What’s a Covenant?

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A pact is a written agreement between parties for an ongoing business relationship. It identifies the parties, purpose, general conditions, payment terms, penalties, and authorized signatories. It can be narrow or broad, with specific or vague terms.

In terms of business applications, a pact is a written agreement between the parties involved that helps form the basis for some sort of ongoing business relationship. Covenants provide the general terms of the agreement that will exist between the entities that are party to the employment relationship, although some covenant documents are somewhat vague while others are very specific. In all cases, there are some basic elements that are included in the deal that help give meaning and function to the trade agreement.

Traditionally, a pact will address five key issues, either in broad terms or with specific perimeters. First, the covenant will identify the parties who are entering into the agreement. This may include names of individuals as well as company names and any DBA identities employed by either party. Second, the text of the agreement will include at least one clause or section that addresses the primary purpose for creating the agreement. These first two factors address both the essential questions of who is involved and why they are entering into an employment relationship.

The remaining three factors in a pact relate to how the relationship is expected to proceed. The agreements will include data relating to the general conditions that will govern the relationship, such as the definition of which services will be provided. The agreement will also consider the terms of payment for the services, any special discounts or exceptions to the provision of the service agreed and how each party to the agreement will react in the event of an emergency situation. Once the general conditions for the deliverables have been addressed, the matter of rewards and penalties is defined in the event of non-compliance by one of the parties with the termination of the relationship. A final factor is who is authorized to sign the agreement on behalf of each entity and who will receive a signed original copy of the agreement.

As contracts go, a deal can be a narrow deal or a broad deal. A restrictive covenant tends to be very specific with regards to expectations for all parties, as well as detailing processes and procedures in very strict terms. Very little is left to the discretion of any interested parties. Conversely, a broad pact outlines the perimeters of the relationship, but can leave a number of issues open to the discretion of the parties concerned.




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