Systems and Software, Inc. ( SAS), located in Colchester, Vermont, designs, develops, sells, and services software that

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Systems and Software, Inc. ( SAS), located in Colchester, Vermont, designs, develops, sells, and services software that allows utility providers to organize their data, including customer information, billing, work management, asset management, and finance and accounting. In August 2002, SAS hired Randy Barnes as an at- will employee to become a regional vice president of sales. At the time he commenced work for SAS, Barnes signed a noncompetition agreement that, among other things, prohibited him- during his employment and for six months thereafter- from becoming associated with any business that competes with SAS. In April 2004, Barnes voluntarily left his position with SAS and started a partnership with his wife called Spirit Technologies Consulting Group. Spirit Technologies, like SAS, services municipalities and utilities nationwide with customer- information- systems software. At a trade fair, Barnes represented Utility Solutions as its sales director in a booth near SAS's. SAS filed suit for enforcement of the noncompetition agreement. Barnes says that if the clause is enforced, he cannot work for six months and that competition in Vermont is limited. Who is correct about the noncompetition agreement? Is it valid? Why or why not? [ Systems and Software, Inc. v. Barnes, 886 A. 2d 762 ( Vt. 2005).]
Partnership
A legal form of business operation between two or more individuals who share management and profits. A Written agreement between two or more individuals who join as partners to form and carry on a for-profit business. Among other things, it states...
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