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    How To Draw Up The Contract Of Competition?

    2015/3/6 13:48:00 11

    Competition RestrictionContractModel

    Non-competition Agreement

    Party A: Party, China, Hong Kong and Macao.

    Business license number:

    Party B: we will be in charge of the company.

    ID card number:

    In view of Party B's acknowledgations, Party B acknowledges that Party B may be fully exposed to Party A's confidential information (hereinafter referred to as the following), and is familiar with the operation, business and prospects of Party A, and has extensive contacts with Party A's customers, suppliers and other persons who have business relations with Party A. Party B is willing to compete with Party A and its associated enterprises in accordance with the terms and conditions stipulated in this contract. Therefore, the two sides have reached an agreement through consultation on an equal footing.

    Article 1 Definition

    1. "competitive business": the business undertaken or planned by the nail party or its associated enterprises; and other businesses that are similar or competitive with those operated by Party A or its associated enterprises.

    2. "competitors": any person, Party A, partnership, joint venture party, sole proprietorship party or other entities who engage in competitive business except Party A or its associated enterprises.

    3. "zone": the geographical scope of the nail party or its associated enterprises engaged in or planning to engage in their respective businesses.

    4. "term": refers to the time when Party B is employed in the period of the first party and the time limit is expired.

    5. "affiliated enterprises" refers to any other legal person who controls Party A, which is controlled by Party A or jointly controlled by Party A.

    Second obligations of Party B

    1. within the time limit and within the territory, not directly or indirectly, in the name of individuals or by the owner, Licensor, Licensee, agent, Party B, independent contractor, owner, partner, lessor, shareholder or director or manager of Party A, or in any other name.

    (1) invest or engage in competitive business other than Party A's business, or set up an organization engaged in competitive business;

    (2) provide any service or disclose any confidential information to competitors.

    2. not directly or indirectly persuading, luring, encouraging or otherwise promoting Party A or its associated enterprises within the time limit:

    (1) any management or Party B shall terminate the employment relationship between such managers or Party B and Party A or its associated enterprises.

    (2) any client, Supplier The licensee, Licensor, or any other person or entity (including any potential customer, supplier or licensee, etc.) who has actual or potential business relationship with Party A or its associated enterprises shall terminate or otherwise change the business relationship with Party A or its associated enterprises.

    3. Party B undertakes that it has not signed and will not sign any written or oral contracts which are in conflict with the terms of this contract.

    4. regardless of the reasons for leaving from Party A, 3 years after leaving office, no units competing with Party A will be employed.

    5. regardless of the reasons for leaving from Party A, and within 3 years after leaving office, they shall not engage in the production of products that are competitive with Party A or engage in the production of products related to Party A's business secrets.

    Third obligations of Party A

    From the second day after the expiration of the time limit for the performance of the contract stipulated by the two parties, Party A shall pay a certain amount of compensation for competition restriction to Party B in accordance with the time limit for the competition. The amount of the annual economic compensation fee is 1/3 for the year before Party B leaves the premises of the first party, and the average monthly wage for less than one year is calculated. The compensation fee shall be paid quarterly and shall be paid by Party A through the bank to Party B's bank card. If Party B refuses to receive it, Party A can raise the compensation fee to the relevant parties.

    Fourth consideration

    Party B hereby confirms that all salaries and other compensations or interests that may be earned from Party A shall constitute the full consideration of its commitment in the second, third article of this contract.

    The fifth implementation

    The parties agree to execute the contract to the maximum extent within the scope permitted by law. The invalidity, illegal or unenforceability of any part of this contract will not affect or weaken the validity, legality and enforceability of the rest of the contract.

    Sixth fair commitments

    Both sides agree that Ben contract The scope and nature of the second, third articles are fair and reasonable. The agreed time, geographical area and scope are necessary for the protection of Party A and its associated enterprises in full use of their goodwill.

    Seventh remedy for breach of contract

    Party B acknowledges that its breach of this contract will cause irreparable damage to Party A and / or its associated enterprises, and that any monetary compensation obtained through any litigation is not sufficient to compensate for the damage. Party B agrees that Party A and / or its associated enterprises shall have the right to prevent the breach of this contract through interim restrictions, prohibition orders, actual performance of the terms of this contract or other relief measures. However, the provisions of this article shall not be interpreted as the right of Party A and / or its associated enterprises to waive any claim for damages or other relief.

    Eighth application of law and dispute resolution

    1. the contract shall be governed by the laws of the People's Republic of China and shall be interpreted in accordance with it.

    2. the two parties shall endeavour to settle all disputes arising out of this contract or related to this contract through friendly negotiation. If negotiation fails, such disputes shall be submitted to the Arbitration Commission for arbitration in accordance with its rules and procedures. In the process of arbitration, both parties shall continue to perform the rest of the contract other than disputes.

    The ninth contract. modify And transfer

    1. the contract shall come into force on the date of signature by both parties. This contract shall not be amended, supplemented or changed without written consent of both parties.

    2. Party B shall not assign any obligation or interest arising from this contract or by this contract.

    3. the parties confirm that they have carefully reviewed the contents of the contract and fully understand the legal implications of the terms and conditions of the contract.

    The tenth text

    There are two copies of this contract. Each party has one copy, which is equally authentic.

    Party A (seal):

    Authorized representative (signature):

    This is the year of the year.

    Place of signature: the first, the second and the third.

    Party B (signature):

    This is the year of the year.

    Place of signature: the first, the second and the third.


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