The Non Disclosure Agreement Cost is a specialized confidentiality agreement designed for situations where organizations need to share sensitive cost-related information with external parties. This document is particularly relevant in the Australian business context where companies need to disclose pricing structures, cost models, profit margins, or financial projections to contractors, consultants, or business partners. The agreement ensures that all shared cost information remains confidential and is used only for specified purposes, while complying with Australian legal requirements. It's commonly used during tender processes, business valuations, joint ventures, or when engaging external consultants who need access to detailed cost information. The document includes specific provisions for handling financial data, establishing security measures, and defining the scope of permitted use, making it essential for protecting commercially sensitive cost information.
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1. Parties: Identification of all parties to the agreement, including full legal names and addresses
2. Background: Context of the agreement, relationship between parties, and purpose of sharing confidential information
3. Definitions: Detailed definitions of key terms, especially 'Confidential Information', 'Permitted Purpose', and 'Representatives'
4. Confidentiality Obligations: Core obligations regarding the protection, non-disclosure, and restricted use of confidential information
5. Permitted Disclosures: Circumstances under which confidential information may be disclosed, including to representatives and as required by law
6. Security Measures: Required measures to protect and secure confidential information
7. Return or Destruction: Obligations regarding the return or destruction of confidential information upon request or termination
8. Term and Survival: Duration of the agreement and which obligations survive termination
9. Breach and Remedies: Consequences of breach and available remedies including injunctive relief
10. General Provisions: Standard boilerplate clauses including governing law, jurisdiction, and entire agreement
1. Intellectual Property Rights: Section clarifying ownership and protection of IP rights when confidential information includes intellectual property
2. Non-Solicitation: Restrictions on soliciting employees or clients, included when there's risk of poaching
3. Data Privacy Compliance: Specific obligations regarding personal data protection, required when confidential information includes personal data
4. Competitive Activities: Restrictions on competitive activities, included when sharing commercially sensitive information
5. Assignment and Subcontracting: Rules about transferring rights or obligations, included for complex commercial relationships
6. Representatives' Obligations: Detailed obligations for representatives who will access confidential information, included when multiple people need access
7. Export Control: Compliance with export control laws, included when dealing with international parties or regulated information
1. Schedule 1 - Description of Confidential Information: Detailed list or categories of information considered confidential under the agreement
2. Schedule 2 - Authorized Representatives: List of individuals authorized to receive and handle confidential information
3. Schedule 3 - Security Protocols: Specific security measures and protocols required for protecting confidential information
4. Appendix A - Form of Confidentiality Undertaking: Template confidentiality undertaking for representatives to sign
5. Appendix B - Return/Destruction Certificate: Template certificate confirming return or destruction of confidential information
Relevant legal definitions
Confidential Information
Cost Information
Pricing Information
Financial Models
Permitted Purpose
Representatives
Disclosing Party
Recipient
Authorised Persons
Business Day
Confidential Cost Data
Cost Analysis
Disclosure Period
Related Bodies Corporate
Permitted Disclosures
Project
Profit Margins
Trade Secrets
Cost Structures
Financial Projections
Intellectual Property Rights
Material Breach
Notice
Contract Period
Sensitive Information
Security Requirements
Affiliated Entities
Cost Methodology
Proprietary Information
Contracted Services
Cost Information
Pricing Information
Financial Models
Permitted Purpose
Representatives
Disclosing Party
Recipient
Authorised Persons
Business Day
Confidential Cost Data
Cost Analysis
Disclosure Period
Related Bodies Corporate
Permitted Disclosures
Project
Profit Margins
Trade Secrets
Cost Structures
Financial Projections
Intellectual Property Rights
Material Breach
Notice
Contract Period
Sensitive Information
Security Requirements
Affiliated Entities
Cost Methodology
Proprietary Information
Contracted Services
Clauses
Confidentiality
Non-Disclosure
Cost Information Protection
Permitted Use
Information Security
Data Protection
Return of Information
Destruction of Information
Term and Termination
Surviving Obligations
Breach and Remedies
Intellectual Property
Representatives' Obligations
Notice Requirements
Governing Law
Jurisdiction
Assignment
Severability
Force Majeure
Entire Agreement
Variation
Costs
Dispute Resolution
Indemnification
Non-Solicitation
Compliance with Laws
Third Party Rights
Waiver
Counterparts
Authority
Non-Disclosure
Cost Information Protection
Permitted Use
Information Security
Data Protection
Return of Information
Destruction of Information
Term and Termination
Surviving Obligations
Breach and Remedies
Intellectual Property
Representatives' Obligations
Notice Requirements
Governing Law
Jurisdiction
Assignment
Severability
Force Majeure
Entire Agreement
Variation
Costs
Dispute Resolution
Indemnification
Non-Solicitation
Compliance with Laws
Third Party Rights
Waiver
Counterparts
Authority
Relevant Industries
Construction
Manufacturing
Professional Services
Mining and Resources
Healthcare
Technology
Retail
Financial Services
Engineering
Government and Public Sector
Telecommunications
Transport and Logistics
Relevant Teams
Finance
Procurement
Commercial
Legal
Project Management
Business Development
Supply Chain
Operations
Risk Management
Compliance
Internal Audit
Strategic Planning
Relevant Roles
Chief Financial Officer
Financial Controller
Cost Analyst
Procurement Manager
Project Manager
Business Development Manager
Commercial Manager
Contract Manager
Financial Analyst
Management Consultant
Pricing Specialist
Supply Chain Manager
Business Analyst
Quantity Surveyor
Bid Manager
Finance Director
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