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Non Solicitation Agreement
"I need a Non-Solicitation Agreement under Austrian law for a departing senior sales executive, preventing them from soliciting our key clients and sales team members for 12 months starting March 2025, with specific focus on the pharmaceutical industry in Vienna."
1. Parties: Identification of the contracting parties, including full legal names and addresses
2. Background: Context of the agreement, relationship between parties, and purpose of the non-solicitation provisions
3. Definitions: Definitions of key terms including 'Solicitation', 'Restricted Persons', 'Restricted Period', and other relevant terms
4. Non-Solicitation Obligations: Core restrictions regarding solicitation of employees, customers, and business partners
5. Duration and Geographic Scope: Temporal and territorial limits of the non-solicitation obligations
6. Exceptions and Permitted Activities: Specific activities that are permitted despite the general restrictions
7. Consideration: The consideration provided in exchange for the non-solicitation commitments
8. Remedies: Legal remedies available in case of breach, including injunctive relief and damages
9. Severability: Provisions for maintaining validity of remaining clauses if any clause is found unenforceable
10. Governing Law and Jurisdiction: Specification of Austrian law as governing law and jurisdiction for disputes
11. Entire Agreement: Confirmation that this document represents the complete agreement between parties
1. Group Company Provisions: Additional provisions covering affiliated companies and subsidiaries of the parties
2. Industry-Specific Restrictions: Additional restrictions specific to particular industries or sectors
3. Garden Leave: Provisions regarding garden leave periods and their interaction with non-solicitation obligations
4. Training and Investment Protection: Additional provisions protecting specific training investments made in employees
5. International Application: Specific provisions for cross-border application of the restrictions
6. Alternative Dispute Resolution: Provisions for mediation or arbitration before court proceedings
7. Survivability: Provisions specifying which obligations survive termination of any related agreements
1. Schedule 1 - Restricted Persons: List of specific employees, customers, or business partners covered by the non-solicitation provisions
2. Schedule 2 - Restricted Activities: Detailed description of specific activities that constitute prohibited solicitation
3. Schedule 3 - Territory: Detailed definition of the geographic areas where restrictions apply
4. Schedule 4 - Consideration Details: Detailed breakdown of any financial or other consideration provided
5. Appendix A - Notice Requirements: Specific requirements for giving notice under the agreement
Authors
Affiliate
Business Partner
Confidential Information
Customer
Direct Solicitation
Effective Date
Employee
Group Company
Indirect Solicitation
Key Personnel
Material Customer
Notice
Permitted Purpose
Prospective Customer
Protected Business
Restricted Activity
Restricted Period
Restricted Person
Restricted Territory
Services
Solicitation
Subsidiary
Substantial Customer
Term
Territory
Trade Secrets
Working Day
Interpretation
Duration
Non-Solicitation of Employees
Non-Solicitation of Customers
Non-Solicitation of Business Partners
Permitted Activities
Geographic Scope
Consideration
Reasonableness
Remedies
Injunctive Relief
Severability
Assignment
Notices
Entire Agreement
Governing Law
Jurisdiction
Amendments
Waiver
Third Party Rights
Costs
Counterparts
Force Majeure
Confidentiality
Survival
Information Technology
Professional Services
Financial Services
Management Consulting
Healthcare
Pharmaceuticals
Engineering
Sales and Marketing
Telecommunications
Research and Development
Legal Services
Executive Search and Recruitment
Human Resources
Legal
Executive Leadership
Sales
Business Development
Compliance
Finance
Operations
Recruitment
Account Management
Chief Executive Officer
Human Resources Director
Legal Counsel
Chief Financial Officer
Business Development Manager
Sales Director
Account Manager
Department Head
Managing Director
Regional Manager
Recruitment Manager
Compliance Officer
Partner
Senior Consultant
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