The Non-Disclosure Waiver is essential in modern business transactions where confidential information needs to be shared between parties while maintaining its protected status. This document type is particularly relevant in New Zealand's business environment, where companies frequently engage in collaborative ventures, due diligence processes, or service provider relationships requiring the exchange of sensitive information. The Non-Disclosure Waiver establishes the framework for sharing confidential information, including trade secrets, proprietary technology, customer data, and business strategies, while ensuring compliance with New Zealand's privacy and contract laws. It is commonly used during business negotiations, potential partnerships, mergers and acquisitions, or when engaging external consultants or service providers who need access to sensitive company information.
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1. Parties: Identifies all parties to the agreement, including full legal names and addresses
2. Background: Explains the context and purpose of the agreement, including the nature of the business relationship
3. Definitions: Defines key terms used throughout the agreement, particularly 'Confidential Information', 'Permitted Purpose', and 'Representatives'
4. Scope of Confidential Information: Clearly identifies what constitutes confidential information under the agreement
5. Obligations of Confidentiality: Details the core confidentiality obligations and standard of care required
6. Permitted Use and Disclosure: Specifies allowed uses of confidential information and circumstances under which disclosure is permitted
7. Security Measures: Outlines required security measures for protecting confidential information
8. Return or Destruction of Confidential Information: Procedures for handling confidential information upon termination or request
9. Term and Termination: Duration of the agreement and circumstances for termination
10. Breach and Remedies: Consequences of breach and available remedies
11. General Provisions: Standard boilerplate clauses including governing law, jurisdiction, and entire agreement
1. Intellectual Property Rights: Additional provisions protecting IP rights when confidential information includes IP - used when sharing technical information or trade secrets
2. Representatives and Third Parties: Detailed provisions for when confidential information needs to be shared with employees or advisors - used in complex business relationships
3. Competing Projects: Provisions addressing work on similar projects - used when parties are in the same industry
4. Data Privacy Compliance: Specific provisions for compliance with privacy laws - used when confidential information includes personal data
5. Export Control: Provisions for international transfer of information - used in cross-border arrangements
6. Publicity and Announcements: Controls on public statements about the relationship - used in high-profile or sensitive arrangements
7. Survival of Obligations: Specific terms about which obligations continue after termination - used in long-term or complex relationships
1. Schedule 1 - Specified Confidential Information: Detailed list or categories of confidential information 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 required for handling confidential information
4. Appendix A - Form of Confidentiality Undertaking: Template confidentiality undertaking for representatives or third parties who need access to confidential information
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