This Non-Disclosure Non-Circumvention Agreement is essential for businesses and individuals operating in New Zealand who need to protect sensitive information and valuable business relationships. It is particularly relevant when sharing confidential information during business negotiations, joint ventures, or potential partnerships, while also preventing parties from bypassing each other to directly pursue disclosed business opportunities. The agreement complies with New Zealand law and is commonly used in situations involving business development, investment opportunities, intellectual property discussions, or strategic partnerships. It provides legal recourse under New Zealand jurisdiction if confidential information is misused or if business relationships are circumvented.
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1. Parties: Identifies and provides full details of all parties to the agreement
2. Background: Explains the context of the relationship and purpose of the agreement
3. Definitions: Defines key terms including 'Confidential Information', 'Business Opportunity', and 'Circumvention'
4. Confidentiality Obligations: Details the obligations to maintain confidentiality, including specific prohibited actions and required protection measures
5. Non-Circumvention Obligations: Specifies restrictions on bypassing or dealing directly with disclosed contacts, clients, or business opportunities
6. Permitted Disclosures: Outlines circumstances where disclosure is permitted (e.g., to employees, legal advisors, with consent)
7. Term and Survival: Specifies the duration of the agreement and which obligations survive termination
8. Return or Destruction of Confidential Information: Procedures for handling confidential information upon request or termination
9. Breach and Remedies: Specifies consequences of breach and available remedies including injunctive relief
10. General Provisions: Standard clauses including governing law, jurisdiction, entire agreement, and variation
1. Intellectual Property Rights: Additional provisions protecting IP rights when confidential information includes IP - use when sharing technical information or trade secrets
2. Data Protection: Specific obligations regarding personal data protection - include when confidential information includes personal data
3. Non-Solicitation: Prevents poaching of employees or contractors - add when sharing information about human resources
4. Security Measures: Specific technical and organizational measures required for protecting information - include for digital assets or highly sensitive information
5. Publicity: Restrictions on public announcements about the relationship - useful for high-profile or sensitive business relationships
6. Insurance: Requirements for insurance coverage - include for high-value or high-risk information sharing
7. Assignment and Subcontracting: Rules about transferring rights or obligations - include when working with larger organizations
1. Schedule 1 - Confidential Information: Detailed description of the confidential information covered by the agreement
2. Schedule 2 - Authorized Recipients: List of individuals or roles authorized to receive the confidential information
3. Schedule 3 - Business Opportunities: Description of specific business opportunities covered by non-circumvention provisions
4. Schedule 4 - Security Protocols: Specific security measures and protocols required for protecting the confidential information
5. Appendix A - Confidentiality Acknowledgment Form: Form to be signed by authorized recipients of confidential information
Relevant legal definitions
Confidential Information
Business Opportunity
Circumvention
Disclosing Party
Receiving Party
Authorized Purpose
Authorized Recipients
Business Relationship
Confidential Materials
Contact
Disclosed Contacts
Effective Date
Group
Intellectual Property Rights
Payment Terms
Permitted Purpose
Personal Information
Protected Business
Representatives
Security Requirements
Sensitive Information
Term
Territory
Trade Secrets
Unauthorized Disclosure
Related Entities
Affiliate
Associated Person
Business Day
Confidentiality Period
Non-Circumvention Period
Business Opportunity
Circumvention
Disclosing Party
Receiving Party
Authorized Purpose
Authorized Recipients
Business Relationship
Confidential Materials
Contact
Disclosed Contacts
Effective Date
Group
Intellectual Property Rights
Payment Terms
Permitted Purpose
Personal Information
Protected Business
Representatives
Security Requirements
Sensitive Information
Term
Territory
Trade Secrets
Unauthorized Disclosure
Related Entities
Affiliate
Associated Person
Business Day
Confidentiality Period
Non-Circumvention Period
Clauses
Confidentiality
Non-Circumvention
Non-Disclosure
Permitted Use
Term and Termination
Return of Information
Breach and Remedies
Injunctive Relief
Indemnification
Non-Solicitation
Intellectual Property
Data Protection
Security Measures
Notice Requirements
Assignment
Governing Law
Dispute Resolution
Severability
Entire Agreement
Amendment
Force Majeure
Survival
Third Party Rights
Counterparts
Costs
Waiver
Interpretation
Representations and Warranties
Non-Circumvention
Non-Disclosure
Permitted Use
Term and Termination
Return of Information
Breach and Remedies
Injunctive Relief
Indemnification
Non-Solicitation
Intellectual Property
Data Protection
Security Measures
Notice Requirements
Assignment
Governing Law
Dispute Resolution
Severability
Entire Agreement
Amendment
Force Majeure
Survival
Third Party Rights
Counterparts
Costs
Waiver
Interpretation
Representations and Warranties
Relevant Industries
Technology and Software
Financial Services
Professional Services
Manufacturing
Research and Development
Healthcare
Real Estate
Energy
Telecommunications
Marketing and Advertising
Biotechnology
Intellectual Property
Mergers and Acquisitions
International Trade
Relevant Teams
Legal
Business Development
Executive Leadership
Research and Development
Procurement
Finance
Mergers and Acquisitions
Innovation
Commercial Operations
Strategic Planning
Sales
Information Technology
Intellectual Property
Relevant Roles
Chief Executive Officer
Business Development Manager
Legal Counsel
Chief Financial Officer
Investment Manager
Strategic Partnerships Director
Research and Development Director
Intellectual Property Manager
Chief Technology Officer
Procurement Manager
Merger & Acquisition Specialist
Commercial Director
Innovation Manager
Project Manager
Sales Director
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