Mutual Non Compete Agreement Template for Netherlands

This Mutual Non-Compete Agreement is designed for use in the Netherlands when two or more parties need to establish reciprocal restrictions on competitive activities. The document is particularly relevant in business partnerships, joint ventures, or collaborative arrangements where parties share sensitive information or resources and need mutual protection. It complies with Dutch legal requirements, including the Dutch Civil Code (Burgerlijk Wetboek) provisions on non-compete clauses and competition law. The agreement typically includes specific provisions on restricted activities, geographical scope, duration, and enforcement mechanisms, while ensuring compliance with both Dutch and EU competition law. It's structured to protect legitimate business interests while maintaining reasonable and enforceable restrictions, as required under Dutch jurisdiction.

1. Parties: Identification of the contracting parties, including full legal names, addresses, and registration details if applicable

2. Background: Context of the agreement, including the business relationship between the parties and their legitimate interests in protecting confidential information and business relationships

3. Definitions: Key terms used throughout the agreement, including 'Competitive Activities', 'Restricted Territory', 'Restricted Period', and 'Confidential Information'

4. Scope of Non-Compete Obligations: Detailed description of the mutual restrictions, including specific prohibited activities and business areas

5. Geographic Limitations: Clear definition of the territorial scope where the non-compete obligations apply

6. Duration: Specification of the time period during which the non-compete obligations remain in effect

7. Exceptions and Permitted Activities: Activities that are explicitly allowed despite the general non-compete provisions

8. Consideration: Description of the mutual benefits or compensation provided in exchange for the non-compete obligations

9. Remedies for Breach: Consequences of violating the agreement, including potential penalties and enforcement mechanisms

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

11. Governing Law and Jurisdiction: Specification of Dutch law as governing law and designation of competent courts