A cease and desist letter to the party in breach to stop any breach of non-solicitation and non-compete agreement or face legal action from the party whose contractual right has been violated.
It is a mean to enforce the non-compete / non-solicitation agreement, so as to prevent the innocent party from further suffering from a breach of contract. It is also a nicer way to resolve a potential dispute between the contractual parties, by “reminding” the breaching party to perform so as to avoid taking the case to the court – saves time and money for civil litigation proceedings.
In this letter, the innocent party shall refer to the contract between the parties and raise the non-compete / non-solicitation obligations that the breaching party has failed to comply with. The innocent party shall also indicate clearly that he . she is fully aware of the breach resulted in either an act or omission committed by the breaching party, in direct violation of the non-compete / non-solicitation agreement; and also outline the damages that he / she had suffered.
Accordingly, the innocent party shall demand the breaching party to immediately cease and remedy the Breach and comply with the non-compete / non-solicitation agreement as stated. If the breaching party failed to act in accordance with this letter, the innocent may exercise his right to file a lawsuit against the breaching party to assert his contractual rights.
How to use this Document?
This document should be carefully read by the sender of the document - the innocent party and the receiver of the document - the breaching party.
The innocent party should sign and send to the breaching party, and once signed, both parties should get a copy.
How to Tailor the Document for Your Need?
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4. Please review the document carefully and make any final modifications to ensure that the details are correct before sending to the addressee.
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