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Non Compete Contract
I need a Non-Compete Contract under Hong Kong law for a senior software developer who will have access to our proprietary AI algorithms and customer data, with restrictions covering the Asia-Pacific region for 12 months after employment termination.
1. Parties: Identification of the employer and employee/former employee entering into the agreement
2. Background: Context of the agreement, including the employee's role and access to sensitive information
3. Definitions: Key terms used in the agreement, including 'Confidential Information', 'Competing Business', 'Restricted Period', and 'Restricted Territory'
4. Non-Compete Obligations: Core restrictions on competing activities, including scope, duration, and geographical limitations
5. Non-Solicitation of Customers: Restrictions on approaching or dealing with existing customers
6. Non-Solicitation of Employees: Restrictions on recruiting or hiring other employees
7. Confidentiality Obligations: Requirements to maintain confidentiality of business information
8. Acknowledgments: Employee's confirmation of the reasonableness of restrictions
9. Duration and Territory: Specific timeframe and geographical scope of restrictions
10. Severability: Provisions for maintaining validity if parts are found unenforceable
11. Governing Law and Jurisdiction: Specification of Hong Kong law and courts' jurisdiction
12. Entire Agreement: Confirmation that this document represents the complete agreement between parties
1. Garden Leave: Provisions for paid leave during notice period, used when immediate removal from competition is desired
2. Consideration: Details of any additional payment or benefit provided specifically for the non-compete obligations, included when separate consideration is being offered
3. Return of Property: Requirements for returning company property and documents, included when employee has possession of significant company assets
4. Independent Legal Advice: Acknowledgment of receiving independent legal advice, included for additional enforceability
5. Post-Termination Assistance: Requirements to assist with handover or transitions, included for senior positions
6. Monitoring and Compliance: Procedures for monitoring compliance with restrictions, included for high-risk situations
7. Alternative Dispute Resolution: Mediation or arbitration provisions, included when parties prefer alternative to court proceedings
1. Schedule 1: Restricted Territory: Detailed list of geographical areas covered by restrictions
2. Schedule 2: Competing Businesses: List of specific competitors or types of competing businesses
3. Schedule 3: Confidential Information: Detailed categorization of confidential information covered
4. Schedule 4: Key Customers: List of specific customers covered by non-solicitation provisions
5. Appendix A: Consideration Details: Breakdown of any consideration provided for the restrictions
6. Appendix B: Employee's Position and Duties: Detailed description of role and responsibilities justifying restrictions
Authors
Technology
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Research and Development
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Education and Training
Executive Leadership
Sales
Business Development
Research & Development
Product Development
Information Technology
Human Resources
Legal
Finance
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Customer Success
Marketing
Strategy
Investment
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Chief Executive Officer
Chief Technology Officer
Chief Financial Officer
Managing Director
Senior Manager
Sales Director
Research Director
Head of Development
Senior Software Engineer
Product Manager
Business Development Manager
Account Director
Technical Lead
Senior Consultant
Regional Manager
Investment Manager
Department Head
Principal Scientist
Senior Analyst
Key Account Manager
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