Legal Question in Administrative Law in Maryland

Is this employment agreement overly binding? If the intepretation is broad enougj, would it be able to prevent me from working almost anywhere else for two years?

6. COVENANT NOT TO COMPETE

The Employee agrees that while employed by the Company and for a period of

two (2) years after the date of the Employee�s separation from employment with the Company,

regardless of reason, the Employee shall not:

a. within the Restricted Area (defined below), for himself or as an agent or employee of

any business enterprise, be engaged in any activity or business which directly or

indirectly competes with the Products and Services offered by the Company. The

Restricted Area is defined as anywhere within a 60 mile radius of the Rockville office

(all of which constitutes the Company�s primary market) OR any state in the United

States in which a Customer is located (the Company�s growth markets). For the

purposes of this Agreement, the Company�s customers shall include any individual or

entity, during the twelve (12) months prior to the Employee�s separation of

employment, (i) to whom the Company actually provided products or services, (ii) for

which the Company prepared a solicited bid or proposal to provide products or

services, or (iii) which the Company has specifically identified in any business or

marketing meetings or plans as being a possible customer of the Company.

Employee agrees to the geographic restriction for this prohibition as the Employee

recognizes that the services provided and the technology and products being

developed and offered by the Company to Customers are unique trade secrets.

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