Non Compete Agreement Between Companies Template for Nigeria

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Key Requirements PROMPT example:

Non Compete Agreement Between Companies

"I need a Non Compete Agreement Between Companies for my software development company in Lagos, restricting a service provider from competing in the fintech sector across West Africa for 2 years starting March 2025."

Document background
The Non-Compete Agreement Between Companies is a crucial legal instrument in Nigerian business transactions, commonly used in situations involving business sales, joint ventures, strategic partnerships, or service provider relationships. This document becomes essential when companies need to protect their legitimate business interests, market position, and confidential information from competitive use. Under Nigerian law, particularly considering the Federal Competition and Consumer Protection Act 2018, such agreements must be carefully drafted to ensure they are reasonable in scope, duration, and geographical coverage. The agreement typically includes detailed provisions about restricted activities, enforcement mechanisms, and remedies for breach, while ensuring compliance with Nigerian competition law and constitutional principles. It's particularly relevant in scenarios involving mergers and acquisitions, joint ventures, or strategic business relationships where one company gains significant insight into another's business operations.
Suggested Sections

1. Parties: Identifies and defines the companies entering into the agreement, including their registered addresses and company registration numbers

2. Background: Explains the context and purpose of the agreement, including the business relationship between the parties

3. Definitions: Defines key terms used throughout the agreement, including 'Confidential Information', 'Competitive Business', 'Territory', etc.

4. Scope of Non-Compete: Details the specific activities and business areas covered by the non-compete restrictions

5. Duration: Specifies the time period during which the non-compete obligations will remain in effect

6. Geographic Territory: Defines the geographical areas where the non-compete restrictions apply

7. Consideration: States the consideration being provided in exchange for the non-compete commitments

8. Confidentiality Obligations: Outlines the obligations regarding confidential information and trade secrets

9. Breach and Remedies: Describes what constitutes a breach and the available remedies, including injunctive relief

10. Governing Law and Jurisdiction: Specifies Nigerian law as governing law and establishes jurisdiction for dispute resolution

11. General Provisions: Standard boilerplate clauses including severability, entire agreement, and amendments

Optional Sections

1. Non-Solicitation: Additional restrictions on soliciting employees, customers, or suppliers - used when these specific protections are needed

2. Assignment: Provisions regarding the ability to transfer rights under the agreement - included when assignment rights are important to either party

3. Corporate Group Coverage: Extends obligations to affiliated companies - used when parties are part of larger corporate groups

4. Post-Term Obligations: Specific obligations that survive termination - included for complex business relationships

5. Alternative Dispute Resolution: Mediation or arbitration procedures - included when parties prefer alternative dispute resolution to court proceedings

6. Change of Control: Provisions dealing with ownership changes - important for companies anticipating potential mergers or acquisitions

7. Force Majeure: Provisions for unforeseeable circumstances - included when needed for specific industry contexts

Suggested Schedules

1. Schedule 1 - Restricted Business Activities: Detailed list of specific business activities, products, or services covered by the non-compete

2. Schedule 2 - Territory Map: Detailed map or description of the geographical areas covered by the restrictions

3. Schedule 3 - Affiliated Companies: List of subsidiary companies or corporate group members bound by the agreement

4. Schedule 4 - Consideration Details: Detailed breakdown of any financial or other consideration being provided

5. Appendix A - Compliance Requirements: Specific procedures and requirements for ensuring compliance with the non-compete obligations

6. Appendix B - Industry-Specific Terms: Detailed technical or industry-specific terms relevant to the non-compete restrictions

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Relevant Industries

Technology and Software

Manufacturing

Professional Services

Financial Services

Healthcare and Pharmaceuticals

Energy and Natural Resources

Telecommunications

Retail and Consumer Goods

Industrial Services

Construction and Engineering

Agriculture and Food Processing

Media and Entertainment

Education and Training

Transportation and Logistics

Relevant Teams

Legal

Corporate Affairs

Compliance

Executive Leadership

Business Development

Mergers & Acquisitions

Risk Management

Commercial Operations

Strategy

Corporate Governance

Relevant Roles

Chief Executive Officer

Managing Director

Legal Counsel

Corporate Lawyer

Business Development Manager

Chief Operating Officer

Commercial Director

Compliance Officer

Contract Manager

Company Secretary

Chief Financial Officer

Strategy Director

Mergers & Acquisitions Director

Head of Legal

Risk Manager

Industries
Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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