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Non Compete Agreement After Resignation
"I need a Non Compete Agreement After Resignation for our departing Chief Technology Officer who will leave on March 1, 2025, including specific restrictions on working with AI technology companies in the DACH region and protection of our machine learning intellectual property."
1. Parties: Identification of the employer and the former employee, including full legal names and addresses
2. Background: Brief context of the employment relationship and circumstances of the resignation
3. Definitions: Key terms used in the agreement, particularly defining 'Competitive Activity', 'Competitive Business', and 'Territory'
4. Duration of Non-Compete: Specification of the non-compete period (maximum 2 years under German law)
5. Scope of Non-Compete: Detailed description of prohibited activities, industries, and geographical limitations
6. Compensation: Details of the mandatory compensation (minimum 50% of last contractual remuneration) and payment terms
7. Reduction of Compensation: Provisions regarding reduction of compensation in case of other employment during the restricted period
8. Confidentiality Obligations: Ongoing obligations regarding confidential information and trade secrets
9. Breach and Penalties: Consequences of breach, including potential contractual penalties (Vertragsstrafe)
10. Governing Law: Specification of German law as governing law and jurisdiction
11. Severability: Standard clause ensuring partial validity if individual provisions are found invalid
1. Customer Non-Solicitation: Additional restrictions on approaching former customers, if applicable to the role
2. Employee Non-Solicitation: Restrictions on recruiting former colleagues, if relevant to the position
3. Early Termination Rights: Employer's right to waive the non-compete obligation with notice
4. Post-Termination Assistance: Provisions for transition assistance or knowledge transfer
5. Return of Property: Specific provisions about company property return, if not covered in main employment termination
6. Garden Leave Credits: Treatment of any garden leave period in relation to the non-compete period
7. Special Industry Regulations: Additional provisions required for regulated industries or professions
1. Schedule 1 - Competitive Business Definition: Detailed list of specific competitors, products, or services considered competitive
2. Schedule 2 - Territorial Scope: Detailed maps or lists of geographical areas covered by the restriction
3. Schedule 3 - Compensation Calculation: Detailed breakdown of the compensation calculation, including base salary, bonuses, and benefits
4. Appendix A - Last Employment Contract: Reference copy of relevant sections from the last employment contract
5. Appendix B - Acknowledgment Form: Form for periodic acknowledgment of compliance with non-compete obligations
Authors
Technology & Software
Financial Services
Professional Services
Manufacturing
Pharmaceuticals & Healthcare
Telecommunications
Management Consulting
Research & Development
Consumer Goods
Industrial Engineering
Chemical Industry
Biotechnology
E-commerce
Digital Marketing
Investment Banking
Executive Leadership
Research & Development
Sales
Business Development
Product Development
Information Technology
Marketing
Finance
Operations
Strategy
Client Services
Engineering
Investment Banking
Human Resources
Legal
Chief Executive Officer
Chief Technology Officer
Senior Software Engineer
Sales Director
Business Development Manager
Research Scientist
Product Manager
Financial Controller
Management Consultant
Technical Lead
Head of Marketing
Senior Account Manager
Investment Banker
Operations Director
Chief Financial Officer
Head of Research
Regional Sales Manager
Senior Strategy Consultant
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