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Non Disparage Agreement
"I need a mutual Non Disparage Agreement between our technology company and a departing senior executive, effective from March 1, 2025, with specific provisions for protecting company intellectual property and preventing negative statements on professional networking platforms."
1. Parties: Identification of all parties entering into the agreement
2. Background: Context of the agreement and relationship between the parties
3. Definitions: Key terms used in the agreement, including what constitutes 'disparagement'
4. Scope of Non-Disparagement: Detailed description of prohibited statements and communications
5. Duration: Time period during which the non-disparagement obligations remain in effect
6. Permitted Disclosures: Exceptions where statements are allowed (e.g., legal proceedings, regulatory requirements)
7. Confidentiality: Requirements regarding confidential information handling
8. Breach and Remedies: Consequences of violating the agreement and available remedies
9. General Provisions: Standard contractual terms including governing law, jurisdiction, and entire agreement
1. Mutual Obligations: Used when both parties agree to reciprocal non-disparagement obligations
2. Social Media Guidelines: Include when specific social media restrictions need to be addressed
3. Third Party Coverage: Used when the agreement needs to extend to affiliated parties or entities
4. Return of Materials: Include when there are physical or digital materials that need to be returned or destroyed
5. Mediation Clause: Optional dispute resolution process before legal proceedings
6. Severability: Include when agreement needs to ensure partial enforceability if certain provisions are found invalid
7. Survival Clause: Used when certain obligations need to survive termination of related agreements
1. Schedule A - Prohibited Communication Examples: List of specific types of communications or statements that are prohibited
2. Schedule B - Covered Platforms and Venues: Detailed list of communication platforms where restrictions apply
3. Schedule C - Related Parties: List of additional parties covered by the agreement (if applicable)
4. Appendix 1 - Communication Guidelines: Guidelines for acceptable forms of communication about the other party
5. Appendix 2 - Complaint Procedure: Process for reporting and addressing potential breaches
Authors
Technology
Financial Services
Professional Services
Healthcare
Media and Entertainment
Retail
Manufacturing
Education
Telecommunications
Mining
Energy
Legal Services
Consulting
Real Estate
Hospitality
Human Resources
Legal
Executive Leadership
Corporate Communications
Public Relations
Operations
Administration
Board of Directors
Employee Relations
Compliance
Risk Management
Chief Executive Officer
Human Resources Director
Legal Counsel
Managing Director
Department Head
Senior Manager
Executive Director
Board Member
Operations Manager
Project Manager
Business Development Manager
Chief Financial Officer
Communications Director
Regional Manager
General Manager
Chief Operating Officer
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