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1. Parties: Identification of all parties to the deed, including the covenantor (party giving non-compete promises) and covenantee (party receiving the benefit)
2. Background: Context of the deed, including the business relationship between parties and reason for the non-compete arrangements
3. Definitions: Key terms used throughout the deed, including 'Restricted Business', 'Territory', 'Restricted Period', and 'Confidential Information'
4. Non-Competition Covenants: Core restrictions and obligations regarding competitive activities, including specific prohibited actions
5. Duration and Territory: Specification of the time period and geographical area where restrictions apply
6. Confidentiality Obligations: Provisions regarding the protection and non-disclosure of confidential information
7. Reasonableness: Declarations regarding the reasonableness of restrictions to support enforceability
8. Severability: Provisions allowing court modification of unreasonable terms while preserving the rest
9. Remedies: Available remedies for breach, including injunctive relief and damages
10. Execution: Formal execution requirements to ensure validity as a deed
1. Garden Leave: Used in employment contexts to specify any period where the employee remains employed but not working
2. Non-Solicitation: Additional restrictions on approaching customers, employees, or suppliers - added when broader protection is needed
3. Assignment and Succession: Include when the benefit of the restrictions needs to be assignable to future purchasers or successors
4. Post-Termination Obligations: Specific for employment relationships, detailing obligations after employment ends
5. Consideration: While not strictly necessary for a deed, may be included to reference any payment or benefit provided
6. Monitoring and Compliance: Added when specific reporting or compliance mechanisms are needed
7. Third Party Rights: Include when benefits need to extend to group companies or other third parties
1. Schedule 1 - Restricted Activities: Detailed list of specific business activities, services, or products covered by the restrictions
2. Schedule 2 - Restricted Territory: Detailed definition of geographical areas where restrictions apply, including maps or specific boundaries
3. Schedule 3 - Restricted Customers/Clients: List of specific customers or client categories covered by restrictions (if applicable)
4. Schedule 4 - Confidential Information: Detailed categories and examples of confidential information covered by the deed
5. Schedule 5 - Group Companies: List of affiliated companies protected by the restrictions (if applicable)
6. Appendix A - Form of Compliance Certificate: Standard form for periodic confirmation of compliance (if monitoring is required)
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