Re: NonCompete NonDisclosure Agreement

Not a problem at all -- the result is commonly called a "composite original" signature page. As long as you have his signature and he has yours, both sides can feel comfortable enforcing the contract if necessary.

Best wishes,

LDWG

Re: NonCompete NonDisclosure Agreement

I need to know you're objective here. The MA law answer will vary depending on what it is you want to do.

Do you want to (1) enfore the one he signed because you think he's violated it, (2) take the position the one you signed is UNenforceable against you, leaving you (arguably) free to compete, (3) simply know if either/both are enforceable 'as is' and going forward, or (4) take steps to ensure either/both will be enforceable going forward.

Let me know your objective and I'll address your particular issues.

Assuming your intention is #3 (above), short answer is 'yes,' but I would advise taking simple steps (4) to solidify the enforceability of either/both, which I can recommend.

Re: NonCompete NonDisclosure Agreement

He can enforce against you, and you can enforce against him is the simple answer.

Is there something going on that makes you concerned? are you looking to enforce the agreement or have you rec'd a cease and desist letter, etc.?

Re: NonCompete NonDisclosure Agreement

Perhaps I'm missing something. If this is the same NC/NDA in each case, you can each simply sign the copy you have, can't you?

More importantly, if there is an issue, the document itself is the key, along with any behavior you each seek to control.