Non Disclosure Non Circumvention And Non Competition Agreement for Nigeria

Non Disclosure Non Circumvention And Non Competition Agreement Template for Nigeria

This comprehensive legal agreement, governed by Nigerian law, combines three crucial protective elements: non-disclosure provisions to safeguard confidential information, non-circumvention clauses to prevent parties from bypassing each other in business dealings, and non-competition restrictions to protect legitimate business interests. The document is structured to comply with Nigerian constitutional rights, contract law principles, and competition regulations, while providing robust protection for business relationships, trade secrets, and competitive advantages. It includes specific provisions for enforcement under Nigerian jurisdiction and considers local business practices and legal requirements.

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What is a Non Disclosure Non Circumvention And Non Competition Agreement?

The Non-Disclosure, Non-Circumvention, and Non-Competition Agreement is essential in Nigerian business transactions where parties need to protect sensitive information and business relationships while exploring potential collaborations. This document is particularly relevant in Nigeria's dynamic business environment, where protection of trade secrets and business relationships is paramount. It is designed to comply with Nigerian legal requirements while providing comprehensive protection through three key components: confidentiality obligations, prevention of business relationship circumvention, and competitive activity restrictions. The agreement is commonly used in situations such as business negotiations, joint ventures, employee relationships, and consultant engagements, where parties need to share sensitive information while maintaining business advantages. It includes specific provisions for enforcement under Nigerian law and considers local business practices and regulatory requirements.

What sections should be included in a Non Disclosure Non Circumvention And Non Competition Agreement?

1. Parties: Identification of the parties entering into the agreement, including full legal names, addresses, and registration details for companies

2. Background: Context of the agreement, nature of the business relationship, and purpose of entering into these restrictive covenants

3. Definitions: Detailed definitions of key terms including Confidential Information, Restricted Business, Territory, and other relevant terms

4. Confidentiality Obligations: Detailed provisions regarding the protection, non-disclosure, and permitted uses of confidential information

5. Non-Circumvention Obligations: Provisions preventing parties from bypassing each other in business dealings or directly approaching identified business contacts

6. Non-Competition Obligations: Restrictions on competitive activities, including scope, duration, and geographical limitations

7. Duration and Survival: Term of the agreement and which provisions survive termination

8. Return of Confidential Information: Obligations regarding the return or destruction of confidential information

9. Breach and Remedies: Consequences of breach and available remedies including injunctive relief

10. Notice Requirements: Procedures for giving formal notices under the agreement

11. General Provisions: Standard contractual provisions including governing law, jurisdiction, entire agreement, and amendments

What sections are optional to include in a Non Disclosure Non Circumvention And Non Competition Agreement?

1. Intellectual Property Rights: Specific provisions protecting intellectual property rights when the confidential information includes IP

2. Non-Solicitation: Additional restrictions on soliciting employees, customers, or suppliers, used when there's direct exposure to these stakeholders

3. Assignment and Succession: Rules about transferring rights under the agreement, particularly relevant for corporate parties

4. Independent Contractor Relationship: Clarification of relationship between parties when not employer-employee

5. Dispute Resolution: Alternative dispute resolution procedures like mediation or arbitration, useful for international parties

6. Data Protection: Specific provisions regarding personal data protection when confidential information includes personal data

7. Force Majeure: Provisions for unforeseen circumstances preventing performance, particularly relevant in long-term relationships

What schedules should be included in a Non Disclosure Non Circumvention And Non Competition Agreement?

1. Schedule 1 - Confidential Information: Detailed list or categories of information considered confidential under the agreement

2. Schedule 2 - Restricted Territory: Specific geographical areas where non-compete and non-circumvention obligations apply

3. Schedule 3 - Restricted Business Activities: Detailed description of business activities covered by non-compete provisions

4. Schedule 4 - Protected Business Relationships: List of specific business contacts, customers, or suppliers covered by non-circumvention provisions

5. Schedule 5 - Authorized Representatives: List of individuals authorized to receive or handle confidential information

6. Appendix A - Security Protocols: Specific procedures for handling and protecting confidential information

7. Appendix B - Reporting Requirements: Forms and procedures for reporting potential breaches or required disclosures

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Jurisdiction

Nigeria

Publisher

Genie AI

Cost

Free to use
Relevant legal definitions
Relevant Industries

Technology and Software Development

Oil and Gas

Financial Services

Manufacturing

Professional Services

Healthcare

Telecommunications

Real Estate Development

Mining and Natural Resources

E-commerce

Retail

Education and Training

Consulting Services

Agriculture and Agribusiness

Media and Entertainment

Relevant Teams

Legal

Human Resources

Executive Leadership

Business Development

Research and Development

Information Technology

Operations

Sales and Marketing

Finance

Strategy and Planning

Procurement

Corporate Development

Innovation

Compliance

Project Management

Relevant Roles

Chief Executive Officer

Business Development Manager

Legal Counsel

Chief Technology Officer

Project Manager

Investment Manager

Human Resources Director

Operations Manager

Research and Development Director

Sales Director

Strategy Consultant

Product Manager

Chief Financial Officer

Partnership Manager

Innovation Director

Industries
Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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