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Non Compete Agreement For Existing Employees
"I need a Non Compete Agreement For Existing Employees for our senior software developers in Sydney, restricting them from working with direct competitors within Australia for 12 months after employment, with specific focus on protecting our proprietary technology and client relationships."
1. Parties: Identifies the employer and employee, including their full legal names, addresses, and ACN/ABN where applicable
2. Background: Sets out the context of the agreement, including the employee's current role, length of employment, and reason for the non-compete agreement
3. Definitions: Defines key terms used throughout the agreement, including 'Confidential Information', 'Restricted Activity', 'Restricted Period', and 'Restricted Area'
4. Consideration: Specifies the consideration being provided to the employee in exchange for entering into this agreement (e.g., continued employment, bonus, or other benefits)
5. Non-Compete Obligations: Details the specific activities the employee is restricted from engaging in, including timeframes and geographical limitations
6. Non-Solicitation Obligations: Prohibitions on soliciting customers, suppliers, or employees of the company
7. Confidentiality Obligations: Requirements to maintain confidentiality of company information during and after employment
8. Acknowledgments: Employee's acknowledgment that the restrictions are reasonable and necessary
9. Severability: Provisions allowing court modification of unreasonable restrictions rather than invalidating the entire agreement
10. Governing Law and Jurisdiction: Specifies that Australian law governs the agreement and nominates the relevant jurisdiction for disputes
11. Execution: Signature blocks and execution details for all parties
1. Garden Leave: Optional provisions for placing the employee on paid leave during notice periods, used when there's higher risk of competitive activity
2. Intellectual Property: Additional provisions regarding ownership and protection of IP, particularly relevant for technical or creative roles
3. Post-Employment Cooperation: Requirements for the employee to assist with handover or transition, particularly relevant for senior roles
4. Independent Legal Advice: Section acknowledging that the employee has had the opportunity to seek independent legal advice, recommended for stronger enforceability
5. Dispute Resolution: Detailed procedures for resolving disputes, recommended for senior employees or high-risk situations
6. Survival of Obligations: Clarification of which obligations survive termination of employment, useful for complex agreements
1. Schedule 1 - Restricted Activities: Detailed list of specific activities, competitors, or business types the employee is restricted from engaging with
2. Schedule 2 - Restricted Area: Maps or detailed descriptions of the geographical areas where restrictions apply
3. Schedule 3 - Consideration Details: Specific details of any additional compensation or benefits being provided as consideration
4. Schedule 4 - Key Customers and Suppliers: List of specific customers and suppliers covered by non-solicitation provisions
5. Appendix A - Employee's Current Role and Responsibilities: Detailed description of the employee's current position and duties, useful for establishing the scope of restrictions
Authors
Business
Company
Competing Business
Competitive Activity
Confidential Information
Customer
Effective Date
Employee
Intellectual Property
Material Customer
Material Supplier
Notice Period
Prohibited Activities
Protected Information
Restricted Area
Restricted Period
Restricted Territory
Trade Secrets
Restraint Period
Restraint Area
Services
Solicitation
Competitive Products
Competitive Services
Group Company
Key Personnel
Related Body Corporate
Associated Entity
Business Relationship
Consideration
Prospective Customer
Termination Date
Confidentiality Obligations
Garden Leave
Market Area
Business Opportunities
Proprietary Information
Senior Employee
Commercial Relationship
Definitions
Consideration
Non-Competition
Non-Solicitation of Customers
Non-Solicitation of Employees
Confidentiality
Protection of Business Interests
Duration of Restrictions
Geographical Limitations
Acknowledgments
Reasonableness of Restrictions
Independent Legal Advice
Severability
Survival of Obligations
Remedies
Injunctive Relief
Assignment
Variation
Governing Law
Jurisdiction
Entire Agreement
Notice
Garden Leave
Intellectual Property
Warranties
Dispute Resolution
Force Majeure
Termination
Compliance with Laws
Technology
Professional Services
Financial Services
Healthcare
Manufacturing
Retail
Telecommunications
Biotechnology
Engineering
Consulting
Pharmaceuticals
Media and Entertainment
Research and Development
Human Resources
Legal
Sales
Research and Development
Executive Leadership
Product Development
Business Development
Client Services
Engineering
Marketing
Finance
Operations
Chief Executive Officer
Senior Manager
Sales Director
Technical Lead
Research Scientist
Product Manager
Business Development Manager
Software Engineer
Account Executive
Chief Technology Officer
Regional Manager
Client Relations Manager
Senior Consultant
Head of Department
Research Director
Principal Engineer
Marketing Director
Chief Financial Officer
Senior Architect
Sales Manager
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