3
PLAYBOOK TEMPLATES
Non-Compete Non-Solicitation Agreement
A Non-Compete & Non-Solicitation Agreement restricts post-employment competition and solicitation of clients or employees. This playbook focuses on enforceability standards, scope limitations, and remedies for breach.
Termination & Exit Rights
Negotiation strategy
Ensure termination clauses are clear and include reasonable notice periods to avoid potential disputes. Consider including a mutual release to prevent future claims.
Negotiate for fair notice periods and post-termination obligations that protect your interests. Ensure any survival clauses are clearly defined.
Essential elements
1
Notice Period
Time required before termination.
2
Post-Termination Obligations
Duties after contract ends.
3
Survival of Obligations
Provisions that continue post-termination.
Action framework
ACCEPT
Propose edits if notice periods are unreasonably short or if post-termination obligations are unclear.
EDIT
Reject clauses that impose unfair obligations or lack mutual release terms.
ADD
Add clauses for mutual release and clear post-termination duties if absent.
PRO TIP
Always ensure termination clauses are compliant with local employment laws to avoid legal issues.
Real-world examples
FAVORABLE
Termination for Convenience
"Either party may terminate this Agreement for convenience by providing the other party with thirty (30) days' written notice. Upon termination for convenience, neither party shall have any further obligations to the other, except for obligations that expressly survive termination as set forth in this Agreement."
NEUTRAL
Notice of Termination
"All notices of termination must be in writing and delivered via certified mail, return receipt requested, or by a nationally recognized overnight courier service, to the addresses specified in this Agreement or as otherwise designated in writing by the parties."
UNFAVORABLE
Unclear Post-Termination Obligations
"Upon termination, the parties shall handle all remaining obligations as deemed necessary."
Alternative scenarios & positions
High-Risk Projects
In high-risk projects, ensure termination clauses include specific risk mitigation strategies and detailed exit plans.
International Agreements
For international agreements, consider jurisdiction-specific termination requirements and potential cross-border legal implications.
Short-Term Contracts
In short-term contracts, focus on flexible termination rights to allow for quick adjustments if necessary.
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