Texas courts are reluctant to extend a non-compete agreement's duration.
One exception may be if the original agreement included a tolling provision.
A tolling provision automatically extends the non-compete agreement's
term by the same period that the employee violated the agreement or during
litigation. The theory is that this allows the employer to realize the
full benefits of term of the agreement.
Tolling provisions to a non-compete clause must be drafted carefully, however,
to ensure the agreement is still enforceable.