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1. Parties: Identification of the employer/company and the employee/individual subject to the non-compete restrictions
2. Background: Context of the agreement, including reference to previous employment if applicable, and the legitimate business interests being protected
3. Definitions: Key terms including 'Restricted Business', 'Restricted Period', 'Restricted Territory', 'Compensation', and 'Confidential Information'
4. Non-Compete Obligations: Detailed description of the activities the individual is restricted from engaging in, including specific industries, roles, and activities
5. Geographic Scope: Clear definition of the territorial limits where the restrictions apply
6. Duration: Specification of the time period during which the non-compete obligations will be in effect
7. Compensation Details: Amount, payment schedule, and conditions for the non-compete compensation
8. Payment Mechanics: Specific details about how and when payments will be made, including any tax considerations
9. Acknowledgments: Individual's confirmation of the reasonableness of restrictions and receipt of adequate consideration
10. Termination: Circumstances under which the agreement can be terminated and the consequences
11. Governing Law and Jurisdiction: Specification of Hong Kong law as governing law and Hong Kong courts' jurisdiction
1. Confidentiality Obligations: Additional provisions regarding confidential information, used when the non-compete is linked to protection of specific confidential information
2. Non-Solicitation: Additional restrictions on soliciting employees or customers, included when business relationships need extra protection
3. Reduction of Restrictions: Provisions allowing for reduction of restrictions rather than complete invalidity if courts find terms unreasonable
4. Garden Leave: Provisions regarding any garden leave period, included when there's an existing employment relationship
5. Remedies and Injunctive Relief: Specific remedies available in case of breach, included when stronger enforcement mechanisms are desired
6. Tax Indemnity: Provisions dealing with tax implications of the compensation, included when tax treatment needs clarification
7. Return of Property: Requirements for returning company property, included when the individual has access to physical or digital assets
1. Schedule 1 - Compensation Payment Schedule: Detailed breakdown of payment amounts, dates, and any conditions precedent
2. Schedule 2 - Restricted Territory: Detailed list or map of geographical areas where restrictions apply
3. Schedule 3 - Restricted Business Activities: Comprehensive list of specific business activities, companies, or roles that are restricted
4. Appendix A - Tax Treatment: Details of tax handling and reporting requirements for the compensation payments
5. Appendix B - Acknowledgment Form: Form for periodic acknowledgment of compliance with non-compete obligations
Compensation
Compensation Payment Date
Confidential Information
Competing Business
Effective Date
Group
Group Company
Intellectual Property Rights
Material Interest
Notice Period
Parent Company
Parties
Payment Schedule
Restricted Activities
Restricted Business
Restricted Clients
Restricted Period
Restricted Products/Services
Restricted Territory
Subsidiaries
Tax
Term
Trade Secrets
Working Day
Definitions
Non-Competition
Duration of Restrictions
Geographic Scope
Compensation
Payment Terms
Confidentiality
Non-Solicitation
Non-Dealing
Non-Interference
Intellectual Property
Garden Leave
Acknowledgments
Reasonableness
Severability
Remedies
Injunctive Relief
Tax Obligations
Notice Requirements
Assignment
Entire Agreement
Amendment
Waiver
Third Party Rights
Force Majeure
Governing Law
Jurisdiction
Dispute Resolution
Termination
Financial Services
Technology
Professional Services
Manufacturing
Pharmaceuticals
Telecommunications
Consulting
Investment Banking
Insurance
Real Estate
Healthcare
Retail (Executive Level)
E-commerce
Biotechnology
Information Technology
Legal
Human Resources
Executive Leadership
Sales
Business Development
Research & Development
Product Development
Information Technology
Finance
Operations
Strategy
Client Services
Investment
Technical Operations
Intellectual Property
Chief Executive Officer
Chief Financial Officer
Chief Technology Officer
Senior Vice President
Managing Director
Senior Manager
Department Head
Technical Director
Sales Director
Business Development Manager
Regional Manager
Product Manager
Senior Software Engineer
Research Director
Investment Manager
Senior Consultant
Key Account Manager
Technical Specialist
Senior Analyst
Executive Director
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