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Non-Competition for Contractors

Carolina Pintos Therapy, PLLC
11777 Katy Freeway Suite 260 South,
Houston, TX 77079

This Non-Competition Agreement (the “Agreement”) is entered into by and between Carolina Pintos Therapy, PLLC on behalf of itself, its current, past, and future subsidiaries and other corporate affiliates, and its successors and assigns (the “Company”), and You, (the “Employee'" or "Contractor"), as of the date of execution of this Agreement (the “Effective Date”).

As a condition of Your employment or contract with the Company, and in exchange for Your employment or contract by the Company, and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, You and the Company hereby agree as follows:

Non-Competition: During your employment or contract with the company, you are prohibited from working in any environment that could compete with or infringe upon the services provided by the Company within a 10-mile radius from our office located at 11777 Katy Freeway, Houston, TX 77079. This geographical area is referred to as the "Restricted Territory." For the purpose of this policy, "Prohibited Activity" includes any activity in which you utilize your knowledge, directly or indirectly, as an employee, Company, owner, operator, manager, advisor, consultant, contractor, agent, partner, director, stockholder, officer, volunteer, intern, or in any similar capacity for an entity engaged in the same or similar business as ours within the Restricted Territory. "Prohibited Activity" also encompasses any activity that may involve the disclosure of our trade secrets, proprietary information, or confidential information. The term "Restricted Business" refers to the business involving the research, development, manufacturing, distribution, sale, supply, service, or other dealings with products or services that are of the same or substantially similar kind as the products or services offered by our company. These are products or services with which you were directly involved during your employment with us or our predecessor company. "Restricted Products" specifically include those products or services about which you have received or developed proprietary information during your employment with our company or its predecessor.

Remedies: In the event of a breach or threatened breach by the Employee or Contractor of any of the provisions of this Agreement, the Employee or Contractor acknowledges that such breach would cause irreparable harm to the Company and that monetary damages may be difficult to ascertain. Therefore, in addition to and without limiting any other remedy or right of the Company, the Company shall have the right to (a) seek an injunction or other equitable relief in any court of competent jurisdiction to restrain any such breach or threatened breach, and (b) to claim and recover from the Employee or Contractor liquidated damages in the amount of $10,000 plus a reasonable estimate of the Company's lost profits resulting from such breach, which the Employee or Contractor acknowledges as representing a reasonable attempt to pre-estimate a fair compensation for the losses that might result from such breach. The parties agree that this amount is not a penalty, but rather a reasonable amount of liquidated damages given the circumstances existing at the time of this Agreement. Notwithstanding the foregoing, if a court of competent jurisdiction determines that the liquidated damages provision is unenforceable, the Company shall be entitled to claim actual damages, and to the extent permitted by law, the Employee or Contractor shall be responsible for the payment of all reasonable attorneys' fees and costs incurred by the Company in enforcing the terms of this Agreement, including demonstrating the existence of a breach and any other contract enforcement efforts.

Successors and Assigns: To the extent permitted by state law, the Company may assign this Agreement to any subsidiary or corporate affiliate or to any successor or assign (whether direct or indirect, by purchase, merger, consolidation, or otherwise) to all or substantially all of the business or assets of the Company. This Agreement shall inure to the benefit of the Company and permitted successors and assigns. The Employee or Contractor may not assign this Agreement or any part hereof. Any purported assignment by the Employee or Contractor shall be null and void from the initial date of the purported assignment.

Attorneys' Fees: If the Employee or Contractor breaches any of the terms of the restrictive covenant obligations in this Agreement, to the extent authorized by state law, the Employee or Contractor will be responsible for payment of all reasonable attorneys' fees and costs the Company incurred in the course of enforcing the terms of the Agreement, including demonstrating the existence of a breach and any other contract enforcement efforts.

Choice of Law and Forum Selection: This Agreement and all matters arising out of or relating to this Agreement are governed by, and construed in accordance with, the laws of the State of Texas applied without regard to conflict of law principles. Any action or proceeding by either party to enforce this Agreement shall be brought only in any state or federal court located in the state of Texas, in the county where the Company is located.

Severability: Should any provision of this Agreement be held by a court of competent jurisdiction to be enforceable only if modified, or if any portion of this Agreement shall be held as unenforceable and thus stricken, that holding shall not affect the validity of the remainder of this Agreement, the balance of which shall continue to be binding on the Employee or Contractor and Company with any modification to become a part of and treated as though originally set forth in this Agreement.

Carolina Pintos Therapy, PLLC

By Carolina Pintos Miranda

Title: Owner & Lead Therapist

I have read, understand, and agree to abide by the terms and conditions as stated in this Agreement.

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December 6, 2023 8:37 am CST

Non-Competition for Contractors Uploaded by Carolina Miranda Pintos - [email protected] IP 2601:2c1:8e01:7d40:49e8:54f6:bed8:f008