Employment Law Questions? Ask an Employment Lawyer.
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I think the reasonable interpretation is that the agreement "expires" when the employment terminates, as that is typically when non-compete agreements go into effect. Even if you could successfully argue that the lack of an expiration date creates an undefined, indefinite period for the non-compete, a court would be unlikely to then strike it down entirely--they would just limit the non-compete to the duration of time that is considered reasonable under the law.
So, accepting employment that is in violation of the non-compete would be a risk as it would create legal exposure for you. You could hope that your employer doesn't find out about your new job, or that if they do find out that they decide not to sue. But there is no way to ensure that you won't be sued if you do what it is that you are contemplating doing. I wish I could tell you otherwise.
If I can clarify anything at all for you, please do not hesitate to ask. It is my pleasure to assist you further if necessary....
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