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Waiving Non Compete Agreement Template for Germany

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Key Requirements PROMPT example:

Waiving Non Compete Agreement

"I need a Waiving Non-Compete Agreement under German law for our departing Chief Technology Officer, who is leaving amicably to join a non-competing industry, with immediate release from all non-compete obligations while maintaining standard confidentiality provisions."

Document background
The Waiving Non-Compete Agreement is a crucial document used in German employment contexts when an employer decides to release an employee from their post-contractual non-compete obligations. This situation commonly arises during amicable separations, corporate restructuring, or when the protected business interests no longer require enforcement of the non-compete provisions. The document must carefully address the requirements of German labor law, particularly regarding the waiver of °­²¹°ù±ð²Ô³ú±ð²Ô³Ù²õ³¦³óä»å¾±²µ³Ü²Ô²µ (compensation for non-compete period) and any continuing confidentiality obligations. It's essential when companies want to remove restrictions on an employee's future employment opportunities while protecting legitimate business interests that should survive the waiver.
Suggested Sections

1. Parties: Identification of the employer and employee, including full legal names and addresses

2. Background: Reference to the original employment agreement, non-compete clause, and the circumstances leading to this waiver

3. Definitions: Key terms used in the agreement, including reference to the Original Agreement, Non-Compete Obligations, and Effective Date

4. Waiver Declaration: Clear and unequivocal statement waiving the non-compete obligations

5. Effective Date: Specification of when the waiver takes effect

6. Return of Compensation: Provisions regarding any return or cessation of non-compete compensation (°­²¹°ù±ð²Ô³ú±ð²Ô³Ù²õ³¦³óä»å¾±²µ³Ü²Ô²µ)

7. Surviving Obligations: Specification of any obligations that survive this waiver, such as confidentiality

8. Governing Law: Confirmation of German law as the governing law

9. Signatures: Execution block for both parties

Optional Sections

1. Consideration: Include when there is specific consideration being provided for the waiver

2. Partial Waiver Provisions: Include when only certain aspects of the non-compete are being waived while others remain in force

3. Third Party Rights: Include when there are affiliated companies or third parties affected by the waiver

4. Mutual Releases: Include when both parties are releasing each other from related obligations

5. Geographic Scope: Include when the waiver applies differently to different geographic regions

Suggested Schedules

1. Original Non-Compete Agreement: Copy or extract of the original non-compete provisions being waived

2. List of Competing Activities: If applicable, specific list of activities now permitted under the waiver

3. Calculation of Final Compensation: If applicable, detailed calculation of any final non-compete compensation payments or returns

Authors

Alex Denne

Head of Growth (Open Source Law) @ tiktok³ÉÈ˰æ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Relevant legal definitions




















Clauses




















Relevant Industries

Technology

Financial Services

Professional Services

Manufacturing

Pharmaceuticals

Biotechnology

Software Development

Management Consulting

Research and Development

Industrial Engineering

Telecommunications

Consumer Electronics

Relevant Teams

Human Resources

Legal

Executive Management

Compliance

Corporate Development

Industrial Relations

Employment Law

Labor Relations

Talent Management

Relevant Roles

Chief Executive Officer

Chief Technology Officer

Sales Director

Senior Software Engineer

Research Director

Product Manager

Business Development Manager

Technical Lead

Senior Consultant

Department Head

Regional Manager

Key Account Manager

Chief Financial Officer

Vice President of Operations

Senior Research Scientist

Industries





Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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