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Non Compete Agreement After Resignation Template for New Zealand

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Key Requirements PROMPT example:

Non Compete Agreement After Resignation

"I need a Non-Compete Agreement After Resignation for our departing Chief Technology Officer who has access to sensitive AI development projects and customer data, with restrictions covering the Asia-Pacific region for 12 months from their planned resignation date of March 1, 2025."

Document background
This Non-Compete Agreement After Resignation is designed for use in New Zealand business contexts where protecting company interests post-employment is crucial. It is typically implemented when an employee with access to sensitive information, valuable client relationships, or trade secrets resigns from their position. The document outlines specific restrictions on competitive activities, customer and employee solicitation, and the use of confidential information, all within parameters considered reasonable under New Zealand law. The agreement must balance the employer's need to protect legitimate business interests with the employee's right to earn a living, ensuring compliance with the Employment Relations Act 2000 and relevant case law. It is particularly important for senior positions, specialized technical roles, or situations where the employee has had significant access to proprietary information or customer relationships.
Suggested Sections

1. Parties: Identification of the employer and the employee entering into the agreement

2. Background: Context of the agreement, including the employee's former position and access to confidential information

3. Definitions: Key terms used in the agreement including 'Confidential Information', 'Competitive Activity', 'Restricted Period', and 'Restricted Territory'

4. Acknowledgments: Employee's acknowledgment of receiving confidential information and the reasonableness of restrictions

5. Non-Compete Obligations: Specific restrictions on competitive activities, including duration and geographic scope

6. Non-Solicitation of Customers: Restrictions on approaching or dealing with company customers

7. Non-Solicitation of Employees: Restrictions on recruiting or hiring company employees

8. Confidentiality Obligations: Ongoing obligations regarding confidential information

9. Consideration: The consideration provided in exchange for the restrictions

10. Duration and Territory: Specific timeframe and geographic area of restrictions

11. Breach and Remedies: Consequences of breach and available remedies

12. Severability: Provision for partial enforcement if any clause is found invalid

13. Governing Law: Specification of New Zealand law as governing law

14. Execution: Signature blocks and execution requirements

Optional Sections

1. Garden Leave: Optional provisions regarding paid leave during notice period - include when specific cooling-off period is required

2. Return of Property: Detailed provisions about company property return - include when significant company assets are involved

3. Independent Legal Advice: Acknowledgment of receiving independent legal advice - include for more senior employees or complex restrictions

4. Survival of Obligations: Specification of which obligations survive termination - include when multiple post-employment obligations exist

5. Dispute Resolution: Alternative dispute resolution procedures - include when parties prefer mediation before litigation

6. Variation: Process for modifying the agreement - include when flexibility might be needed

Suggested Schedules

1. Schedule 1: Restricted Territory: Detailed description of geographic areas where restrictions apply, including maps if necessary

2. Schedule 2: Restricted Customers: List of specific customers or customer categories covered by restrictions

3. Schedule 3: Confidential Information: Detailed list of types of confidential information covered

4. Appendix A: Employee's Former Position Details: Details of employee's role, responsibilities, and access to confidential information

5. Appendix B: Consideration Details: Detailed breakdown of any financial or other consideration provided

Authors

Alex Denne

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

Relevant legal definitions





















Clauses

























Relevant Industries

Technology

Professional Services

Financial Services

Healthcare

Manufacturing

Retail

Consulting

Pharmaceuticals

Telecommunications

Research and Development

Media and Entertainment

Software Development

Biotechnology

Engineering

Relevant Teams

Executive Leadership

Sales

Research and Development

Information Technology

Client Services

Product Development

Business Development

Operations

Finance

Human Resources

Engineering

Marketing

Legal

Strategy

Relevant Roles

Chief Executive Officer

Senior Manager

Sales Director

Technical Lead

Research Scientist

Software Engineer

Account Manager

Product Manager

Business Development Manager

Chief Technology Officer

Financial Controller

Operations Manager

Senior Consultant

Regional Manager

Head of Department

Senior Developer

Client Relations Manager

Strategic Planning 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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