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Non Compete Non Solicitation Agreement
"I need a Non-Compete Non-Solicitation Agreement under Irish law for a new Chief Technology Officer joining in January 2025, with restrictions covering Ireland and the UK, and specific provisions for protecting our software development intellectual property and development team."
1. Parties: Identification of the parties entering into the agreement, including the employer/company and the employee/restricted party
2. Background: Context of the agreement, including the business relationship and reason for restrictions
3. Definitions: Key terms used in the agreement, including 'Confidential Information', 'Restricted Business', 'Restricted Period', 'Territory', 'Restricted Customers', and 'Restricted Employees'
4. Non-Compete Obligations: Specific restrictions on competing activities, including scope, duration, and geographical limitations
5. Non-Solicitation of Customers: Restrictions on approaching or dealing with customers or prospective customers
6. Non-Solicitation of Employees: Restrictions on approaching or hiring employees of the company
7. Duration and Territory: Specific timeframes and geographical areas where restrictions apply
8. Acknowledgments: Employee's confirmation of reasonableness of restrictions and receipt of consideration
9. Consideration: Details of what the restricted party receives in exchange for these restrictions
10. Severability: Provisions for maintaining validity if certain clauses are found unenforceable
11. Remedies: Available remedies in case of breach, including injunctive relief
12. Governing Law and Jurisdiction: Specification of Irish law as governing law and Irish courts' jurisdiction
13. Execution: Signature blocks and execution requirements
1. Garden Leave: Include when the agreement needs to address paid leave periods during which the employee is restricted from working
2. International Scope: Include when restrictions need to apply across multiple jurisdictions
3. Assignment: Include when the company wants the right to assign the agreement to another entity
4. Specific Industry Restrictions: Include for specialized industries with unique competitive concerns
5. Post-Termination Notifications: Include when requiring the restricted party to notify new employers of restrictions
6. Consideration Review: Include when consideration may be subject to periodic review or adjustment
7. Alternative Dispute Resolution: Include when parties prefer mediation or arbitration before court proceedings
1. Schedule 1 - Restricted Territory: Detailed map or list of geographical areas where restrictions apply
2. Schedule 2 - Restricted Customers: List of specific customers or customer categories covered by restrictions
3. Schedule 3 - Restricted Business Activities: Detailed description of prohibited business activities
4. Schedule 4 - Consideration Details: Specific details of compensation or benefits provided in exchange for restrictions
5. Appendix A - Acknowledgment Form: Form for employee to acknowledge restrictions when starting new employment
Authors
Technology
Financial Services
Professional Services
Healthcare
Pharmaceuticals
Manufacturing
Consulting
Software Development
Telecommunications
Sales and Marketing
Research and Development
Biotechnology
Engineering
Recruitment
Legal Services
Human Resources
Legal
Sales
Business Development
Executive Leadership
Research and Development
Product Development
Client Services
Professional Services
Engineering
Information Technology
Marketing
Operations
Finance
Strategy
Chief Executive Officer
Chief Technology Officer
Sales Director
Account Manager
Senior Software Developer
Business Development Manager
Senior Consultant
Research Scientist
Product Manager
Technical Lead
Client Relations Manager
Regional Sales Manager
Department Head
Senior Engineer
Financial Advisor
Managing Director
Partner
Vice President
Chief Marketing Officer
Head of Operations
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