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Non Compete Non Disclosure Agreement
I need a Non-Compete Non-Disclosure Agreement under Hong Kong law for hiring senior software developers at my technology startup, with special focus on protecting our AI algorithms and restricting work with competitors in the APAC region for 12 months post-employment.
1. Parties: Identifies and defines the contracting parties
2. Background: Sets out the context and purpose of the agreement
3. Definitions: Defines key terms used throughout the agreement, including 'Confidential Information', 'Competitive Activities', and 'Restricted Period'
4. Confidentiality Obligations: Details the obligations regarding handling and protecting confidential information
5. Non-Compete Obligations: Specifies the restrictions on competitive activities, including scope, duration, and geographical limitations
6. Duration and Term: Specifies the period during which the obligations remain in force
7. Return of Confidential Information: Procedures for returning or destroying confidential information upon request or termination
8. Breach and Remedies: Outlines the consequences of breach and available remedies
9. General Provisions: Standard contractual provisions including governing law, jurisdiction, and entire agreement
10. Execution: Signature blocks and execution formalities
1. Permitted Disclosures: Specifies circumstances where disclosure of confidential information is permitted, used when there are specific exceptions needed
2. Non-Solicitation: Additional restrictions on soliciting employees, customers, or suppliers, included when business relationships need additional protection
3. Assignment and Succession: Provisions regarding the transfer of rights and obligations, included when assignment rights are important
4. Severability: Provisions for maintaining validity if parts are found unenforceable, particularly important in jurisdictions strictly scrutinizing non-compete provisions
5. Independent Contractor Relationship: Clarifies the relationship between parties, used when the agreement is not part of an employment relationship
6. Survival: Specifies which provisions survive termination, used when certain obligations need to extend beyond the agreement's term
1. Schedule 1 - Specified Confidential Information: Detailed list or categories of confidential information covered by the agreement
2. Schedule 2 - Restricted Territory: Detailed description or map of the geographical area covered by non-compete restrictions
3. Schedule 3 - Restricted Business Activities: Detailed list of specific business activities covered by the non-compete provisions
4. Schedule 4 - Restricted Clients/Customers: List of specific clients or customers covered by non-solicitation provisions (if applicable)
5. Schedule 5 - Permitted Recipients: List of individuals or entities authorized to receive confidential information
Authors
Technology
Financial Services
Professional Services
Manufacturing
Healthcare
Biotechnology
Research and Development
Retail
E-commerce
Telecommunications
Media and Entertainment
Consulting
Education
Real Estate
Insurance
Legal
Human Resources
Executive Leadership
Research and Development
Information Technology
Sales
Business Development
Operations
Finance
Marketing
Product Development
Strategy
Customer Service
Engineering
Administration
Chief Executive Officer
Chief Technology Officer
Senior Developer
Research Scientist
Sales Director
Business Development Manager
Product Manager
Human Resources Director
Legal Counsel
Finance Manager
Operations Manager
Marketing Director
Account Manager
Technical Lead
Strategy Consultant
Department Head
Regional Manager
Project Manager
Systems Architect
Senior Analyst
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