Subcontractor Non Solicitation Agreement Template for Nigeria

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Key Requirements PROMPT example:

Subcontractor Non Solicitation Agreement

"I need a Subcontractor Non-Solicitation Agreement for my construction company in Lagos, Nigeria, to prevent subcontractors from poaching our skilled workers and approaching our clients within the Lagos metropolitan area for a period of 2 years from March 2025."

Document background
The Subcontractor Non Solicitation Agreement is a crucial document for businesses operating in Nigeria that engage subcontractors for various projects or services. It addresses the common business risk of subcontractors potentially poaching employees, clients, or suppliers, which can be particularly damaging in the Nigerian market where skilled workforce and established business relationships are valuable assets. This agreement, governed by Nigerian law, typically follows major contracting arrangements and includes specific provisions about who cannot be solicited, for how long, and within what geographical area. It must be carefully drafted to ensure enforceability under Nigerian competition law while providing meaningful protection for the main contractor's legitimate business interests. The document is particularly relevant in sectors with high workforce mobility and where subcontracting is common practice.
Suggested Sections

1. Parties: Identification of the main contractor and subcontractor, including full legal names, registration numbers, and registered addresses

2. Background: Context of the agreement, reference to any main contract, and the business relationship between the parties

3. Definitions: Key terms used in the agreement, including 'Restricted Persons', 'Solicitation', 'Confidential Information', and 'Restricted Period'

4. Non-Solicitation Obligations: Core provisions detailing the specific restrictions on soliciting employees, contractors, clients, and suppliers

5. Duration and Territory: Specification of the time period and geographical scope of the non-solicitation restrictions

6. Exceptions and Permitted Activities: Circumstances under which the non-solicitation restrictions do not apply

7. Confidentiality Obligations: Provisions regarding the protection and non-disclosure of confidential information

8. Remedies: Consequences of breach, including injunctive relief and damages

9. Severability: Provisions ensuring that if any part of the agreement is found invalid, the rest remains enforceable

10. Governing Law and Jurisdiction: Specification of Nigerian law as governing law and jurisdiction for disputes

11. Execution: Signature blocks and execution formalities

Optional Sections

1. Independent Contractor Status: Section clarifying that the subcontractor is an independent contractor, used when there's potential for misclassification

2. Assignment: Provisions regarding the ability to transfer rights under the agreement, included when assignment rights need to be restricted

3. Alternative Dispute Resolution: Mediation or arbitration provisions, included when parties prefer alternative dispute resolution to court proceedings

4. Force Majeure: Provisions for unforeseen circumstances, included when long-term restrictions are involved

5. Survival: Specifying which provisions survive termination, included when certain obligations should continue post-termination

6. Notice Provisions: Detailed procedures for giving notices, included in more formal or complex relationships

Suggested Schedules

1. Schedule 1 - Restricted Persons: List of specific employees, contractors, or categories of persons covered by the non-solicitation provisions

2. Schedule 2 - Restricted Clients/Customers: List of specific clients or customers covered by the non-solicitation provisions

3. Schedule 3 - Restricted Territory: Detailed description or map of the geographical area covered by the restrictions

4. Appendix A - Acknowledgment Form: Form for key employees to acknowledge the restrictions and their obligations

5. Appendix B - Permitted Activities: Detailed list of activities that are explicitly permitted despite the general 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 legal definitions
Relevant Industries

Construction

Information Technology

Oil and Gas

Manufacturing

Professional Services

Telecommunications

Engineering

Mining

Real Estate Development

Infrastructure

Healthcare

Education

Relevant Teams

Legal

Human Resources

Procurement

Operations

Compliance

Project Management

Commercial

Business Development

Risk Management

Executive Leadership

Relevant Roles

Chief Executive Officer

Managing Director

Human Resources Director

Legal Counsel

Procurement Manager

Project Manager

Operations Director

Contract Manager

Business Development Manager

Compliance Officer

Chief Operating Officer

Commercial Director

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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