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Non Compete In Severance Agreement
"I need a Non-Compete in Severance Agreement for our departing Chief Technology Officer who will be leaving on March 1, 2025, with specific focus on protecting our AI technology development and client relationships in the Benelux region."
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 termination
3. Definitions: Key terms used throughout the agreement, including 'Competitive Activities', 'Territory', and 'Restricted Period'
4. Termination of Employment: Formal confirmation of employment termination date and circumstances
5. Severance Payment: Details of the severance amount, calculation method, and payment terms
6. Non-Compete Obligations: Specific restrictions on competitive activities, including scope, duration, and geographical limitations
7. Non-Solicitation: Restrictions on soliciting employees, customers, or business relations
8. Consideration: Specific compensation for the non-compete restrictions, as required under Dutch law
9. Confidentiality: Ongoing obligations regarding confidential information and trade secrets
10. Return of Company Property: Requirements for returning all company assets and information
11. Tax Implications: Statement on tax treatment of payments and responsibilities
12. Enforcement and Penalties: Consequences of breach and enforcement mechanisms
13. Governing Law: Confirmation of Dutch law application and jurisdiction
14. Signatures: Execution blocks for all parties
1. Garden Leave: Include when there is a period of paid leave before termination takes effect
2. International Scope: Include when the employee has worked internationally or the company has international operations
3. Training Compensation: Include when recovering costs of specific training provided to the employee
4. Stock Options/Benefits: Include when addressing treatment of outstanding equity or benefits
5. Reference Provision: Include when agreeing on the content and format of future employment references
6. Mutual Non-Disparagement: Include when both parties agree not to make negative statements about each other
7. Cooperation in Transition: Include when specific handover duties are required
1. Schedule A - Severance Calculation: Detailed breakdown of severance payment calculation
2. Schedule B - Restricted Territory: Detailed description or map of geographical restrictions
3. Schedule C - Competitive Business Activities: Detailed list of prohibited activities and competitor definitions
4. Schedule D - Company Property Checklist: List of items to be returned to the company
5. Appendix 1 - Prior Inventions: List of employee's pre-existing intellectual property rights
6. Appendix 2 - Outstanding Benefits: Details of any continuing or terminating benefits
Authors
Technology
Financial Services
Professional Services
Manufacturing
Pharmaceuticals
Consulting
Retail
Healthcare
Software Development
Telecommunications
Research and Development
Energy
Legal Services
Marketing and Advertising
Human Resources
Legal
Executive Leadership
Sales
Business Development
Research and Development
Product Development
Client Services
Operations
Finance
Information Technology
Marketing
Chief Executive Officer
Chief Technology Officer
Sales Director
Senior Software Engineer
Account Manager
Business Development Manager
Research Scientist
Product Manager
Financial Controller
Managing Director
Head of Operations
Senior Consultant
Technical Lead
Regional Manager
Marketing Director
Client Relations Manager
Department Head
Vice President
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