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Severance Pay Non Compete Agreement
"I need a Severance Pay Non Compete Agreement for our departing Chief Technology Officer in the fintech sector, with a 12-month restriction period across Australia and New Zealand, including specific provisions for protecting our proprietary trading algorithms and client database."
1. Parties: Identification of the employer and employee, including full legal names and addresses
2. Background: Context of the agreement, including employment history and reason for separation
3. Definitions: Definitions of key terms used throughout the agreement, including 'Restricted Period', 'Restricted Area', 'Competitive Business', etc.
4. Severance Payment: Details of the severance amount, payment schedule, and conditions for payment
5. Non-Compete Obligations: Specific restrictions on competitive activities, including duration and geographical scope
6. Non-Solicitation: Restrictions on soliciting employees, customers, or suppliers
7. Confidentiality: Obligations regarding confidential information and trade secrets
8. Acknowledgments: Employee's acknowledgment of the reasonableness of restrictions and receipt of consideration
9. Return of Company Property: Requirements for returning company assets and information
10. Enforcement and Remedies: Legal remedies available for breach, including injunctive relief
11. General Provisions: Standard clauses including governing law, severability, and entire agreement
1. International Restrictions: Additional provisions for employees with international roles or where restrictions apply across multiple countries
2. Intellectual Property Rights: Specific provisions regarding IP developed during employment and post-employment obligations
3. Garden Leave: Provisions for paid leave during notice period, typically used for senior executives
4. Continuing Obligations: Reference to ongoing obligations from the original employment agreement
5. Tax Considerations: Specific clauses addressing tax treatment of severance payments
6. Outplacement Services: Provisions for career transition support services
7. Release of Claims: Mutual release of potential legal claims between parties
1. Schedule A - Severance Payment Calculation: Detailed breakdown of severance payment calculation including base salary, benefits, and other components
2. Schedule B - Restricted Territory: Detailed description of geographical areas where non-compete restrictions apply, including maps if applicable
3. Schedule C - Restricted Business Activities: Comprehensive list of specific business activities and roles that are restricted
4. Schedule D - Confidential Information: Detailed list of types of confidential information covered by the agreement
5. Schedule E - Company Customers and Clients: List of protected customer relationships, if applicable
6. Appendix 1 - Acknowledgment Form: Form for employee to acknowledge receipt of severance payment and acceptance of terms
7. Appendix 2 - Property Return Checklist: Checklist of company property to be returned
Authors
Financial Services
Technology
Professional Services
Healthcare
Manufacturing
Telecommunications
Pharmaceuticals
Mining and Resources
Consumer Goods
Management Consulting
Media and Entertainment
Research and Development
Executive Leadership
Sales
Business Development
Research and Development
Product Development
Technical Operations
Client Services
Professional Services
Strategic Planning
Corporate Development
Chief Executive Officer
Chief Financial Officer
Chief Technology Officer
Senior Vice President
Managing Director
Senior Sales Executive
Technical Director
Head of Research
Regional Manager
Senior Account Manager
Principal Consultant
Head of Business Development
Chief Operating Officer
Senior Engineer
Product Development Manager
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