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3 Year Non Compete Agreement
"Need a 3 Year Non-Compete Agreement for our new Chief Technology Officer starting in March 2025, focusing on protecting our fintech intellectual property and customer relationships across West Africa, with special attention to mobile payment technologies."
1. Parties: Identification of the contracting parties - typically the employer/company and the individual subject to restrictions
2. Background: Context of the agreement, including the individual's role and access to confidential information/relationships
3. Definitions: Key terms including 'Restricted Business', 'Restricted Period', 'Territory', 'Confidential Information', and 'Competitive Activity'
4. Duration and Term: Specification of the 3-year term and when restrictions commence
5. Non-Compete Obligations: Core restrictions on competitive activities, including specific prohibited actions
6. Geographical Scope: Definition of the territorial limits of the restrictions
7. Non-Solicitation of Customers: Restrictions on approaching or dealing with existing customers
8. Non-Solicitation of Employees: Restrictions on recruiting or hiring company employees
9. Confidentiality Obligations: Protection of confidential information and trade secrets
10. Acknowledgment of Reasonableness: Statement confirming restrictions are reasonable and necessary
11. Remedies: Available legal remedies including injunctive relief and damages
12. Governing Law and Jurisdiction: Specification of Nigerian law and courts' jurisdiction
13. Severability: Provision for survival of remaining clauses if others are found unenforceable
1. Garden Leave: Optional provision for paid non-compete period, used when immediate competition risk is high
2. International Scope: Additional provisions for international operations, used when business operates beyond Nigeria
3. Industry-Specific Restrictions: Special restrictions based on specific industry requirements
4. Post-Termination Notifications: Requirements to notify new employers of restrictions, used for senior positions
5. Consideration: Specific compensation for non-compete obligations, used when agreement is post-employment
6. Monitoring and Compliance: Procedures for monitoring compliance, used for high-risk situations
7. Alternative Dispute Resolution: Mediation or arbitration provisions, used when preferred over court proceedings
1. Schedule 1: Restricted Territory: Detailed map or list of geographical areas where restrictions apply
2. Schedule 2: Restricted Activities: Comprehensive list of specific prohibited business activities
3. Schedule 3: Key Customers: List of protected customer relationships (if applicable)
4. Schedule 4: Confidential Information: Detailed categorization of protected confidential information
5. Appendix A: Consideration Details: Breakdown of any financial compensation for the restrictions
6. Appendix B: Compliance Certificate: Template for periodic compliance certification if required
Authors
Technology
Financial Services
Professional Services
Manufacturing
Healthcare
Telecommunications
Energy and Natural Resources
Retail and Consumer Goods
Pharmaceuticals
Consulting
Media and Entertainment
Executive Leadership
Sales
Business Development
Research and Development
Product Development
Technical Operations
Client Services
Strategy
Marketing
Finance
Legal
Human Resources
Chief Executive Officer
Chief Technology Officer
Senior Software Engineer
Sales Director
Business Development Manager
Regional Manager
Technical Lead
Product Manager
Research Director
Chief Financial Officer
Head of Strategy
Senior Consultant
Account Director
Operations Manager
Chief Marketing Officer
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