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Non Disparagement Agreement

Non Disparagement Agreement Template for India

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Key Requirements PROMPT example:

Non Disparagement Agreement

"I need a Non Disparagement Agreement for my tech startup in Bangalore, covering both the departing CTO and our company, with specific provisions for protecting our IP and addressing social media communications."

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Document background
The Non Disparagement Agreement serves as a crucial legal instrument in Indian business relationships, particularly in situations involving employment terminations, business separations, or settlement agreements. It has become increasingly important in the digital age where statements can rapidly spread through social media and online platforms. The document typically includes specific provisions about prohibited communications, enforcement mechanisms, and remedies available under Indian law. It must balance protecting legitimate business interests while respecting constitutional rights to freedom of speech. The agreement is particularly relevant in scenarios involving sensitive information, high-profile departures, or dispute resolutions, and must comply with the Indian Contract Act, 1872, and other relevant legislation.
Suggested Sections

1. Parties: Identifies all parties to the agreement, including full legal names and addresses

2. Background: Establishes the context and purpose of the agreement, including the relationship between the parties

3. Definitions: Defines key terms used in the agreement, including 'disparagement', 'confidential information', and 'communication channels'

4. Scope of Non-Disparagement: Details specific prohibited actions and behaviors, including verbal, written, and digital communications

5. Duration: Specifies the time period during which the agreement remains in effect

6. Exceptions and Permitted Disclosures: Lists circumstances where communications are permitted, such as legal proceedings or regulatory requirements

7. Mutual Obligations: Details the reciprocal nature of the obligations if applicable

8. Remedies for Breach: Outlines the consequences of violating the agreement, including potential damages and injunctive relief

9. Notice Requirements: Specifies how and when parties must notify each other regarding potential violations or concerns

10. Governing Law and Jurisdiction: Establishes that Indian law governs the agreement and specifies the jurisdiction for dispute resolution

Optional Sections

1. Social Media Policy: Specific provisions regarding social media usage and restrictions, recommended when parties are active on social platforms

2. Severability: Clause ensuring that if any provision is found invalid, the rest of the agreement remains enforceable

3. Alternative Dispute Resolution: Provisions for mediation or arbitration before court proceedings, recommended for complex business relationships

4. Survival Clause: Specifies which obligations continue after the agreement's termination, recommended for long-term business relationships

5. Third Party Rights: Addresses whether related entities or individuals are covered by the agreement, useful in corporate contexts

6. Integration with Other Agreements: References to and interaction with other agreements between the parties, useful when multiple contracts exist

Suggested Schedules

1. Schedule A - Covered Entities: List of all related entities, subsidiaries, or individuals covered by the agreement

2. Schedule B - Prohibited Communications: Detailed examples of specific types of communications or actions that would constitute disparagement

3. Schedule C - Communication Guidelines: Guidelines for acceptable forms of communication and proper channels for raising concerns

4. Appendix 1 - Acknowledgment Form: Form to be signed by relevant parties acknowledging understanding of the agreement terms

Authors

Alex Denne

Head of Growth (Open Source Law) @ ¶¶Òõ¶ÌÊÓƵ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

alex.den.21@genieai.co
Relevant legal definitions






























Clauses

























Relevant Industries

Information Technology

Banking and Financial Services

Professional Services

Healthcare

Manufacturing

Media and Entertainment

Education

Retail

Telecommunications

Consulting

Relevant Teams

Human Resources

Legal

Executive Leadership

Corporate Communications

Public Relations

Operations

Administration

Employee Relations

Compliance

Risk Management

Relevant Roles

Chief Executive Officer

Human Resources Director

Legal Counsel

Department Head

Senior Manager

Executive Director

Board Member

Operations Manager

Project Manager

Department Supervisor

Communications Director

Public Relations Manager

Senior Executive

Regional Manager

Managing Director

Industries






Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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