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Non Defamation Agreement
"I need a Non Defamation Agreement between my technology company and a departing senior executive, with specific provisions for social media posts and industry commentary, to take effect from March 1, 2025."
1. Parties: Identification of all parties to the agreement, including their legal names, addresses, and any relevant business or professional capacities
2. Background: Context of the agreement, including any existing disputes or relationships between the parties
3. Definitions: Detailed definitions of key terms including 'defamation', 'publication', 'confidential information', and other relevant terms
4. Non-Defamation Obligations: Core obligations of parties to refrain from making defamatory statements, including specific prohibited actions
5. Scope of Agreement: Detailed description of what communications and contexts are covered by the agreement
6. Duration: Term of the agreement and any survival provisions
7. Confidentiality: Obligations regarding confidentiality of the agreement and any related matters
8. Remedies and Enforcement: Consequences of breach and available remedies including injunctive relief
9. Dispute Resolution: Process for resolving disputes related to the agreement
10. General Provisions: Standard boilerplate clauses including governing law, entire agreement, and severability
1. Social Media Protocol: Specific provisions regarding social media posts and online communications, recommended when parties have significant social media presence
2. Public Statements: Protocol for making public statements about the other party or related matters, useful for public figures or high-profile cases
3. Third Party Obligations: Provisions regarding statements made to or through third parties, important when other entities might be involved
4. Retraction and Correction Procedure: Process for handling existing defamatory content and making corrections, needed when addressing existing publications
5. Media Communications: Specific provisions for dealing with media inquiries and press releases, important for high-profile cases
6. Mutual Non-Disparagement: Broader provisions beyond defamation covering general negative statements, useful in business or employment contexts
7. Future Dealings: Framework for future interactions between parties, relevant when ongoing relationship exists
1. Schedule A - Prohibited Statements: Specific list of statements or topics that are explicitly prohibited under the agreement
2. Schedule B - Approved Public Statements: Pre-approved statements that parties may make about the matter
3. Schedule C - Communication Channels: List of specific platforms, media outlets, or channels covered by the agreement
4. Schedule D - Prior Publications: List of existing publications or statements that must be removed or amended
5. Schedule E - Contact Persons: Designated representatives for communications regarding the agreement
6. Appendix 1 - Complaint Procedure: Detailed procedure for raising and addressing potential breaches of the agreement
Authors
Publication
Electronic Publication
Social Media
Digital Platform
Confidential Information
Disparaging Statement
Business Day
Effective Date
Expiry Date
Permitted Disclosure
Prohibited Statement
Public Statement
Representatives
Serious Harm
Communication Channels
Media Release
Associated Entities
Intellectual Property Rights
Remedial Action
Third Party
Affiliate
Authorised Representative
Compliance Notice
Dispute
Existing Publication
Force Majeure Event
Governing Law
Implementation Date
Jurisdiction
Material Breach
Notice
Platform Provider
Related Party
Retraction
Term
Definitions
Non-Defamation Obligations
Confidentiality
Publication Restrictions
Social Media Obligations
Public Statements
Third Party Communications
Duration
Representations and Warranties
Indemnification
Remedies
Injunctive Relief
Breach Notification
Dispute Resolution
Mediation
Jurisdiction
Governing Law
Amendment
Severability
Entire Agreement
Force Majeure
Notices
Assignment
Waiver
Costs
Counterparts
Survival
Media and Entertainment
Professional Services
Healthcare
Education
Financial Services
Technology
Sports
Politics and Government
Retail
Hospitality
Non-profit Organizations
Social Media and Digital Platforms
Public Relations
Legal Services
Corporate Services
Legal
Public Relations
Human Resources
Corporate Communications
Media Relations
Risk Management
Marketing
Social Media
Corporate Affairs
Compliance
Executive Leadership
Brand Management
Chief Executive Officer
Public Relations Manager
Human Resources Director
Communications Director
Legal Counsel
Media Relations Manager
Brand Manager
Corporate Affairs Director
Talent Manager
Business Development Executive
Marketing Director
Social Media Manager
Publicity Manager
Risk Management Officer
Company Secretary
Board Member
Managing Director
Chief Communications Officer
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