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Non Solicitation Agreement Between Two Companies
"I need a Non Solicitation Agreement Between Two Companies for my IT consulting firm and a client company, preventing either party from hiring each other's employees or approaching clients for 24 months after our project ends in March 2025, with specific focus on protecting our senior developers and project managers."
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
3. Definitions: Key terms used throughout the agreement, including 'Confidential Information', 'Restricted Period', 'Restricted Persons', etc.
4. Non-Solicitation Obligations: Core restrictions regarding employees, clients, suppliers, and business opportunities
5. Duration and Geographic Scope: Time period and territorial limits of the non-solicitation obligations
6. Exceptions and Permitted Activities: Specific circumstances where the restrictions do not apply
7. Consideration: The benefit or value exchanged between parties to make the agreement binding
8. Remedies and Enforcement: Legal remedies available in case of breach, including injunctive relief
9. Severability: Provision ensuring remainder of agreement stays valid if any part is found unenforceable
10. Governing Law and Jurisdiction: Specification of South African law and courts having jurisdiction
11. Entire Agreement: Confirmation that this document represents the complete agreement between parties
1. Mutual vs. Unilateral Obligations: Used when restrictions apply to only one party or differently to each party
2. Industry-Specific Provisions: Additional provisions required for regulated industries or specific sectors
3. Group Company Provisions: Extended provisions covering affiliated companies and subsidiaries
4. Non-Circumvention: Additional provisions preventing indirect solicitation through third parties
5. Survival Clause: Specifying which provisions continue after agreement termination
6. Alternative Dispute Resolution: Procedures for mediation or arbitration before court proceedings
1. Schedule 1: Restricted Persons: List of specific employees, clients, or suppliers covered by the agreement
2. Schedule 2: Restricted Territory: Detailed description or map of geographic areas covered by restrictions
3. Schedule 3: Competitor List: If applicable, specific competitors or types of businesses covered
4. Appendix A: Consideration Details: Detailed breakdown of any financial or other consideration provided
5. Appendix B: Notice Requirements: Specific procedures and contact details for formal notices between parties
Authors
Information Technology
Professional Services
Financial Services
Management Consulting
Healthcare
Engineering
Research and Development
Telecommunications
Legal Services
Recruitment and HR Services
Legal
Human Resources
Executive Leadership
Compliance
Business Development
Risk Management
Commercial Operations
Corporate Affairs
Talent Acquisition
Partnership Management
Chief Executive Officer
Managing Director
Legal Counsel
HR Director
Business Development Manager
Chief Operating Officer
Compliance Officer
Risk Manager
Commercial Director
Partnership Manager
Contracts Manager
Chief Legal Officer
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