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Non Compete In Severance Agreement
I need a Non Compete In Severance Agreement for a departing Chief Technology Officer in Hong Kong's fintech sector, with a 12-month restriction period covering the Asia-Pacific region and specific provisions protecting our proprietary trading algorithms.
1. Parties: Identification of the employer and employee, including their full legal names and addresses
2. Background: Context of the employment relationship, reason for termination, and basis for the agreement
3. Definitions: Key terms used throughout the agreement, including 'Restricted Business', 'Territory', 'Confidential Information', etc.
4. Severance Payment: Details of the severance package, payment schedule, and conditions for payment
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: Obligations regarding confidential information and trade secrets
8. Return of Company Property: Requirements for returning company assets and documents
9. Acknowledgments: Employee's confirmation of understanding and voluntary acceptance
10. Enforcement and Remedies: Legal consequences of breach and available remedies
11. Governing Law and Jurisdiction: Specification of Hong Kong law and courts' jurisdiction
12. General Provisions: Standard clauses including severability, entire agreement, and amendments
1. Transition Period: Used when the employee needs to assist with handover of duties or projects
2. Intellectual Property Rights: Include when specific IP assignments or ongoing obligations exist
3. Customer Relationships: Added when there are specific client relationships to protect
4. Equity/Share Options: Required if the employee has company shares or stock options
5. Reference and Announcements: Include when parties agree on specific communication about the separation
6. Ongoing Cooperation: Used when employee's assistance may be needed for future matters
7. Garden Leave: Include if there's a period where employee remains employed but not working
8. Tax Indemnity: Added when tax implications need specific addressing
1. Schedule 1 - Severance Payment Details: Detailed breakdown of severance package components and payment schedule
2. Schedule 2 - Restricted Territory: Detailed geographical scope of non-compete restrictions with specific locations
3. Schedule 3 - Restricted Businesses: Detailed list of competitor businesses or prohibited activities
4. Schedule 4 - Company Property: Inventory of company assets to be returned
5. Schedule 5 - Confidential Information: Specific categories of confidential information covered
6. Appendix A - Acknowledgment Form: Form for employee to sign acknowledging receipt of severance and acceptance of terms
7. Appendix B - Release of Claims: Detailed release of legal claims against the employer
Authors
Company
Confidential Information
Competing Business
Customer
Effective Date
Employee
Group
Intellectual Property Rights
Notice Period
Parent Company
Prohibited Activities
Protected Business
Restricted Period
Restricted Territory
Severance Payment
Termination Date
Trade Secrets
Prospective Customer
Business Partner
Material Interest
Competitive Capacity
Group Company
Related Company
Proprietary Information
Business Connection
Key Employee
Garden Leave
Separation Benefits
Restricted Products
Restricted Services
Interpretation
Severance Payment
Payment Terms
Non-Competition
Non-Solicitation
Confidentiality
Return of Property
Intellectual Property
Garden Leave
Restrictive Covenants
Release of Claims
Acknowledgments
Remedies
Injunctive Relief
Severability
Assignment
Entire Agreement
Variation
Notices
Governing Law
Jurisdiction
Third Party Rights
Waiver
Data Protection
Dispute Resolution
Force Majeure
Cooperation
Reference
Warranties
Tax Indemnity
Financial Services
Technology
Professional Services
Manufacturing
Healthcare
Retail and Consumer Goods
Telecommunications
Insurance
Real Estate
Biotechnology
Management Consulting
Investment Banking
Human Resources
Legal
Finance
Executive Leadership
Sales
Business Development
Research & Development
Information Technology
Operations
Client Services
Product Development
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
Key Account Manager
Senior Software Engineer
Research Director
Product Manager
Investment Manager
Principal Consultant
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