The Subcontractor Non-Solicitation Agreement is essential in protecting business relationships and maintaining workforce stability in contracting arrangements. This document is particularly relevant in the United States, where it must be carefully crafted to comply with varying state laws on restrictive covenants. The agreement typically includes specific provisions about who cannot be solicited, the duration of the restriction, geographic limitations, and consequences of violation. It's crucial to balance legitimate business protections with reasonable restrictions that courts will enforce.
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1. Parties: Identifies all parties to the agreement, including full legal names and addresses
2. Background/Recitals: Explains the context and purpose of the agreement
3. Definitions: Defines key terms used throughout the agreement
4. Scope of Non-Solicitation: Detailed description of prohibited solicitation activities
5. Duration: Specifies the time period for which the agreement remains in effect
6. Geographic Scope: Defines the geographical boundaries where the agreement applies
7. Consideration: States the value exchanged for the agreement
8. Enforcement: Details remedies and procedures for breach of agreement
1. Confidentiality Provisions: Additional protections for confidential information when sharing sensitive business information
2. Assignment Rights: Terms for transferring agreement rights when transfer of rights might be needed
3. Dispute Resolution: Specific procedures for resolving disputes when parties want to specify alternative dispute resolution
4. Severability: Provisions for maintaining validity if parts are struck down, particularly important when agreement covers multiple jurisdictions
1. Schedule A - Protected Relationships: List of specific clients, employees, or contractors protected by the agreement
2. Schedule B - Territorial Scope: Detailed description of geographic boundaries
3. Schedule C - Excluded Parties: List of entities or individuals excluded from the agreement
4. Appendix 1 - Defined Terms: Extended definitions of key terms and concepts
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