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Termination Settlement Agreement
"I need a Termination Settlement Agreement under Hong Kong law for a senior executive's departure effective March 15, 2025, including provisions for unvested stock options, continued health benefits for 6 months, and strict non-compete restrictions."
1. Parties: Identification of the employer and employee parties to the agreement
2. Background: Context of the employment relationship and reason for termination settlement
3. Definitions: Definitions of key terms used throughout the agreement
4. Termination Date: Specification of the employment termination date and final working day
5. Settlement Payments: Details of all payments to be made, including salary, severance, and other entitlements
6. Tax Treatment: Clarification of tax handling for settlement payments
7. Release and Waiver: Mutual release of claims and waiver of rights
8. Confidentiality: Obligations regarding confidentiality of the agreement and company information
9. Return of Property: Requirements for returning company property and documents
10. Post-Termination Obligations: Continuing obligations such as non-disparagement and cooperation
11. Entire Agreement: Clause confirming this agreement supersedes all previous agreements regarding the subject matter
12. Governing Law: Specification of Hong Kong law as governing law
13. Execution: Signature blocks and execution requirements
1. Outstanding Claims: Section addressing any existing disputes or potential claims, used when there are known issues to be resolved
2. Intellectual Property Rights: Provisions regarding ownership and transfer of IP rights, used when IP was created during employment
3. Reference: Terms regarding the provision of employment references, used when agreed as part of settlement
4. Garden Leave: Provisions for garden leave period if applicable between notice and termination date
5. International Provisions: Additional jurisdictional provisions for employees with international employment aspects
6. Non-Compete and Non-Solicit: Post-employment restrictions, used when reasonable restrictions are necessary to protect business interests
7. Legal Advice: Acknowledgment of independent legal advice, used when required for enforceability
8. Medical Insurance: Provisions regarding continuation or termination of medical benefits, used when relevant
9. Share Options/Awards: Treatment of outstanding share options or awards, used when employee has equity arrangements
1. Schedule 1 - Payment Calculation: Detailed breakdown of all settlement payments and calculations
2. Schedule 2 - Company Property: List of company property to be returned
3. Schedule 3 - Outstanding Benefits: Details of any pro-rated bonuses, unused leave, or other benefits
4. Schedule 4 - Continuing Obligations: List of specific obligations that continue post-termination
5. Schedule 5 - Form of Announcement: Agreed form of internal/external announcement regarding the departure
6. Appendix A - Release Form: Form of release to be signed upon receipt of settlement payment
7. Appendix B - Certificate of Completion: Form confirming completion of handover and return of property
Authors
Company
Confidential Information
Claims
Effective Date
Employee
Employment Agreement
Employment Period
Group Companies
Hong Kong
Intellectual Property Rights
Notice Period
Parties
Release
Restricted Business
Settlement Payment
Statutory Entitlements
Termination Date
Company Property
Outstanding Benefits
Continuing Obligations
Confidentiality Obligations
Post-Termination Restrictions
Working Day
Final Salary
Tax Liability
MPF Benefits
Legal Expenses
Announcement
Remaining Leave
Bonus Payment
Professional Advisers
Related Persons
Warranties
Termination
Settlement Payments
Tax Indemnity
Release and Waiver
Confidentiality
Return of Property
Post-Termination Restrictions
Non-Disparagement
References
Warranties and Representations
Legal Costs
Announcements
Data Protection
Further Assurance
Severability
Variation
Assignment
Third Party Rights
Notices
Governing Law and Jurisdiction
Entire Agreement
Independent Legal Advice
Surviving Provisions
Employee Benefits
Company Property
Final Accounts
Statutory Compliance
Cooperation
Intellectual Property
MPF Arrangements
Outstanding Claims
Garden Leave
Execution
Financial Services
Technology
Manufacturing
Retail
Professional Services
Healthcare
Education
Construction
Real Estate
Telecommunications
Media & Entertainment
Energy
Transportation & Logistics
Hospitality
Consumer Goods
Human Resources
Legal
Finance
Compliance
Operations
Senior Management
Corporate Secretarial
Risk Management
Payroll
Employee Relations
Chief Executive Officer
Chief Financial Officer
Managing Director
Senior Manager
Department Head
Project Manager
Sales Executive
Software Engineer
Administrative Assistant
Operations Manager
HR Director
Legal Counsel
Finance Manager
Marketing Manager
Account Manager
Research Analyst
Technical Specialist
Customer Service Representative
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