New York State
Hello,
I have a mutual non-circumvent in place with a fellow consultant, whom I've worked on a few projects with. We both refer one another business. For instance, I may have a sales vendor that the consultant needs for one of their sales campaigns and vice versa. When either of us makes an introduction to a sales vendor, the consultant being introduced to the sales vendor cannot circumvent the introducing consultant while the agreement with the sales vendor is active and for a period of two years after the agreement between us (the consultants), has ended.
However, the consultant claims the non-circumvent extends to sales vendors that neither of us introduce to the other consultant but simply acquire as a client in the course of business development. Meaning, if the consultant secures an agreement with sales vendor A, B, C and D but never introduces sales vendor A, B, C and D to me, the consultant claims I'm still prevented from working with sales vendors A,B,C and D simply because the consultant has an agreement in place with them. Since we're colleagues, he'll mention these sales vendors that he's secured agreements with in conversation and considers this notification that I'm not to pursue agreements with these sales vendors.
I thought he was joking when he first mentioned it because this can't be how an otherwise intelligent person construes non-circumvents. Am I crazy or is this not an absurd exaggeration of a non-circumvent?
Hello,
I have a mutual non-circumvent in place with a fellow consultant, whom I've worked on a few projects with. We both refer one another business. For instance, I may have a sales vendor that the consultant needs for one of their sales campaigns and vice versa. When either of us makes an introduction to a sales vendor, the consultant being introduced to the sales vendor cannot circumvent the introducing consultant while the agreement with the sales vendor is active and for a period of two years after the agreement between us (the consultants), has ended.
However, the consultant claims the non-circumvent extends to sales vendors that neither of us introduce to the other consultant but simply acquire as a client in the course of business development. Meaning, if the consultant secures an agreement with sales vendor A, B, C and D but never introduces sales vendor A, B, C and D to me, the consultant claims I'm still prevented from working with sales vendors A,B,C and D simply because the consultant has an agreement in place with them. Since we're colleagues, he'll mention these sales vendors that he's secured agreements with in conversation and considers this notification that I'm not to pursue agreements with these sales vendors.
I thought he was joking when he first mentioned it because this can't be how an otherwise intelligent person construes non-circumvents. Am I crazy or is this not an absurd exaggeration of a non-circumvent?
