The Non-Compete Non-Circumvent Agreement is essential in Hong Kong business relationships where parties need to protect their legitimate business interests, confidential information, and established business relationships. This document is particularly relevant when entering into business partnerships, joint ventures, or employment relationships where parties gain access to sensitive information or key business contacts. The agreement must comply with Hong Kong's common law principles, particularly regarding reasonableness in restraint of trade. It typically includes specific provisions about restricted activities, geographical limitations, and duration of obligations, along with clear remedies for breach. The document is commonly used in situations involving business collaborations, strategic partnerships, or when engaging with contractors or consultants who will have access to valuable business information or relationships.
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1. Parties: Identification of all parties to the agreement with their full legal names and addresses
2. Background: Context of the agreement, business relationship between parties, and purpose of the restrictions
3. Definitions: Definitions of key terms including 'Confidential Information', 'Restricted Business', 'Territory', and 'Restricted Period'
4. Non-Compete Obligations: Specific restrictions on competitive activities, including scope, duration, and geographical limitations
5. Non-Circumvention Obligations: Restrictions on bypassing or circumventing the other party in business dealings
6. Confidentiality Obligations: Requirements for handling and protecting confidential information
7. Duration and Territory: Explicit statement of time period and geographical scope of restrictions
8. Acknowledgments: Parties' acknowledgments that restrictions are reasonable and necessary
9. Remedies: Available remedies in case of breach, including injunctive relief and damages
10. General Provisions: Standard legal provisions including governing law, jurisdiction, and entire agreement
1. Independent Contractor Relationship: Section clarifying that the agreement does not create an employment relationship - used when parties are independent businesses
2. Non-Solicitation: Additional restrictions on soliciting employees, customers, or suppliers - included when protecting against poaching is relevant
3. Consideration: Specific section detailing the consideration provided - included when there is separate consideration for the restrictions
4. Survival: Provisions specifying which obligations survive termination - used in conjunction with other agreements
5. Assignment: Rights to assign the agreement - included when assignment rights are important to either party
6. Severability: Provisions for severing unenforceable restrictions while maintaining others - particularly important in complex restrictions
1. Schedule 1 - Restricted Territory: Detailed description of geographical areas covered by restrictions
2. Schedule 2 - Restricted Business Activities: Detailed list of specific business activities covered by non-compete obligations
3. Schedule 3 - Protected Relationships: List of specific customers, suppliers, or business relationships protected by non-circumvention provisions
4. Schedule 4 - Confidential Information: Detailed categorization of information considered confidential under the agreement
5. Appendix A - Compensation Details: Details of any consideration or compensation provided (if applicable)
Authors
Relevant legal definitions
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Relevant Industries
Technology
Financial Services
Professional Services
Manufacturing
Trading
Research and Development
Healthcare
Telecommunications
Real Estate
Consumer Goods
Energy
Logistics
Biotechnology
Investment Banking
Management Consulting
Relevant Teams
Legal
Business Development
Sales
Executive Leadership
Research & Development
Strategic Planning
Operations
Product Development
Investment
Partnership Management
Information Technology
Human Resources
Procurement
Corporate Development
Relevant Roles
Chief Executive Officer
Managing Director
Business Development Manager
Sales Director
Chief Technology Officer
Senior Consultant
Project Manager
Strategic Partnership Manager
Account Executive
Operations Director
Research Director
Product Manager
Investment Manager
Business Analyst
Department Head
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