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Key Employee Agreement
"I need a Key Employee Agreement under Dutch law for a senior software architect in our technology company, including strong IP protection clauses and provisions for hybrid working arrangements, with the employment to commence on March 1, 2025."
1. Parties: Identification of the employer and the key employee with full legal names and addresses
2. Background: Context of the agreement, employee's key position, and general purpose of the agreement
3. Definitions: Definitions of key terms used throughout the agreement
4. Position and Duties: Detailed description of the employee's role, responsibilities, and reporting structure
5. Term and Commencement: Duration of employment (indefinite/fixed) and start date
6. Working Hours and Location: Specification of working hours, flexibility, and primary work location
7. Remuneration and Benefits: Base salary, bonuses, benefits, and review procedures
8. Holiday and Leave: Annual leave entitlement and other leave provisions
9. Confidentiality: Obligations regarding confidential information and trade secrets
10. Intellectual Property: Assignment of IP rights and related obligations
11. Data Protection: GDPR compliance and handling of personal data
12. Non-Competition and Non-Solicitation: Post-employment restrictions compliant with Dutch law
13. Termination: Grounds for termination and notice periods
14. Governing Law and Jurisdiction: Application of Dutch law and jurisdiction
15. Entire Agreement: Integration clause and relationship to other agreements
1. Performance Targets: Specific KPIs and performance expectations - include for roles with clear measurable targets
2. International Travel: Terms for international travel and assignments - include if role requires regular travel
3. Share Options/Equity: Terms of any share option or equity participation - include if offering equity compensation
4. Sign-on Bonus: Terms of any sign-on bonus and clawback provisions - include if offering sign-on bonus
5. Garden Leave: Provisions for garden leave during notice period - include for senior positions
6. Change of Control: Provisions relating to company ownership changes - include for very senior positions
7. Secondment: Terms for potential secondment to other group companies - include if relevant
8. Training Obligations: Specific training requirements and commitments - include if special certifications needed
1. Schedule 1 - Remuneration Details: Detailed breakdown of salary, bonuses, and benefits structure
2. Schedule 2 - Job Description: Detailed description of role, responsibilities, and objectives
3. Schedule 3 - Company Policies: Key company policies applicable to the employee
4. Schedule 4 - Bonus Scheme Rules: Detailed terms of applicable bonus schemes
5. Schedule 5 - Share Option Terms: Details of any share option or equity participation scheme
6. Appendix A - Confidential Information: Definition and examples of confidential information
7. Appendix B - Company Equipment: List of company equipment provided to employee
Authors
Applicable Law
Base Salary
Board
Business Day
Cause
Company
Company Group
Competitor
Confidential Information
Data Protection Legislation
Effective Date
Employee
Good Reason
Group Company
Intellectual Property Rights
Key Performance Indicators
Notice Period
Parent Company
Performance Bonus
Personal Data
Position
Restricted Business
Restricted Period
Restricted Territory
Subsidiary
Target Bonus
Term
Termination Date
Trade Secrets
Variable Compensation
Works Council
Working Hours
Workplace
Position and Duties
Duration
Probationary Period
Working Hours
Place of Work
Salary and Benefits
Bonus Arrangements
Pension
Expenses
Holiday Entitlement
Sick Leave
Performance Review
Training and Development
Confidentiality
Intellectual Property
Data Protection
Non-Competition
Non-Solicitation
Non-Dealing
Garden Leave
Company Property
Professional Memberships
Insurance
Termination
Summary Dismissal
Notice Period
Severance
Post-Termination Obligations
References
Amendments
Governing Law
Jurisdiction
Entire Agreement
Severability
Third Party Rights
Works Council
Assignment
Waiver
Notices
Technology
Financial Services
Professional Services
Manufacturing
Healthcare
Telecommunications
Energy
Retail
Media and Entertainment
Pharmaceuticals
Construction
Education
Real Estate
Logistics
Consulting
Executive Leadership
Senior Management
Research and Development
Legal
Human Resources
Finance
Information Technology
Sales
Marketing
Operations
Product Development
Data Science
Engineering
Strategic Planning
Corporate Development
Chief Executive Officer
Chief Financial Officer
Chief Technology Officer
Chief Operating Officer
Managing Director
Senior Vice President
Director of Engineering
Head of Research
Chief Scientific Officer
Senior Software Architect
Principal Engineer
Head of Sales
Chief Marketing Officer
Regional Director
Country Manager
Senior Legal Counsel
Head of Human Resources
Chief Product Officer
Lead Data Scientist
Financial Controller
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