Re: Question about non-compete clauses

[Chuckigo@aol.com]

In a message dated 04/15/2000 1:41:11 PM Eastern Daylight Time, 
Sptseditor@aol.com writes:

<< In all seriousness, I would think there might be some clause in the 
contract 
 that would provide for an out, especially in a change-of-ownership dilemma. 
>>

Actually, Sean, even though i've never signed a non-compete, i have signed 
other contracts (mortgages, etc), and perhaps some of our esteemed barristers 
could help out here if there's a misinterpretation of the following:
           "...successors and assigns."     
pretty standard language designed for the protection of the interests of both 
parties entering into an agreement.
   i do have radio friends who have been under personal contract at the time 
of a transfer of ownership, and none of them were either free to go, nor were 
they able to be summarily dismissed for lack of cause.  the transfer of the 
business concern usually includes the assignment of contracts currently in 
force.
    my initial query is related to the fact that the new direction of the 
station is not a simple format shift; it's a language barrier.  3 
professionals leave, probably due to their lack of multilingual abilities, 
and, from the way the article on AllAccess was worded, are being held to 
their non-competes.  
    these three might be enjoined from heading to the other Spanish outlet 
(assuming, as example, there is one), but how enforceable would the contract 
be if they wanted to go another CHR station in the market that perhaps uses 
English as a language of record?

- -Chuck (who got caught short twice in ownership transfers cuz i didn't sign 
one) Igo