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Employment Non Solicitation Agreement template
Employment Non Solicitation Agreement sample


What is Employment Non Solicitation Agreement?

Employment Non Solicitation Agreement Prevents the solicitation of employees or clients by former employees, specifying non-solicitation provisions and duration.



Sample template:



EMPLOYMENT NON-SOLICITATION AGREEMENT


This Employment Non-Solicitation Agreement (the "Agreement") is made and entered into as of [Date], by and between ApexTech Solutions, a corporation organized under the laws of the United States, with its principal place of business at [Address] ("ApexTech"), and Lisa Anderson, an individual whose address is [Address] ("Employee").

1. PURPOSE

1.1. Protection of Business Interests


The purpose of this Agreement is to protect ApexTech's legitimate business interests, including its relationships with clients, employees, and contractors, and its valuable confidential information, by imposing reasonable restrictions upon Employee's post-employment solicitation activities involving ApexTech's clients, employees, and contractors.



2. DEFINITIONS

2.1. Client


"Client" shall include any client or prospective client of ApexTech with whom Employee had dealings on behalf of ApexTech, or about whom Employee acquired confidential information during Employee's employment with ApexTech.



2.2. Employee


"Employee" shall include any employee, independent contractor, or consultant of ApexTech with whom Employee had dealings on behalf of ApexTech, or about whom Employee acquired confidential information during Employee's employment with ApexTech.



3. NON-SOLICITATION

3.1. Non-Solicitation of Clients


Employee agrees that, for a period of [Number of Months/Years] following the termination of Employee's employment with ApexTech for any reason, Employee will not, directly or indirectly, solicit, induce, encourage, or participate in soliciting, inducing, or encouraging any Client to reduce, terminate, or otherwise alter its relationship with ApexTech in a manner adverse to ApexTech.



3.2. Non-Solicitation of Employees


Employee agrees that, for a period of [Number of Months/Years] following the termination of Employee's employment with ApexTech for any reason, Employee will not, directly or indirectly, solicit, induce, encourage, or participate in soliciting, inducing, or encouraging any Employee to leave his or her employment or contractor relationship with ApexTech or to cease providing services to ApexTech or to accept employment or engagement with any person or entity in competition with ApexTech.



4. CONFIDENTIALITY

Employee acknowledges that during Employee's employment with ApexTech, Employee has had access to and become acquainted with ApexTech's confidential information, including the identities and preferences of clients and employees, ApexTech's methods of operation, and various trade secrets and proprietary information. Employee agrees that during Employee's employment with ApexTech and for a period of [Number of Months/Years] following Employee's termination of employment with ApexTech for any reason, Employee will not disclose any confidential information or proprietary information to any person or entity, or use any such information for Employee's own benefit or the benefit of any third party, except as necessary to perform Employee's duties for ApexTech and with the prior written consent of ApexTech.



5. REMEDIES

5.1. Injunctive Relief


Employee acknowledges and agrees that any breach or threatened breach of this Agreement by Employee will result in irreparable harm to ApexTech for which there is no adequate remedy at law. Therefore, in the event of any breach or threatened breach, ApexTech shall be entitled, in addition to any other legal or equitable remedies it may have, to an injunction enjoining or restraining Employee from committing any such breach. No bond shall be required for the issuance of such injunction.



5.2. Damages


Employee acknowledges and agrees that any breach or threatened breach of this Agreement by Employee may cause ApexTech to suffer monetary damages. In the event of any such breach or threatened breach, Employee shall be liable for any damages incurred by ApexTech as a result of Employee's breach of this Agreement, including attorneys' fees and costs of litigation.



6. MISCELLANEOUS

6.1. Entire Agreement


This Agreement constitutes the entire understanding between the parties with respect to the subject matter hereof, and supersedes any prior understandings, written or oral, between the parties regarding the subject matter hereof.



6.2. Modification and Waiver


This Agreement may not be modified or amended, except in a written document signed by both parties. No waiver of any provision of this Agreement shall be deemed, or shall constitute, a waiver of any other provision, whether or not similar, nor shall any waiver constitute a continuing waiver. Any waiver must be in writing and signed by the party against whom the waiver is sought to be enforced.



6.3. Governing Law and Forum


This Agreement shall be governed by and construed in accordance with the laws of the United States, without regard to its principles of conflicts of laws. Any dispute, controversy, or claim arising out of or in connection with this Agreement shall be resolved exclusively in the appropriate state or federal court located within the United States, and each of the parties hereto irrevocably consents to the jurisdiction of such courts and waives any objections to the laying of venue in such courts.



6.4. Severability


If any provision of this Agreement is determined to be unenforceable or invalid, such provision shall be deemed severed from this Agreement, and the remaining provisions of this Agreement shall continue in full force and effect, as though such unenforceable or invalid provision had never been a part of this Agreement.



6.5. Binding Effect


This Agreement shall be binding upon and inure to the benefit of the parties hereto, and their respective successors and assigns, provided, however, that Employee may not assign or delegate Employee's obligations under this Agreement without the prior written consent of ApexTech.



6.6. Counterparts


This Agreement may be executed in one or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same Agreement.



IN WITNESS WHEREOF, the parties have executed this Agreement as of the date first above written.

By: ________________________________ By: ________________________________
Name: [Authorized Signatory's Name] Name: Lisa Anderson
Title: [Authorized Signatory's Title] Employee
Organization: ApexTech Solutions

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Common Sections of an Employment Non-Solicitation Agreement


In this Employment Non-Solicitation Agreement, you will see the following sections:

  1. Purpose
  2. Definitions
  3. Non-Solicitation
  4. Confidentiality
  5. Remedies
  6. Miscellaneous


Summary of each section:

  1. Purpose : This section explains that the agreement aims to protect the company's business interests, such as client relationships, employee relationships, and confidential information, by imposing reasonable restrictions on the employee's post-employment solicitation activities.

  2. Definitions : This section defines key terms used in the agreement, such as "Client" and "Employee." Clients are those the employee interacted with or learned about during their employment, while Employees include anyone the employee worked with or learned about during their time at the company.

  3. Non-Solicitation : This section outlines the restrictions on the employee's post-employment activities. The employee agrees not to solicit or encourage clients to alter their relationship with the company or to solicit or encourage employees to leave the company or work for a competitor for a specified period after their employment ends.

  4. Confidentiality : This section requires the employee to keep the company's confidential information secret during and after their employment. The employee agrees not to disclose or use this information for their benefit or anyone else's without the company's written consent.

  5. Remedies : This section describes the legal actions the company can take if the employee breaches the agreement. The company can seek an injunction to stop the employee from breaching the agreement and can also seek monetary damages for any losses caused by the employee's breach, including attorneys' fees and litigation costs.

  6. Miscellaneous : This section covers various additional provisions, such as the agreement being the entire understanding between the parties, how the agreement can be modified or waived, the governing law and forum for disputes, the severability of unenforceable provisions, the binding effect of the agreement, and the ability to execute the agreement in counterparts.

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