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Non Disparagement Agreement
"I need a Non Disparagement Agreement that protects our technology company and its senior executives following the departure of our Chief Technology Officer, with specific provisions for social media and industry conferences, to take effect from March 1, 2025."
1. Parties: Identifies and defines all parties to the agreement, including their legal names, addresses, and any relevant business details
2. Background: Explains the context and circumstances leading to the agreement, including any relevant prior relationships or disputes
3. Definitions: Defines key terms used throughout the agreement, including 'disparagement', 'confidential information', and other relevant terms
4. Non-Disparagement Obligations: Core section detailing the specific obligations of each party regarding non-disparagement, including what constitutes disparagement and prohibited actions
5. Permitted Disclosures: Specifies circumstances where communications are explicitly allowed, such as truthful testimony in legal proceedings or required regulatory disclosures
6. Duration: Specifies how long the non-disparagement obligations remain in effect
7. Remedies: Outlines the consequences of breach and available remedies, including potential liquidated damages
8. General Provisions: Standard contract clauses including governing law, entire agreement, amendments, and notices
1. Mutual Social Media Policy: Include when parties want specific guidelines about social media behavior and posts
2. Confidentiality Obligations: Include when the agreement needs to cover both non-disparagement and confidentiality obligations
3. Third Party Rights: Include when the protection needs to extend to related parties such as officers, directors, or affiliated companies
4. Dispute Resolution: Include when parties want to specify mediation or arbitration processes before litigation
5. Severability: Include when there's a need to ensure that if any provision is found invalid, the rest of the agreement remains enforceable
6. Return of Property: Include in employment-related contexts where physical or digital materials need to be returned
1. Schedule 1: Protected Parties: List of additional individuals or entities covered by the non-disparagement obligations
2. Schedule 2: Specific Prohibited Statements: If applicable, specific examples of statements or actions that would constitute disparagement
3. Schedule 3: Communication Guidelines: Detailed guidelines for acceptable and unacceptable forms of communication, including social media protocols
4. Appendix A: Acknowledgment Form: Form for parties to sign acknowledging their understanding of the obligations
Authors
Professional Services
Technology
Healthcare
Financial Services
Media and Entertainment
Education
Retail
Manufacturing
Construction
Hospitality
Legal Services
Real Estate
Consulting
Human Resources
Legal
Executive Leadership
Board of Directors
Corporate Affairs
Compliance
Risk Management
Corporate Communications
Public Relations
Employee Relations
People Operations
Chief Executive Officer
Human Resources Director
Legal Counsel
Chief Financial Officer
Managing Director
Department Head
Senior Manager
Executive Director
Board Member
Operations Manager
Project Manager
Business Development Manager
Sales Director
Marketing Director
Company Secretary
Compliance Officer
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