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Non Disparagement Agreement
I need a Non Disparagement Agreement for a senior executive leaving our tech company in March 2025, with specific provisions for social media restrictions and protection of our intellectual property.
1. Parties: Identifies and provides full details of all parties entering into the agreement
2. Background: Explains the context and circumstances leading to the agreement
3. Definitions: Defines key terms used throughout the agreement, including what constitutes 'disparagement'
4. Scope of Non-Disparagement: Detailed description of prohibited conduct and communications
5. Mutual Obligations: Outlines the reciprocal commitments of all parties to refrain from disparaging behavior
6. Duration: Specifies how long the non-disparagement obligations remain in effect
7. Exceptions: Lists permitted communications such as truthful testimony in legal proceedings or required regulatory disclosures
8. Breach and Remedies: Describes what constitutes a breach and the consequences, including available legal remedies
9. Confidentiality: Establishes the confidential nature of the agreement itself
10. Governing Law: Specifies Danish law as governing law and jurisdiction for disputes
11. Entire Agreement: Standard clause confirming this document represents the complete agreement between parties
1. Social Media Provisions: Specific rules regarding social media posts and online communications - include when parties are active on social media
2. Third Party Obligations: Extends obligations to related parties like family members, employees, or affiliated companies - include when there's risk of indirect disparagement
3. Severability: Ensures remaining provisions stay valid if any part is found unenforceable - include in complex agreements
4. Return of Materials: Requirements for returning or destroying materials that could be used for disparagement - include in cases involving sensitive materials
5. Survival: Specifies which obligations continue after agreement termination - include when agreement is tied to another agreement
6. Public Statements: Approved language for any public statements about the relationship - include in high-profile cases
7. Dispute Resolution: Alternative dispute resolution procedures - include when parties prefer mediation before litigation
1. Appendix A - Affiliated Parties: List of additional parties covered by the agreement (e.g., subsidiaries, related companies, specific employees)
2. Appendix B - Approved Public Statements: Pre-approved language for any public communications about the relationship or separation
3. Appendix C - Prohibited Topics: Specific list of subjects or matters that are explicitly prohibited from discussion
4. Appendix D - Communication Channels: List of specific platforms or channels where non-disparagement obligations apply
Authors
Confidential Information
Disparagement
Disparaging Statement
Effective Date
Group Companies
Parties
Permitted Disclosures
Protected Parties
Public Statement
Representatives
Social Media
Term
Third Party
Affiliated Entities
Communication Channels
Company Property
Intellectual Property
Material Breach
Professional Relationship
Restricted Period
Trade Secrets
Working Day
Definitions
Non-Disparagement Obligations
Mutual Obligations
Duration
Confidentiality
Exceptions and Permitted Disclosures
Social Media and Online Communications
Third Party Obligations
Breach and Remedies
Enforcement
Governing Law
Jurisdiction
Entire Agreement
Severability
Survival
Public Statements
Notice
Assignment
Amendment
Waiver
Force Majeure
Counterparts
Costs
Technology
Financial Services
Professional Services
Healthcare
Media and Entertainment
Retail
Manufacturing
Education
Telecommunications
Consulting
Pharmaceuticals
Real Estate
Energy
Consumer Goods
Human Resources
Legal
Executive Leadership
Public Relations
Corporate Communications
Sales
Business Development
Operations
Marketing
Client Services
Finance
Administration
Chief Executive Officer
Human Resources Director
Chief Financial Officer
Managing Director
Board Member
Department Head
Senior Manager
Executive Director
Communications Director
Public Relations Manager
Sales Director
Legal Counsel
Operations Manager
Project Manager
Senior Consultant
Chief Marketing Officer
Business Development Director
Account Manager
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