The Confidentiality Agreement Indemnity is essential in business transactions where sensitive information needs to be shared while maintaining robust protection mechanisms. This document is particularly relevant in New Zealand business contexts where parties need to establish both confidentiality obligations and clear indemnification provisions. It is commonly used in commercial transactions, joint ventures, professional service engagements, and technology partnerships where valuable proprietary information is shared. The agreement ensures compliance with New Zealand privacy and contract law while providing specific remedies and risk allocation mechanisms through indemnification clauses. It is designed to protect against unauthorized disclosure, misuse of confidential information, and establish clear procedures for handling potential breaches.
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1. Parties: Identification and details of all parties to the agreement
2. Background: Context of the agreement and relationship between the parties
3. Definitions: Detailed definitions of key terms, including 'Confidential Information', 'Permitted Purpose', and 'Indemnified Parties'
4. Confidentiality Obligations: Core obligations regarding the protection and non-disclosure of confidential information
5. Permitted Uses and Disclosures: Specified circumstances under which confidential information may be used or disclosed
6. Security Measures: Required security measures for protecting confidential information
7. Indemnification: Specific indemnification obligations, including scope, limitations, and process
8. Term and Survival: Duration of the agreement and provisions that survive termination
9. Return or Destruction of Information: Requirements for handling confidential information upon termination
10. Breach and Remedies: Consequences of breach and available remedies
11. General Provisions: Standard contractual provisions including governing law, jurisdiction, and entire agreement
1. Intellectual Property Rights: Additional provisions protecting IP rights when confidential information includes intellectual property
2. Data Protection Compliance: Specific provisions for compliance with privacy laws when personal information is involved
3. Third Party Rights: Provisions regarding the rights of third parties affected by the agreement
4. Insurance Requirements: Specific insurance obligations related to the indemnification provisions
5. Alternative Dispute Resolution: Procedures for resolving disputes through mediation or arbitration
6. Force Majeure: Provisions for handling circumstances beyond parties' control
7. Assignment and Succession: Rules regarding transfer of rights and obligations
8. Monitoring and Audit Rights: Rights to audit compliance with confidentiality obligations
1. Schedule 1 - Confidential Information: Detailed list or categories of information deemed confidential
2. Schedule 2 - Authorized Representatives: List of individuals authorized to receive or handle confidential information
3. Schedule 3 - Security Protocols: Specific security measures and procedures to be followed
4. Schedule 4 - Indemnification Procedures: Detailed procedures for making and handling indemnification claims
5. Appendix A - Notification Requirements: Forms and procedures for mandatory notifications
6. Appendix B - Destruction Certificate: Template certificate confirming destruction of confidential information
Relevant legal definitions
Agreement
Authorized Purpose
Authorized Recipients
Business Day
Claim
Confidential Information
Confidentiality Obligations
Disclosing Party
Effective Date
Excluded Information
Force Majeure Event
Indemnified Losses
Indemnified Party
Indemnifying Party
Intellectual Property Rights
Loss
Material Breach
Notice
Permitted Disclosure
Personal Information
Protected Information
Recipient
Related Entity
Representatives
Security Breach
Security Requirements
Subsidiary
Term
Third Party Claim
Unauthorized Disclosure
Authorized Purpose
Authorized Recipients
Business Day
Claim
Confidential Information
Confidentiality Obligations
Disclosing Party
Effective Date
Excluded Information
Force Majeure Event
Indemnified Losses
Indemnified Party
Indemnifying Party
Intellectual Property Rights
Loss
Material Breach
Notice
Permitted Disclosure
Personal Information
Protected Information
Recipient
Related Entity
Representatives
Security Breach
Security Requirements
Subsidiary
Term
Third Party Claim
Unauthorized Disclosure
Clauses
Confidentiality
Non-Disclosure
Indemnification
Liability
Information Security
Data Protection
Term and Termination
Breach and Remedies
Return of Information
Permitted Use
Authorized Disclosure
Representatives
Intellectual Property
Dispute Resolution
Governing Law
Notice Requirements
Assignment
Survival
Force Majeure
Severability
Entire Agreement
Amendment
Waiver
Third Party Rights
Counterparts
Costs
Good Faith
Compliance with Laws
Non-Disclosure
Indemnification
Liability
Information Security
Data Protection
Term and Termination
Breach and Remedies
Return of Information
Permitted Use
Authorized Disclosure
Representatives
Intellectual Property
Dispute Resolution
Governing Law
Notice Requirements
Assignment
Survival
Force Majeure
Severability
Entire Agreement
Amendment
Waiver
Third Party Rights
Counterparts
Costs
Good Faith
Compliance with Laws
Relevant Industries
Technology
Financial Services
Healthcare
Manufacturing
Professional Services
Research & Development
Biotechnology
Energy
Telecommunications
Real Estate
Education
Legal Services
Engineering
Pharmaceuticals
Mining and Resources
Relevant Teams
Legal
Compliance
Risk Management
Information Security
Executive Leadership
Human Resources
Information Technology
Research and Development
Operations
Procurement
Finance
Business Development
Intellectual Property
Corporate Affairs
Data Protection
Relevant Roles
Chief Executive Officer
Chief Legal Officer
General Counsel
Legal Counsel
Compliance Officer
Risk Manager
Chief Technology Officer
Chief Information Officer
Project Manager
Business Development Manager
Research Director
Human Resources Director
Information Security Manager
Operations Manager
Contract Manager
Procurement Manager
Chief Financial Officer
Investment Manager
Partnership Director
Intellectual Property Manager
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