This document is essential for businesses in New Zealand that engage subcontractors and need to protect their business relationships and workforce stability. A Subcontractor Non-Solicitation Agreement is particularly important in industries with specialized skills or significant contractor engagement, where the risk of solicitation could substantially impact business operations. The agreement typically includes defined restriction periods, specific prohibited activities, and clear enforcement mechanisms. It must comply with New Zealand contract law principles, ensuring restrictions are reasonable and protect legitimate business interests while not unduly limiting competition or trade. The document is commonly used when engaging new subcontractors or updating existing contractor relationships to include additional protections.
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1. Parties: Identifies and defines the contracting parties - typically the main contractor and subcontractor
2. Background: Sets out the context of the agreement, nature of the business relationship, and legitimate business interests being protected
3. Definitions: Defines key terms including 'solicitation', 'protected relationships', 'restricted period', and other relevant terms
4. Term and Duration: Specifies when the agreement takes effect and the duration of the non-solicitation obligations
5. Non-Solicitation Obligations: Details the specific restrictions on soliciting employees, contractors, clients, and suppliers
6. Exceptions and Permitted Activities: Specifies activities that are explicitly allowed and do not constitute breach of the agreement
7. Acknowledgments: Contains subcontractor's acknowledgments regarding reasonableness of restrictions and receipt of consideration
8. Remedies: Outlines available remedies in case of breach, including injunctive relief and damages
9. General Provisions: Standard contract clauses including governing law, entire agreement, and amendment procedures
1. Confidentiality Obligations: Additional provisions protecting confidential information, used when sensitive information will be shared
2. Geographic Scope: Defines territorial limits of restrictions, included when business operates in specific regions
3. Assignment and Delegation: Provisions regarding transfer of rights, included for larger business relationships
4. Dispute Resolution: Specific dispute resolution procedures, included for high-value or complex relationships
5. Survival Clause: Specifies which provisions survive termination, used in complex business relationships
6. Independent Contractor Confirmation: Explicitly confirms independent contractor status, used when relationship classification needs emphasis
1. Schedule 1 - Protected Relationships: List of specific clients, employees, or contractors covered by non-solicitation provisions
2. Schedule 2 - Restricted Activities: Detailed description of specifically prohibited solicitation activities
3. Schedule 3 - Territory: Detailed description of geographic areas where restrictions apply
4. Appendix A - Consideration: Details of consideration provided in exchange for non-solicitation commitments
5. Appendix B - Disclosure Form: Form for disclosing pre-existing relationships or commitments that might affect obligations
Relevant legal definitions
Clauses
Relevant Industries
Construction
Information Technology
Professional Services
Engineering
Manufacturing
Healthcare
Consulting
Software Development
Mining
Telecommunications
Energy
Infrastructure
Relevant Teams
Legal
Human Resources
Procurement
Operations
Risk and Compliance
Commercial
Business Development
Project Management
Executive Leadership
Relevant Roles
Legal Counsel
HR Director
Procurement Manager
Project Manager
Operations Director
Contract Manager
Business Development Manager
Chief Operating Officer
Risk Manager
Compliance Officer
General Manager
Commercial Director
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