The NDA Non-Solicitation agreement is essential when businesses need to share sensitive information while protecting against both unauthorized disclosure and potential poaching of employees or customers. This document, particularly relevant in the United States, combines standard NDA provisions with non-solicitation clauses to create a comprehensive protection framework. It's commonly used during business negotiations, partnerships, or employment relationships where confidential information needs to be shared and business relationships need protection. The agreement must be carefully drafted to comply with state-specific restrictions on non-solicitation provisions and trade secret laws.
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1. Parties: Identification of all parties entering into the agreement
2. Background/Recitals: Context and purpose of the agreement
3. Definitions: Key terms used throughout the agreement including definition of confidential information and non-solicitation scope
4. Confidentiality Obligations: Core confidentiality provisions and obligations including use restrictions and security requirements
5. Non-Solicitation Provisions: Restrictions on soliciting employees, customers, or suppliers, including duration and geographic scope
6. Term and Termination: Duration of agreement and termination conditions
7. Return of Confidential Information: Obligations regarding return or destruction of confidential materials upon termination
8. Governing Law: Applicable jurisdiction and law governing the agreement
1. Permitted Disclosures: Exceptions to confidentiality obligations and circumstances where disclosure is allowed
2. Security Measures: Specific requirements for protecting confidential information and data security protocols
3. Survival: Provisions that continue after termination of the agreement
4. Assignment: Rights and restrictions regarding transfer of the agreement to other parties
1. Schedule A - Confidential Information: Detailed list and categories of information considered confidential under the agreement
2. Schedule B - Authorized Representatives: List of individuals authorized to receive and handle confidential information
3. Schedule C - Non-Solicitation Restrictions: Detailed scope of non-solicitation provisions including geographic limitations and specific restricted entities
4. Schedule D - Security Protocols: Specific procedures and requirements for handling and protecting confidential information
Relevant legal definitions
Affiliate
Agreement
Business Purpose
Confidential Information
Covered Persons
Disclosing Party
Effective Date
Non-Solicitation Period
Party/Parties
Protected Customers
Protected Employees
Receiving Party
Representatives
Restricted Activities
Restricted Period
Restricted Territory
Trade Secrets
Unauthorized Disclosure
Restricted Business
Permitted Purpose
Material Non-Public Information
Proprietary Information
Solicitation
Third Party
Agreement
Business Purpose
Confidential Information
Covered Persons
Disclosing Party
Effective Date
Non-Solicitation Period
Party/Parties
Protected Customers
Protected Employees
Receiving Party
Representatives
Restricted Activities
Restricted Period
Restricted Territory
Trade Secrets
Unauthorized Disclosure
Restricted Business
Permitted Purpose
Material Non-Public Information
Proprietary Information
Solicitation
Third Party
Clauses
Confidentiality
Non-Solicitation
Non-Disclosure
Return of Information
Term and Termination
Remedies
Intellectual Property
Exceptions and Permitted Disclosures
Data Protection
Severability
Governing Law
Jurisdiction
Assignment
Representation and Warranties
Indemnification
Survival
Notice
Amendment
Force Majeure
Entire Agreement
Counterparts
Third Party Rights
Waiver
Non-Solicitation
Non-Disclosure
Return of Information
Term and Termination
Remedies
Intellectual Property
Exceptions and Permitted Disclosures
Data Protection
Severability
Governing Law
Jurisdiction
Assignment
Representation and Warranties
Indemnification
Survival
Notice
Amendment
Force Majeure
Entire Agreement
Counterparts
Third Party Rights
Waiver
Relevant Industries
Relevant Teams
Relevant Roles
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