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Non Solicitation Agreement Between Two Companies

Non Solicitation Agreement Between Two Companies Template for Netherlands

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Key Requirements PROMPT example:

Non Solicitation Agreement Between Two Companies

"I need a Non Solicitation Agreement Between Two Companies for a tech consultancy firm and a client company, preventing either party from hiring each other's employees until January 2025, with specific focus on protecting software developers and project managers."

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Document background
The Non Solicitation Agreement Between Two Companies is a crucial legal instrument used in the Netherlands when businesses wish to protect their workforce, client relationships, and business partnerships from solicitation by another company. This document is particularly relevant in situations such as business collaborations, joint ventures, service provider relationships, or when companies share sensitive information or resources. The agreement must carefully balance the protection of legitimate business interests with Dutch and EU competition law requirements, ensuring that restrictions are reasonable in scope, duration, and geographic coverage. It typically includes detailed definitions of prohibited activities, specific protections for identified individuals or entities, and clear enforcement mechanisms. The document is designed to comply with Dutch legal requirements while providing practical and enforceable protections for the involved parties.
Suggested Sections

1. Parties: Identification and details of the two companies entering into the agreement

2. Background: Context of the agreement, including the business relationship between the parties and reason for the non-solicitation arrangement

3. Definitions: Key terms used in the agreement, including 'solicitation', 'protected persons', 'restricted period', and 'confidential information'

4. Scope of Non-Solicitation: Detailed provisions of what activities are prohibited, including employee solicitation, customer solicitation, and supplier relationships

5. Duration and Territory: Specific timeframe for the restrictions and geographical scope of the agreement

6. Exceptions and Permitted Activities: Activities that are explicitly allowed despite the non-solicitation provisions

7. Confidentiality Obligations: Provisions regarding the handling and protection of confidential information exchanged between parties

8. Remedies and Enforcement: Consequences of breach, including any liquidated damages and enforcement mechanisms

9. General Provisions: Standard clauses including governing law, jurisdiction, entire agreement, and amendments

10. Execution: Signature blocks and execution requirements

Optional Sections

1. Mutual Non-Solicitation: Used when both parties agree to reciprocal non-solicitation obligations (vs. one-way restrictions)

2. Garden Leave Provisions: Include when dealing with senior employees or key personnel transitions

3. Special Customer Relationships: Used when certain customer relationships require specific protection or different treatment

4. Group Company Provisions: Include when agreement needs to cover affiliated companies or group entities

5. Non-Competition Provisions: Added when broader competition restrictions are needed beyond non-solicitation

6. Survival Clauses: Specific provisions about which obligations continue after termination of any related agreements

Suggested Schedules

1. Schedule 1: Protected Persons: List of specific employees, customers, or suppliers covered by the non-solicitation provisions

2. Schedule 2: Restricted Territory: Detailed description or map of the geographical area covered by the agreement

3. Schedule 3: Excluded Activities: List of specific activities that are explicitly permitted under the agreement

4. Appendix A: Notice Requirements: Detailed procedures for providing notices under the agreement

5. Appendix B: Liquidated Damages Calculator: Formula or methodology for calculating damages in case of breach

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

Professional Services

Financial Services

Management Consulting

Healthcare

Telecommunications

Manufacturing

Research and Development

Recruitment and Staffing

Engineering

Biotechnology

Legal Services

Relevant Teams

Legal

Human Resources

Executive Leadership

Business Development

Procurement

Compliance

Commercial Operations

Risk Management

Talent Acquisition

Corporate Development

Relevant Roles

Chief Executive Officer

Human Resources Director

Legal Counsel

Chief Legal Officer

Business Development Manager

Managing Director

Chief Operating Officer

Procurement Manager

Contract Manager

Human Resources Manager

Talent Acquisition Manager

Partnership Manager

Commercial Director

Chief Financial Officer

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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