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Non Disparage Agreement
"I need a Non Disparage Agreement under Swiss law for a senior executive's departure, with mutual obligations between the company and the executive, and special provisions for social media restrictions following their planned departure date of March 1, 2025."
1. Parties: Identification of all parties entering into the agreement, including full legal names and addresses
2. Background: Context for the agreement, including the relationship between the parties and reasons for entering into the non-disparagement agreement
3. Definitions: Clear definitions of key terms, especially 'disparagement', 'confidential information', and scope of prohibited statements
4. Scope of Non-Disparagement: Detailed description of prohibited conduct, including types of statements and communications covered
5. Duration: Time period during which the non-disparagement obligations remain in effect
6. Mutual Obligations: Specific commitments by each party regarding non-disparagement and permitted communications
7. Exceptions: Circumstances where communications are permitted (e.g., legal proceedings, regulatory requirements)
8. Remedies: Consequences of breach, including available legal remedies and potential damages
9. Notice: Requirements for providing notice of potential violations and opportunity to cure
10. Governing Law and Jurisdiction: Specification of Swiss law as governing law and designation of competent courts
11. Entire Agreement: Standard integration clause confirming this document represents the complete agreement between parties
1. Confidentiality: Additional provisions regarding confidentiality obligations, used when the agreement includes sensitive information beyond non-disparagement
2. Social Media Policy: Specific provisions regarding social media communications, used when parties have significant social media presence
3. Return of Materials: Requirements for returning or destroying materials containing potentially disparaging content, used in business or employment contexts
4. Severability: Clause ensuring remaining provisions survive if parts are found invalid, particularly important in complex agreements
5. Third Party Rights: Provisions extending protection to related parties (e.g., affiliates, officers), used in corporate contexts
6. Alternative Dispute Resolution: Mediation or arbitration procedures, used when parties prefer to avoid court proceedings
7. Survival: Specification of which obligations survive termination, used in fixed-term agreements
1. Schedule A - Protected Parties: List of additional individuals or entities protected by the agreement (e.g., officers, directors, affiliates)
2. Schedule B - Permitted Statements: Pre-approved public statements or communications that are explicitly allowed
3. Schedule C - Communication Guidelines: Detailed guidelines for acceptable and unacceptable communications
4. Appendix 1 - Notification Procedures: Detailed procedures for reporting potential violations and handling disputes
Authors
Financial Services
Technology
Healthcare
Professional Services
Manufacturing
Retail
Media and Entertainment
Education
Telecommunications
Consulting
Real Estate
Pharmaceuticals
Legal Services
Consumer Goods
Energy
Human Resources
Legal
Corporate Communications
Public Relations
Executive Leadership
Marketing
Sales
Business Development
Corporate Affairs
Employee Relations
Compliance
Risk Management
Chief Executive Officer
Chief Financial Officer
Chief Operating Officer
Human Resources Director
Public Relations Manager
Communications Director
Senior Executive
Board Member
Department Head
General Counsel
Legal Counsel
Senior Manager
Executive Assistant
Marketing Director
Sales Director
Business Development Manager
Project Manager
Corporate Communications Specialist
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