There are many reasons why you or your company should consider adding a contingency clause or provision in you contracts. These provisions can be easily overlooked before entering into a binding agreement. However, it should garner more importance since it can be used as a type of "escape clause" for your formal agreements. A contingency clause is a contract condition that requires a specific event or action to take place for the contract to be considered valid. If the events or actions do not satisfy the contingency clause, the parties will be released from the contract's obligations.
The Nevada Supreme Court passed a decision last year that may have caused your agreement to become invalid. In the case of Golden Road Motor Inn, v. Islam, the court held that non-compete agreements cannot extend further than what is reasonable and cannot create hardship on the employee. The biggest change from the ruling is the decision that courts may not "blue line" ("blue pencil") contracts, meaning to change or delete terms to make the contract legal.