The Letter of Non-Solicitation serves as a critical business protection tool in the Austrian legal context, typically utilized when business relationships conclude or key employees depart. This document type is particularly relevant in situations where there's a need to protect client relationships, employee relationships, or other business interests from solicitation by former employees, business partners, or competitors. The letter, governed by Austrian law, must carefully balance the protection of legitimate business interests with fair competition principles established under the Austrian Civil Code (ABGB) and the Act Against Unfair Competition (UWG). It typically includes specific provisions about who cannot be solicited, the duration of restrictions, and geographical limitations, all while ensuring compliance with Austrian employment and competition regulations.
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1. Sender Details: Full legal name and address of the sending party
2. Recipient Details: Full legal name and address of the receiving party
3. Date: Date of the letter
4. Subject Line: Clear identification as a Non-Solicitation Letter
5. Opening Salutation: Formal greeting to the recipient
6. Context and Background: Brief explanation of the business relationship and reason for the non-solicitation letter
7. Non-Solicitation Terms: Clear statement of the specific activities that are prohibited, including customer, employee, and business relationship non-solicitation provisions
8. Duration: Specific timeframe for which the non-solicitation obligations will remain in effect
9. Geographic Scope: Clear definition of the geographical area where the non-solicitation applies
10. Acknowledgment Request: Request for acknowledgment and agreement to the terms
11. Closing: Formal closing and signature block
1. Confidentiality Statement: Additional clause regarding confidentiality of the arrangement, used when sensitive business information is involved
2. Remedies: Specific mention of legal remedies in case of breach, included when stronger enforcement provisions are desired
3. Governing Law Statement: Explicit statement about Austrian law governance, used in cases where there might be international elements
4. Return Receipt: Request for signed copy return, used when formal acknowledgment is required
5. Existing Obligations Reference: Reference to any existing agreements or obligations, used when this letter supplements other contracts
1. Acknowledgment Form: Optional form for the recipient to sign and return confirming receipt and agreement
2. List of Restricted Clients: If applicable, a specific list of clients or customers covered by the non-solicitation terms
3. Defined Territory Map: If geographical restrictions are complex, a map or detailed description of the restricted territory
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