Practitioners drafting restraint clauses in unit trust sale agreements must ensure the definition of restricted capacity uses disjunctive language ('or') if each limb is intended to operate independently; use of 'and' will be given its ordinary conjunctive meaning. Geographic and temporal restraints must be calibrated to the actual market area of the specific office, not the broader business, and non-solicitation clauses may be more valuable than broad geographic restraints for protecting goodwill in property management businesses.
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