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Non Compete Agreement Severance Package
I need a Non-Compete Agreement Severance Package for our departing Chief Technology Officer in Hong Kong, who will be leaving on March 1, 2025, with specific restrictions on working for fintech competitors in Asia Pacific and a structured payment plan over 12 months.
1. Parties: Identification of the employer and employee, including full legal names and addresses
2. Background: Context of the agreement, including employment history and reason for separation
3. Definitions: Key terms used throughout the agreement, including 'Restricted Business', 'Territory', 'Confidential Information', etc.
4. Severance Package: Details of the severance payment, including amount, payment schedule, and any conditions
5. Non-Compete Obligations: Specific restrictions on competitive activities, including duration and geographical scope
6. Non-Solicitation: Restrictions on soliciting employees, customers, or suppliers
7. Confidentiality: Ongoing obligations regarding confidential information and trade secrets
8. Acknowledgments: Employee's confirmation of the reasonableness of restrictions and receipt of consideration
9. Tax Implications: Statement on tax treatment of payments and responsibilities
10. Governing Law: Specification of Hong Kong law as governing law and jurisdiction
11. General Provisions: Standard clauses including severability, entire agreement, and amendments
1. Garden Leave: Terms of any garden leave period, used when immediate separation is not required
2. Return of Property: Provisions for returning company property, included if employee has significant company assets
3. Cooperation: Terms requiring employee cooperation in transition or future legal matters, used for senior positions
4. Benefits Continuation: Details of any continued benefits post-employment, included if offering extended benefits
5. Share Options/Equity: Treatment of outstanding share options or equity, needed if employee has equity compensation
6. References: Terms regarding future employment references, included if agreed as part of the package
7. Legal Fees: Provisions for payment of legal fees, included if employer is covering employee's legal costs
1. Schedule 1 - Severance Calculation: Detailed breakdown of severance package calculation including basic severance, ex-gratia payments, and other components
2. Schedule 2 - Restricted Territory: Detailed description and/or maps of geographical areas covered by non-compete restrictions
3. Schedule 3 - Restricted Clients: List of specific clients covered by non-solicitation provisions, if applicable
4. Schedule 4 - Payment Schedule: Detailed timeline of severance payments and any conditions attached to each payment
5. Appendix A - Confidential Information: Detailed list of types of confidential information covered by the agreement
6. Appendix B - Company Property: Inventory of company property to be returned, if applicable
Authors
Business Day
Commencement Date
Company
Competitor
Confidential Information
Customer
Effective Date
Employee
Group
Group Company
Intellectual Property Rights
Notice Period
Parent Company
Prospective Customer
Restricted Business
Restricted Period
Restricted Territory
Restraint Period
Severance Payment
Termination Date
Trade Secrets
Competitive Activity
Material Interest
Key Employee
Business Connection
Garden Leave
Compensation
Severance Package
Payment Date
Proprietary Information
Relevant Business
Senior Employee
Subsidiary
Cause
Good Reason
Confidentiality Obligations
Non-Solicitation Obligations
Release Date
Settlement Sum
Interpretation
Non-Competition
Non-Solicitation of Customers
Non-Solicitation of Employees
Confidentiality
Severance Payment
Payment Terms
Tax Provisions
Acknowledgments
Garden Leave
Return of Property
Intellectual Property
Restrictive Covenants
Duration of Restrictions
Territorial Scope
Consideration
Remedies
Severability
Waiver
Assignment
Entire Agreement
Variation
Third Party Rights
Notices
Governing Law
Jurisdiction
Legal Costs
Cooperation
Surviving Obligations
Force Majeure
Data Protection
Representations and Warranties
Dispute Resolution
Confidential Nature of Agreement
Release of Claims
Indemnification
Financial Services
Technology
Professional Services
Manufacturing
Retail
Healthcare
Telecommunications
Real Estate
Insurance
Consulting
Pharmaceuticals
Banking
Human Resources
Legal
Executive Management
Sales
Business Development
Research & Development
Product Development
Client Services
Operations
Finance
Information Technology
Chief Executive Officer
Chief Financial Officer
Chief Technology Officer
Managing Director
Senior Vice President
Director of Sales
Head of Business Development
Senior Manager
Regional Manager
Account Director
Senior Software Engineer
Product Manager
Sales Manager
Research Director
Technical Lead
Senior Consultant
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