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1. Parties: Identification of all business partners entering into the agreement, including their full legal names, business addresses, and registration details
2. Background: Context of the business relationship and reasons for entering into the non-compete agreement
3. Definitions: Clear definitions of key terms used in the agreement, including 'Competitive Activity', 'Confidential Information', 'Territory', and 'Restricted Period'
4. Scope of Non-Compete: Detailed description of prohibited competitive activities, including specific business areas, industries, and types of work
5. Geographic Limitations: Clear definition of the territorial scope where the non-compete restrictions apply
6. Duration: Specification of the time period during which the non-compete obligations remain in effect
7. Consideration: Description of the mutual benefits or compensation provided in exchange for the non-compete obligations
8. Exceptions: Specific activities or circumstances that are explicitly permitted despite the non-compete restrictions
9. Confidentiality Obligations: Requirements regarding the protection and non-disclosure of confidential information
10. Breach and Remedies: Consequences of violating the agreement and available legal remedies
11. Governing Law and Jurisdiction: Specification of German law as governing law and designation of competent courts
12. Severability: Provision ensuring that if any part of the agreement is found invalid, the rest remains in force
1. Post-Partnership Obligations: Specific obligations that continue after the business partnership ends, used when partners anticipate future separation
2. Customer Non-Solicitation: Specific provisions preventing partners from soliciting existing customers, included when customer relationships are particularly valuable
3. Employee Non-Solicitation: Provisions preventing the hiring of employees from the joint business, included when there are significant human resources
4. Monitoring and Reporting: Procedures for monitoring compliance with the agreement, used in complex business relationships
5. Alternative Dispute Resolution: Mediation or arbitration procedures, included when parties prefer to avoid court proceedings
6. Exit Mechanisms: Procedures for terminating the non-compete obligations under specific circumstances, included when flexibility is needed
7. Insurance Requirements: Obligations to maintain specific insurance coverage, included when business activities involve significant risks
1. Schedule 1 - Restricted Activities: Detailed list of specific business activities, products, or services covered by the non-compete provisions
2. Schedule 2 - Territory Map: Visual representation and detailed description of the geographic areas where restrictions apply
3. Schedule 3 - Existing Clients: List of clients or customers specifically covered by non-solicitation provisions
4. Schedule 4 - Consideration Details: Detailed breakdown of any financial compensation or business arrangements forming part of the consideration
5. Appendix A - Compliance Guidelines: Practical guidelines for ensuring compliance with the non-compete obligations
6. Appendix B - Reporting Templates: Standard forms for any required compliance reporting or monitoring
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