The Non-Compete Non-Solicitation Agreement is a crucial business protection document used in Ireland when companies need to safeguard their legitimate business interests from former employees or contractors who might otherwise take advantage of confidential information, client relationships, or insider knowledge. This agreement typically includes detailed restrictions on competing activities, solicitation of customers, and poaching of employees, all carefully drafted to comply with Irish employment law and common law principles. The document is particularly important for roles involving access to sensitive information, key client relationships, or strategic business knowledge. It must be carefully balanced to protect the employer's interests while remaining reasonable and enforceable under Irish law, which generally views restrictive covenants with scrutiny.
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1. Parties: Identification of the parties entering into the agreement, including the employer/company and the employee/restricted party
2. Background: Context of the agreement, including the business relationship and reason for restrictions
3. Definitions: Key terms used in the agreement, including 'Confidential Information', 'Restricted Business', 'Restricted Period', 'Territory', 'Restricted Customers', and 'Restricted Employees'
4. Non-Compete Obligations: Specific restrictions on competing activities, including scope, duration, and geographical limitations
5. Non-Solicitation of Customers: Restrictions on approaching or dealing with customers or prospective customers
6. Non-Solicitation of Employees: Restrictions on approaching or hiring employees of the company
7. Duration and Territory: Specific timeframes and geographical areas where restrictions apply
8. Acknowledgments: Employee's confirmation of reasonableness of restrictions and receipt of consideration
9. Consideration: Details of what the restricted party receives in exchange for these restrictions
10. Severability: Provisions for maintaining validity if certain clauses are found unenforceable
11. Remedies: Available remedies in case of breach, including injunctive relief
12. Governing Law and Jurisdiction: Specification of Irish law as governing law and Irish courts' jurisdiction
13. Execution: Signature blocks and execution requirements
1. Garden Leave: Include when the agreement needs to address paid leave periods during which the employee is restricted from working
2. International Scope: Include when restrictions need to apply across multiple jurisdictions
3. Assignment: Include when the company wants the right to assign the agreement to another entity
4. Specific Industry Restrictions: Include for specialized industries with unique competitive concerns
5. Post-Termination Notifications: Include when requiring the restricted party to notify new employers of restrictions
6. Consideration Review: Include when consideration may be subject to periodic review or adjustment
7. Alternative Dispute Resolution: Include when parties prefer mediation or arbitration before court proceedings
1. Schedule 1 - Restricted Territory: Detailed map or list of geographical areas where restrictions apply
2. Schedule 2 - Restricted Customers: List of specific customers or customer categories covered by restrictions
3. Schedule 3 - Restricted Business Activities: Detailed description of prohibited business activities
4. Schedule 4 - Consideration Details: Specific details of compensation or benefits provided in exchange for restrictions
5. Appendix A - Acknowledgment Form: Form for employee to acknowledge restrictions when starting new employment
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