39 PM To: Wiley Sanders Subject: RE: Merrill Schedule
I have verified that Rentokil did not assume any rights regarding your non-comp. That being said, I am uncomfortable with giving you money to compete against us. That being said, I don’t want to keep you from making a living as long as you don’t target our accounts or take our employees. The only way that I see is to keep the agreement in force against the unlikely event that you would begin targeting our customers or hiring away our employees, but give you my word that, short of you doing something inappropriate, I will not pursue enforcement if I discover that you have started your own company (it would also be inappropriate to operate as Merrill).
From: Wiley Sanders [mailtoXXX@XXXXXX.XXX] Sent: Wednesday, July 10, 2013 4:32 PM To: Jack Marlowe Subject: RE: Merrill Schedule
The amount is consistent with what we show here. However, I would like to know if there is a way we can agree to terminate my non-compete. I understand that you said you would not pursue anything unless I were soliciting Eden clients. I just want to be sure that I have a leg to stand on. At this time I am only interested in Coos and Curry Counties and at this time only myself. I do not want any employees right now. My agreement is with Marlowe Enterprises, Inc. and not RentoKil so I do not see what they would have to say about anything since the agreement states that it cannot be assigned to another party without me accepting the assignment.
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