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Non Compete In Severance Agreement
"I need a Non Compete In Severance Agreement for our departing Chief Technology Officer who has extensive knowledge of our proprietary software and upcoming product launches; the agreement should protect our intellectual property for 12 months within Southeast Asia and include a severance package of 6 months' salary."
1. Parties: Identification of the employer and employee, including their complete legal names and addresses
2. Background: Context of the employment relationship, reason for separation, and basis for the agreement
3. Definitions: Key terms used in the agreement, including 'Competitive Business', 'Restricted Period', 'Territory', and other relevant terms
4. Severance Payment: Details of the severance package, including amount, payment schedule, and conditions
5. Non-Compete Obligations: Specific restrictions on competitive activities, including duration, geographic scope, and prohibited activities
6. Duration and Geographic Scope: Clear specification of how long the non-compete obligations last and the geographic areas where they apply
7. Confidentiality Obligations: Ongoing obligations regarding confidential information and trade secrets
8. Return of Company Property: Requirements for returning company assets, documents, and data
9. Acknowledgment of Reasonableness: Employee's acknowledgment that restrictions are reasonable and necessary
10. Severability: Provision ensuring that if any part is found invalid, the rest remains enforceable
11. Governing Law and Jurisdiction: Specification that Philippine law governs and which courts have jurisdiction
12. Entire Agreement: Confirmation that this document represents the complete agreement between parties
13. Execution: Signature blocks and execution requirements
1. Continued Benefits: Details of any benefits that continue post-employment, used when applicable benefits extend beyond termination
2. Non-Solicitation: Additional restrictions on soliciting employees or customers, included when business relationships need extra protection
3. Cooperation in Transition: Terms for employee assistance in transitioning their duties, used when handover is complex
4. Stock Options/Equity: Treatment of any outstanding equity compensation, included when employee has stock options or shares
5. Dispute Resolution: Alternative dispute resolution procedures, added when parties prefer arbitration or mediation
6. Release of Claims: Mutual or unilateral releases of legal claims, included when broader release is desired
7. References: Terms regarding future employment references, included when parties want to establish reference parameters
1. Schedule A - Severance Payment Details: Detailed breakdown of severance payment components and schedule
2. Schedule B - Restricted Territory: Detailed map or list of geographic areas covered by non-compete
3. Schedule C - Competitive Business Definition: Detailed description of businesses and activities considered competitive
4. Schedule D - Company Property Checklist: List of company property to be returned
5. Appendix 1 - Confidential Information: Detailed list of types of information considered confidential
6. Appendix 2 - Acknowledgment Form: Form for employee to acknowledge receipt of payments and understanding of obligations
Authors
Company
Confidential Information
Competitive Business
Competitor
Effective Date
Employee
Intellectual Property
Non-Compete Period
Restricted Activities
Restricted Territory
Separation Date
Severance Payment
Trade Secrets
Customer
Business Relationship
Material Interest
Directly
Group Company
Proprietary Information
Prohibited Activities
Cause
Termination Date
Consideration
Restricted Period
Governing Law
Affiliate
Competing Enterprise
Business Partners
Key Personnel
Protected Information
Company Property
Legitimate Business Interests
Professional Services
Release Date
Severance Benefits
Interpretation
Severance Payment
Non-Competition
Confidentiality
Non-Solicitation
Return of Property
Intellectual Property Rights
Consideration
Duration and Territory
Acknowledgments
Remedies
Severability
Assignment
Waiver
Amendment
Notices
Governing Law
Jurisdiction
Entire Agreement
Release of Claims
Cooperation
Survival
Representations and Warranties
Dispute Resolution
Force Majeure
Indemnification
Compliance with Laws
Third Party Rights
Good Faith
Technology and Software
Financial Services
Healthcare
Professional Services
Manufacturing
Telecommunications
Pharmaceuticals
Consumer Goods
Real Estate Development
Management Consulting
E-commerce
Business Process Outsourcing
Human Resources
Legal
Executive Leadership
Sales
Business Development
Research and Development
Product Development
Client Services
Operations
Information Technology
Strategy
Marketing
Chief Executive Officer
Chief Financial Officer
Chief Technology Officer
Senior Vice President
Managing Director
Sales Director
Regional Manager
Account Executive
Senior Software Engineer
Product Manager
Business Development Manager
Research and Development Director
Senior Consultant
Technical Lead
Department Head
Key Account Manager
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