Non Solicitation Agreement Template for Austria

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Key Requirements PROMPT example:

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."

Document background
The Non-Solicitation Agreement is essential for protecting business interests in situations where parties have access to valuable employee and customer relationships. This document is particularly relevant in employment terminations, business partnerships, or corporate transactions under Austrian law. It defines specific restrictions on soliciting employees, customers, or business partners, typically including temporal and geographic limitations to ensure compliance with Austrian competition law and employment regulations. The agreement balances legitimate business protection with individual rights under Austrian constitutional law, incorporating appropriate consideration and enforcement mechanisms. It's commonly used alongside employment contracts, business sale agreements, or partnership arrangements to protect against unfair competition and maintain business stability.
Suggested Sections

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

Optional Sections

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

Suggested Schedules

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

Alex Denne

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

Relevant Industries

Information Technology

Professional Services

Financial Services

Management Consulting

Healthcare

Pharmaceuticals

Engineering

Sales and Marketing

Telecommunications

Research and Development

Legal Services

Executive Search and Recruitment

Relevant Teams

Human Resources

Legal

Executive Leadership

Sales

Business Development

Compliance

Finance

Operations

Recruitment

Account Management

Relevant Roles

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

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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