The Non-Circumvention Agreement is essential in business transactions where parties need to protect their valuable business relationships, contacts, and opportunities from being circumvented or directly approached by other parties. This document is particularly crucial in the Indian business context, where relationship-based business practices are common, and the protection of business intermediary relationships is vital. The agreement typically includes detailed provisions about protected relationships, specific prohibited actions, confidentiality obligations, and enforcement mechanisms under Indian law. It is commonly used in situations involving business introductions, deal facilitation, or when sharing sensitive business opportunities. The document ensures compliance with Indian contract law while providing robust protection for business interests and relationships.
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1. Parties: Identifies all parties to the agreement, including full legal names and addresses
2. Background: Explains the context of the agreement, the business relationship between the parties, and the purpose of the non-circumvention arrangement
3. Definitions: Defines key terms used in the agreement, including 'Circumvention', 'Protected Relationships', 'Confidential Information', and 'Business Opportunity'
4. Scope of Agreement: Outlines the specific business relationships, opportunities, or transactions covered by the agreement
5. Non-Circumvention Obligations: Details specific prohibited actions and behaviors regarding direct/indirect business dealings with protected relationships
6. Confidentiality Obligations: Specifies obligations regarding the protection and non-disclosure of confidential information
7. Term and Duration: Specifies how long the non-circumvention obligations will remain in effect
8. Breach and Remedies: Outlines consequences of breach and available remedies, including injunctive relief and damages
9. Governing Law and Jurisdiction: Specifies that Indian law governs the agreement and establishes jurisdiction for dispute resolution
10. General Provisions: Standard contractual provisions including severability, entire agreement, and amendments
1. Commission Structure: Used when parties agree to split commissions or fees for introduced business opportunities
2. Non-Solicitation: Additional provisions preventing solicitation of employees or clients, included when there's direct business interaction
3. Dispute Resolution: Detailed arbitration or mediation procedures, included for complex business relationships
4. Territory Restrictions: Geographical limitations of the agreement, included when business opportunities are territory-specific
5. Assignment Rights: Provisions regarding the right to assign the agreement, included for corporate transactions
6. Survival Clause: Specifies which obligations survive termination, included for enhanced protection
1. Schedule A - Protected Relationships: List of specific individuals, companies, or contacts protected under the agreement
2. Schedule B - Protected Business Opportunities: Description of specific business opportunities or deals covered by the agreement
3. Schedule C - Confidential Information: Detailed description of specific confidential information protected under the agreement
4. Appendix 1 - Commission Structure: Detailed breakdown of commission splits and payment terms, if applicable
5. Appendix 2 - Authorized Representatives: List of authorized representatives who may act on behalf of each party
Relevant legal definitions
Agreement
Business Opportunity
Circumvention
Confidential Information
Disclosing Party
Effective Date
Protected Party
Protected Relationship
Receiving Party
Related Entity
Representatives
Term
Territory
Transaction
Affiliate
Business Contact
Commission
Intellectual Property Rights
Introduction
Principal
Direct Contact
Indirect Contact
Business Purpose
Authorized Representative
Group Company
Trade Secrets
Material Breach
Competitive Activity
Intermediary Services
Fee Structure
Business Opportunity
Circumvention
Confidential Information
Disclosing Party
Effective Date
Protected Party
Protected Relationship
Receiving Party
Related Entity
Representatives
Term
Territory
Transaction
Affiliate
Business Contact
Commission
Intellectual Property Rights
Introduction
Principal
Direct Contact
Indirect Contact
Business Purpose
Authorized Representative
Group Company
Trade Secrets
Material Breach
Competitive Activity
Intermediary Services
Fee Structure
Clauses
Interpretation
Non-Circumvention
Confidentiality
Term and Duration
Protected Relationships
Commission Rights
Non-Solicitation
Non-Disclosure
Good Faith
Representations and Warranties
Breach and Remedies
Indemnification
Dispute Resolution
Governing Law
Force Majeure
Assignment
Notices
Severability
Entire Agreement
Amendment
Waiver
Counterparts
Survival
Territory Restrictions
Third Party Rights
Non-Circumvention
Confidentiality
Term and Duration
Protected Relationships
Commission Rights
Non-Solicitation
Non-Disclosure
Good Faith
Representations and Warranties
Breach and Remedies
Indemnification
Dispute Resolution
Governing Law
Force Majeure
Assignment
Notices
Severability
Entire Agreement
Amendment
Waiver
Counterparts
Survival
Territory Restrictions
Third Party Rights
Relevant Industries
Real Estate
Investment Banking
Private Equity
Business Consulting
International Trade
Technology
Manufacturing
Mergers & Acquisitions
Commercial Brokerage
Energy & Resources
Healthcare
Professional Services
Relevant Teams
Legal
Business Development
Corporate Development
Commercial Operations
Strategic Partnerships
Executive Leadership
Mergers & Acquisitions
International Business
Deal Advisory
Compliance
Relevant Roles
Chief Executive Officer
Business Development Manager
Managing Director
Commercial Director
Investment Manager
Business Broker
Strategic Partnership Manager
Deal Originator
Corporate Development Officer
Business Consultant
Merger & Acquisition Specialist
Chief Commercial Officer
International Business Manager
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