This Non-Disclosure Agreement Property template is designed for use in Australian property transactions where confidential information needs to be shared between parties. It is particularly relevant when dealing with sensitive information relating to property acquisitions, developments, or investments within Australia. The document should be used whenever parties need to exchange confidential information about property matters, including but not limited to property valuations, development plans, financial projections, tenant information, or commercial strategies. The agreement complies with Australian federal and state legislation, including relevant property laws, privacy regulations, and contract law principles. It provides comprehensive protection for confidential information while facilitating necessary information sharing for property-related business purposes.
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1. Parties: Identifies and provides full details of all parties entering into the agreement
2. Background: Explains the context and purpose of the agreement, including the property-related matters requiring confidentiality
3. Definitions: Defines key terms used in the agreement, including 'Confidential Information', 'Property', 'Permitted Purpose', and other relevant terms
4. Confidential Information: Specifies what constitutes confidential information relating to the property, including documents, plans, financial information, and negotiations
5. Obligations of Confidentiality: Details the core confidentiality obligations, including non-disclosure, security measures, and handling of confidential information
6. Permitted Use and Disclosure: Specifies how the recipient may use the confidential information and to whom it may be disclosed
7. Security Measures: Outlines the required security measures for protecting confidential information
8. Return or Destruction of Information: Specifies requirements for returning or destroying confidential information when requested or when the agreement ends
9. Term and Termination: Specifies how long the agreement remains in force and how it can be terminated
10. Breach and Remedies: Details what constitutes a breach and the available remedies, including injunctive relief
11. General Provisions: Standard boilerplate clauses including governing law, jurisdiction, and entire agreement
1. Third Party Disclosure: Include when the recipient needs to share information with specific third parties such as advisors or agents
2. Intellectual Property: Include when the confidential information includes IP rights related to the property
3. Insurance Requirements: Include when specific insurance coverage is required for handling confidential information
4. Data Privacy Compliance: Include when personal information is part of the confidential information
5. Publicity and Announcements: Include when there's a need to control public statements about the property or transaction
6. Survival of Obligations: Include when certain obligations need to survive the termination of the agreement
7. Competition and Anti-Trust: Include when parties are competitors or when information sharing could raise competition concerns
1. Schedule 1 - Property Details: Details of the specific property or properties covered by 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 for handling confidential information
4. Schedule 4 - Permitted Purpose Details: Detailed description of the permitted purpose for which confidential information may be used
5. Appendix A - Form of Confidentiality Undertaking: Template for confidentiality undertaking to be signed by authorized representatives
6. Appendix B - Document Return/Destruction Certificate: Template certificate confirming return or destruction of confidential information
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