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1. Parties: Identification of the employer and employee/contractor, including full legal names and addresses
2. Background: Context of the employment/business relationship and reason for the non-compete agreement
3. Definitions: Key terms including 'Competitive Activity', 'Restricted Territory', 'Restricted Period', and 'Confidential Information'
4. Scope of Non-Compete: Detailed description of prohibited competitive activities, aligned with §74a HGB requirements for reasonable restriction
5. Duration and Territory: Specification of the non-compete period (max 2 years under German law) and geographical scope
6. Compensation: Mandatory compensation details (minimum 50% of last contractual benefits) as required by §74 HGB
7. Employee Obligations: Specific duties during the restricted period, including reporting requirements and disclosure obligations
8. Employer Rights: Employer's rights regarding waiver of non-compete and monitoring compliance
9. Breach and Remedies: Consequences of breach, including contractual penalties (if applicable) and injunctive relief
10. General Provisions: Standard clauses including severability, governing law, and jurisdiction
1. Garden Leave: Used when the employer wishes to include provisions for paid leave during notice period
2. Customer Non-Solicitation: Additional restrictions on customer contact, when employee had significant customer relationships
3. Employee Non-Solicitation: Restrictions on hiring former colleagues, when employee had management responsibilities
4. Intellectual Property Protection: Additional IP provisions when employee had access to significant technical information
5. International Scope: Required when non-compete needs to cover multiple jurisdictions
6. Training Compensation: Included when employer provided specialized training requiring protection
7. Post-Term Cooperation: Provisions for assistance in transition or litigation after departure
1. Schedule 1: Compensation Calculation: Detailed breakdown of compensation calculation and payment schedule
2. Schedule 2: Restricted Activities: Specific list of prohibited activities and competitors
3. Schedule 3: Restricted Territory: Detailed definition of geographical restrictions with specific regions/countries
4. Appendix A: Notification Form: Template for employee to report new employment opportunities during restricted period
5. Appendix B: Acknowledgment Form: Employee's acknowledgment of obligations and receipt of compensation details
Competitive Activity
Competing Business
Compensation
Confidential Information
Customer
Effective Date
Group Company
Intellectual Property Rights
Last Contractual Benefits
Material Interest
Notice Period
Parent Company
Prohibited Territory
Restricted Business
Restricted Period
Restricted Territory
Subsidiary
Trade Secrets
Termination Date
Working Day
Business Relationships
Key Personnel
Market Area
Professional Services
Protected Information
Company Products
Business Partner
Compensation
Duration
Territorial Scope
Confidentiality
Notice Requirements
Reporting Obligations
Garden Leave
Customer Non-Solicitation
Employee Non-Solicitation
Intellectual Property
Return of Property
Breach and Remedies
Liquidated Damages
Severability
Amendment
Waiver
Assignment
Notices
Entire Agreement
Governing Law
Jurisdiction
Third Party Rights
Acknowledgment
Force Majeure
Interpretation
Technology
Professional Services
Financial Services
Manufacturing
Pharmaceuticals
Biotechnology
Consulting
Software Development
Research and Development
Healthcare
Telecommunications
Engineering
Sales and Distribution
Media and Entertainment
Executive Leadership
Research & Development
Sales
Product Development
Engineering
Customer Success
Business Development
Technical Operations
Professional Services
Marketing
Finance
Strategy
Human Resources
Legal
Chief Executive Officer
Chief Technology Officer
Sales Director
Senior Software Engineer
Research Scientist
Business Development Manager
Product Manager
Technical Lead
Senior Consultant
Account Executive
Regional Manager
Head of Research
Senior Financial Analyst
Operations Director
Chief Marketing Officer
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