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Non Disparagement Agreement After Termination
"I need a Non Disparagement Agreement After Termination for a senior marketing executive leaving our Hong Kong-based technology company on March 1, 2025, with mutual obligations and specific social media restrictions, particularly covering LinkedIn and industry forums."
1. Parties: Identification of the employer and former employee
2. Background: Context of the agreement, including reference to the terminated employment relationship
3. Definitions: Definitions of key terms including 'disparagement', 'confidential information', and 'related parties'
4. Non-Disparagement Obligations: Core obligations regarding prohibited statements and communications
5. Duration and Scope: Temporal and geographical limits of the non-disparagement obligations
6. Exceptions and Permitted Disclosures: Circumstances where statements are permitted (e.g., legal proceedings, regulatory requirements)
7. Remedies and Enforcement: Consequences of breach and enforcement mechanisms
8. Severability: Provision ensuring rest of agreement remains valid if any part is found unenforceable
9. Governing Law and Jurisdiction: Specification of Hong Kong law and courts' jurisdiction
10. Entire Agreement: Confirmation that this document represents the complete agreement between parties
1. Mutual Non-Disparagement: Used when both parties agree to reciprocal non-disparagement obligations
2. Social Media Provisions: Specific provisions regarding social media platforms and online communications
3. Third Party Rights: Extension of protection to related entities and individuals
4. Alternative Dispute Resolution: Procedures for mediation or arbitration before court proceedings
5. Return of Property: Requirements regarding company property if not covered in separation agreement
6. Consideration: Details of any additional payment or benefit provided in exchange for the agreement
1. Schedule 1 - Protected Parties: List of additional parties protected by the non-disparagement obligations
2. Schedule 2 - Prohibited Communications: Examples of specific types of communications or statements that would constitute disparagement
3. Schedule 3 - Social Media Platforms: List of specific social media and professional networking platforms covered by the agreement
4. Appendix A - Acknowledgment Form: Form for the employee to acknowledge understanding and acceptance of obligations
5. Appendix B - Permitted Disclosures: Detailed list of circumstances where disclosure is permitted
Authors
Financial Services
Technology
Professional Services
Healthcare
Media and Entertainment
Retail and Consumer
Manufacturing
Education
Telecommunications
Real Estate
Consulting
Human Resources
Legal
Compliance
Executive Management
Public Relations
Corporate Communications
Risk Management
Administration
Information Technology
Chief Executive Officer
Senior Executive
Director
Manager
Department Head
Senior Professional
Technical Lead
Sales Executive
HR Manager
Legal Counsel
Financial Controller
Public Relations Officer
Marketing Manager
Account Manager
Research Analyst
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