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EXIT MEMO

To,

_________

_________

Subject:

Dear [Employee Name],

Thank you for your service to ___________________ [hereinafter the “Company”]


for the past [insert no. of months/years served]. We deeply appreciate the time
and effort that you have put in the Company.

Please ensure the following in relation to your exit from the Company:

I. Completion of exit formalities:

a) Submission of a duly signed resignation letter addressed to the HR and


your managing supervisor at the time of your exit.

b) Submission of the ‘no dues’ certificate.

c) Completion of the exit interview scheduled by HR (alternatively, this


can be the completion of the exit feedback form as provided by HR or
as existing on the HR portal of the company).

II. Official Property to be submitted back (this may be placed in an


annexure, where the receipt of the assets will be confirmed by
respective departments)

Submission of the following items to the HR immediately after submission of


your resignation letter:

a) SIM Card;

b) ID/Access Card;

c) Visiting Card;

d) Mobile Handset;

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e) Laptop;

f) Keys to your office/cabinet/drawers;

g) Any other property.

III. Formalities to be completed in relation to Confidential Information/Trade


Secrets

a) Meeting with Manager/ Supervisor and formal handover of all the


Confidential Information/Trade Secrets furnished to you in connection
with your employment.

b) Submission of a certificate (as per the format provided by the Company)


to confirm that all Confidential Information (as defined in the
employment agreement) has been handed over and that no Confidential
Information is retained with you in any form including any copies.

IV. Removal of reference to currently being in employment with the


Company from social networking sites, for eg. Facebook, LinkedIn and
any other networking sites.

This memo is to inform you about the terms and conditions which would be
applicable and binding on you after the termination of your employment with the
Company as per the Employment Agreement and Trade Secret/Confidentiality
Agreement.

I. Non-Compete and Non-Solicitation:

a) You cannot engage in any activity or business which is the same or


substantially similar to the Company’s business for 12 months from
the date of your resignation or termination of your employment directly
or indirectly, without the written consent of the Company’s
management.

b) You cannot work directly with any of the customers/affiliates/vendors


and competitors of the Company for a period of 12 months from the
date of termination of your employment with the Company.

c) You will not, for 12 months after termination/cessation of your


employment with the Company, solicit, or cause any organization

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directly or indirectly owned or controlled by you to solicit, any
employee of the Company to leave the employment of the Company.

d) You will not, solicit for employment, hire or engage as an independent


contractor, or cause any organization directly or indirectly owned or
controlled by you to solicit for employment, hire or engage as an
independent contractor, any person who is employed by the Company
for a period of 12 months after termination of your employment with
the Company.

e) In case you engage in any activity or business which is the same or


substantially similar to the Company’s business before the expiry of 12
months from the date of termination of your employment and without
taking the written consent of the Company, the Company has the right
to claim damages against you for the losses, expenses incurred by the
Company, which will be decided on a case to case basis. The
Company shall initiate criminal proceedings against you under the
applicable criminal, cyber and IT, intellectual property laws and other
laws. The Company shall also initiate arbitration as defined in the
Employment Agreement against you to claim damages.

II. Non Disclosure of Trade Secrets/Confidential Information

a) You will return all Confidential Information (as defined in the


Employment Agreement), including copies thereof irrespective of
storage or presentation medium, including all electronic and hard
copies thereof, and any other material containing or disclosing any
Confidential Information which is in your possession, power and
control. You will not make or retain any copies of such Confidential
Information and destroy any such information in your possession.

b) You will forever hold and maintain the Confidential Information of the
Company in the strictest confidence for the sole and exclusive benefit
of the Company.

c) You will not use any Confidential Information (defined in the


Employment Agreement) in any manner for your benefit or copy or
publish or otherwise disclose it to others for their benefit or to the
detriment of the Company after the termination of your employment
with the Company, without the prior written consent of the
management of the Company.

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© Addictive Learning Technology Pvt. Ltd. Any unauthorized use, circulation or reproduction shall attract suitable action
under applicable law.
d) Until such time that you return and destroy Confidential Information,
the Company will, in addition to initiating legal proceedings for
recovery of the same, be entitled to withhold your salary, emoluments
or other dues. The Company shall claim damages against you for the
potential loss to the business of the Company for the next 5 years due
to breach of your Employment Agreement and the loss of such
Confidential Information.

e) If you fail to have a meeting with the Manager/Supervisor, formally


handover all the materials furnished to you, including Confidential
Information, and complete the exit formalities, the Company shall
initiate legal action against you for the breach of contractual
obligations. The Company can initiate criminal action against you for
data theft of the materials of the Company, including Confidential
Information. The Company shall claim damages against the Employee
for the potential loss to the business of the Company for the next 5
years due to breach of the Employment Agreement and the loss of
such Confidential Information.

f) Your obligation to maintain the confidentiality and security of


Confidential Information of the Company remains even after your
employment with the Company is terminated and continues for so long
as such Confidential Information remains a trade secret.

We hope that you had a fruitful journey with us and we hope to maintain an
amicable relationship with you in the future. We wish you luck for your future
endeavors.

For ___________________ Ltd.

(Signature)

Designation: HR

(Signature)

[Insert Name of the Employee]

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© Addictive Learning Technology Pvt. Ltd. Any unauthorized use, circulation or reproduction shall attract suitable action
under applicable law.

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