The Confidentiality And Restrictive Covenant Agreement is a crucial legal instrument under English and Welsh law used to safeguard a company's sensitive information and competitive position. It is typically implemented when engaging employees, contractors, or business partners who will have access to confidential information or whose departure could pose a risk to the business. The agreement combines robust confidentiality provisions with specific restrictions on post-relationship activities, such as competing, poaching staff, or soliciting clients. It must be carefully drafted to ensure enforceability within the jurisdiction's restraint of trade principles.
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1. Parties: Identifies and defines the contracting parties
2. Background: Sets out context and purpose of the agreement
3. Definitions: Defines key terms used throughout the agreement
4. Confidentiality Obligations: Core confidentiality provisions and obligations
5. Restrictive Covenants: Non-compete and non-solicitation provisions
6. Duration: Term of confidentiality and restrictive obligations
7. Return of Confidential Information: Procedures for returning or destroying confidential information
8. Breach and Remedies: Consequences of breach and available remedies
1. Permitted Disclosures: Exceptions to confidentiality obligations and circumstances where disclosure is allowed
2. Data Protection: Specific provisions relating to personal data handling and compliance with data protection laws
3. Intellectual Property: IP rights and obligations related to confidential information
4. Assignment: Rights and restrictions regarding transfer of obligations under the agreement
1. Schedule 1 - Confidential Information: Detailed list or description of confidential information covered by the agreement
2. Schedule 2 - Restricted Territory: Geographic scope of restrictions and territories where restrictive covenants apply
3. Schedule 3 - Restricted Clients: List of clients covered by non-solicitation provisions
4. Schedule 4 - Permitted Recipients: List of authorized recipients of confidential information and their obligations
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