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determine that the agreements did have value, but not as much as
petitioner asserts or as little as respondent contends. Using
our best judgment, we shall discount petitioner's claimed value
by a percentage we feel would be appropriate under the
circumstances, i.e., 25 percent, to reflect an appropriate and
approximate cost of enforcement for any ensuing violations and to
recognize the inherent going-concern value. Consequently, in
light of all the facts and circumstances, we determine and hold
that the fair market values of the covenant not to compete and
the secrecy agreement are $1.5 million and $750,000,
respectively.
Decisions will be entered
under Rule 155.
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