Surviving Clauses and Post-Termination Obligations
- Non-compete clause: A provision restricting a party from engaging in activities that are competitive with the other party.
- Non-solicit clause: A standard clause limiting an employee's solicitation of employees and customers during the term of the employee's employment and for a specified period of time after the employment relationship ends.
- Confidentiality clause: A clause restricting employees from disclosing or divulging either directly or indirectly the Confidential Information to others, unless first authorized to do so, by the employer, in writing.
- No specific legislation or legal provisions.
- Heavy reliance on judgments, especially UK jurisprudence.
- Clauses in restraint of trade have to be interpreted restrictively. In particular, such clauses can be regarded as enforceable only if they meet the following criteria:
2. must be certain in terms of object, time and place; and
3. there must be adequate compensation (very circumstantial) for restriction.
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