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Heinrich was offered a job as a sales representative with Acme Aviation. When he asked if Acme could remove a noncomplete clause in the employment
Heinrich was offered a job as a sales representative with Acme Aviation. When he asked if Acme could remove a noncomplete clause in the employment contract which would prevent him from working for competitors for two years after termination from Acme Acme management refused to negotiate and change the provision. Heinrich grudgingly signed the contract. Later, he quit and went to work for a competitor of Acme, Superior Aerospace. He started working for Superior just days after quitting from Acme; his position was as a computer programmer. Acme sued Heinrich for violation of the noncompete. At issue was whether taking a different type of job with a competitor programmer versus sales rep would count as a violation of the noncompete. The court has ruled that the term was in fact ambiguous. Under these circumstances, how should this ambiguous term in the contract be interpreted?
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