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Non Compete Non Circumvention Agreement
"I need a Non-Compete Non-Circumvention Agreement to protect my technology consulting firm when hiring senior developers, with restrictions covering the Benelux region and a duration of 12 months after employment termination."
1. Parties: Identification of the contracting parties with full legal names and addresses
2. Background: Context of the agreement, relationship between parties, and legitimate business interests being protected
3. Definitions: Definitions of key terms including Confidential Information, Restricted Business, Territory, and Restricted Period
4. Non-Compete Obligations: Specific restrictions on competitive activities, including scope, duration, and geographical limitations
5. Non-Circumvention Obligations: Provisions preventing direct/indirect circumvention of business relationships and opportunities
6. Duration and Territory: Specific timeframe and geographical scope of restrictions, ensuring reasonableness under Dutch law
7. Exceptions and Permitted Activities: Clearly defined exceptions to the restrictions and activities that remain permissible
8. Consideration: Specific consideration provided in exchange for the restrictions
9. Confidentiality: Obligations regarding the treatment of confidential information
10. Remedies and Enforcement: Consequences of breach and enforcement mechanisms including penalties
11. General Provisions: Standard clauses including governing law, jurisdiction, and severability
1. Garden Leave: Optional provisions for paid non-compete period, typically used in employment contexts
2. Non-Solicitation: Additional restrictions on soliciting employees, customers, or suppliers
3. Training and Investment Protection: Specific provisions protecting employer investments in employee training
4. Post-Termination Obligations: Additional obligations following termination of primary relationship
5. Monitoring and Reporting: Requirements for periodic reporting or monitoring of compliance
1. Schedule 1 - Restricted Territory: Detailed definition of geographical areas covered by restrictions
2. Schedule 2 - Restricted Business Activities: Detailed list of specific business activities subject to restrictions
3. Schedule 3 - Protected Relationships: List of specific customers, suppliers, or business relationships protected by non-circumvention
4. Schedule 4 - Consideration Details: Detailed breakdown of consideration provided for the restrictions
5. Appendix A - Compliance Certificate: Template for periodic compliance certification if required
Authors
Technology
Professional Services
Financial Services
Manufacturing
Healthcare
Pharmaceuticals
Energy
Telecommunications
Real Estate
Construction
Retail
E-commerce
Consulting
Research and Development
Software Development
Legal
Sales
Business Development
Research and Development
Executive Leadership
Product Development
Client Services
Professional Services
Operations
Strategy
Investment
Technology
Innovation
Consulting
Chief Executive Officer
Chief Technology Officer
Sales Director
Business Development Manager
Senior Consultant
Project Manager
Account Executive
Research Scientist
Software Engineer
Product Manager
Investment Manager
Operations Director
Technical Lead
Senior Partner
Managing Director
Regional Manager
Strategy Consultant
Solutions Architect
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