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Non Compete In Severance Agreement
"I need a Non-Compete in Severance Agreement for our departing Chief Technology Officer in the fintech sector, with a 12-month restriction period across Australia and New Zealand, including specific protections for our proprietary trading algorithms and client relationships."
1. Parties: Identification of the employer and employee, including their full legal names and addresses
2. Background: Context of the agreement, including employment history and reason for separation
3. Definitions: Key terms used throughout the agreement, including 'Confidential Information', 'Competitive Activity', 'Restricted Period', and 'Restricted Territory'
4. Severance Payment: Details of the severance package, including amount, payment schedule, and conditions
5. Non-Compete Obligations: Specific restrictions on competitive activities, including duration and geographical scope
6. Non-Solicitation: Restrictions on soliciting employees, customers, or suppliers
7. Confidentiality: Obligations regarding confidential information and trade secrets
8. Acknowledgments: Employee's acknowledgment of reasonableness of restrictions and receipt of consideration
9. Enforcement: Rights and remedies in case of breach, including injunctive relief
10. Governing Law: Specification of Australian law and jurisdiction
11. Execution: Signature blocks and execution details
1. Garden Leave: Include when the employee will be paid but not required to work during the notice period
2. Return of Property: Include when there are specific company assets or documents to be returned
3. Mutual Release: Include when both parties agree to release each other from claims
4. Ongoing Cooperation: Include when employee's assistance may be needed for transition or future matters
5. Tax Treatment: Include when specific tax arrangements or implications need to be addressed
6. Independent Legal Advice: Include when specifically requiring confirmation of independent legal advice
7. Variation: Include when specific provisions for modifying the agreement may be needed
1. Schedule 1 - Severance Payment Details: Detailed breakdown of severance payment components and timing
2. Schedule 2 - Restricted Territory: Detailed description or map of geographical areas covered by non-compete
3. Schedule 3 - Restricted Activities: Comprehensive list of prohibited competitive activities
4. Schedule 4 - Company Information: Definition and examples of confidential information and trade secrets
5. Appendix A - Acknowledgment Form: Form for employee to acknowledge receipt of severance payment
6. Appendix B - Compliance Certificate: Template for periodic certification of compliance with non-compete obligations
Authors
Business
Commencement Date
Company
Competitive Activity
Confidential Information
Customer
Effective Date
Employee
Employer
Intellectual Property
Notice Period
Protected Information
Restricted Area
Restricted Business
Restricted Period
Restraint Period
Severance Payment
Termination Date
Trade Secrets
Restricted Territory
Material Client
Key Personnel
Business Connection
Competitive Enterprise
Proprietary Information
Group
Related Entity
Controlled Entity
Competing Business
Restraint Area
Restraint Distance
Confidentiality Obligations
Consideration
Prohibited Activities
Protected Customer
Relevant Business
Restraint Time
Severance Benefits
Termination Benefits
Interpretation
Severance Payment
Non-Competition
Non-Solicitation
Confidentiality
Intellectual Property
Garden Leave
Return of Property
Consideration
Duration
Geographic Scope
Prohibited Activities
Acknowledgments
Remedies
Enforcement
Severability
Variation
Waiver
Assignment
Governing Law
Jurisdiction
Entire Agreement
Notices
Survival
Independent Legal Advice
Force Majeure
Dispute Resolution
Tax Obligations
Release and Waiver
Further Assurance
Technology
Financial Services
Professional Services
Healthcare
Manufacturing
Retail
Telecommunications
Mining and Resources
Pharmaceuticals
Consulting
Media and Entertainment
Human Resources
Legal
Executive Leadership
Sales
Business Development
Research and Development
Product Development
Client Services
Operations
Technical Services
Chief Executive Officer
Chief Financial Officer
Senior Manager
Sales Director
Technical Director
Head of Department
Senior Engineer
Account Director
Regional Manager
Product Manager
Research Director
Principal Consultant
Senior Scientist
Business Development Manager
Chief Technology Officer
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