The Non-Disclosure, Non-Circumvention, and Non-Competition Agreement is essential for businesses seeking comprehensive protection of their confidential information, business relationships, and competitive advantage. This agreement is particularly relevant in the United States where trade secret protection is governed by both federal and state laws. It is commonly used when engaging employees, contractors, or business partners who will have access to sensitive information or business opportunities. The agreement must be carefully drafted to ensure enforceability across different state jurisdictions, especially regarding non-compete provisions which face varying levels of restriction by state.
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Key Requirements PROMPT example:
Non Disclosure Non Circumvention And Non Competition Agreement
"I need a Non Disclosure Non Circumvention And Non Competition Agreement for a senior software developer joining my AI startup in March 2025, with specific provisions to protect our machine learning algorithms and client relationships across the United States and Canada."
1. Parties: Identification of all parties to the agreement
2. Background: Context and purpose of the agreement
3. Definitions: Key terms used throughout the agreement including Confidential Information, Restricted Business, Territory
4. Confidentiality Obligations: Scope of confidential information and detailed protection requirements, including use restrictions and security measures
5. Non-Circumvention Provisions: Restrictions on bypassing the disclosing party or directly engaging with their business relationships
6. Non-Competition Provisions: Scope, duration, and geographic limitations of competition restrictions, including specific prohibited activities
7. Term and Termination: Duration of agreement and conditions for termination, including notice requirements
8. Governing Law: Applicable jurisdiction and dispute resolution mechanisms
1. Consideration: Details of any payment or value exchange when specific consideration beyond employment is provided
2. Return of Materials: Procedures for returning or destroying confidential information and verification requirements
3. Survival Clause: Provisions that continue after termination of the agreement
4. Assignment Rights: Rights and restrictions regarding the assignment of the agreement to other parties
5. Severability: Provisions for maintaining validity of remaining clauses if certain provisions are found unenforceable
1. Schedule A - Confidential Information: Detailed list and categories of protected information types
2. Schedule B - Restricted Activities: Specific activities prohibited under the non-compete provisions
3. Schedule C - Geographic Restrictions: Detailed description or map of territories where non-compete applies
4. Schedule D - Consideration Details: Breakdown of any payments, benefits, or other consideration provided under the agreement
Authors
Relevant legal definitions
Agreement
Confidential Information
Trade Secrets
Proprietary Information
Intellectual Property
Disclosing Party
Receiving Party
Affiliated Companies
Business Opportunity
Business Relationship
Competitive Activity
Restricted Period
Territory
Permitted Purpose
Representatives
Effective Date
Term
Circumvention
Restricted Business
Competing Business
Protected Customers
Protected Suppliers
Business Contact
Material Interest
Termination Date
Confidential Information
Trade Secrets
Proprietary Information
Intellectual Property
Disclosing Party
Receiving Party
Affiliated Companies
Business Opportunity
Business Relationship
Competitive Activity
Restricted Period
Territory
Permitted Purpose
Representatives
Effective Date
Term
Circumvention
Restricted Business
Competing Business
Protected Customers
Protected Suppliers
Business Contact
Material Interest
Termination Date
Clauses
Confidentiality
Non-Disclosure
Non-Circumvention
Non-Competition
Non-Solicitation
Term and Duration
Permitted Use
Return of Information
Protection Measures
Notice Requirements
Remedies
Injunctive Relief
Severability
Survival
Assignment
Amendment
Governing Law
Jurisdiction
Dispute Resolution
Force Majeure
Indemnification
Waiver
Entire Agreement
Counterparts
Third Party Rights
Non-Disclosure
Non-Circumvention
Non-Competition
Non-Solicitation
Term and Duration
Permitted Use
Return of Information
Protection Measures
Notice Requirements
Remedies
Injunctive Relief
Severability
Survival
Assignment
Amendment
Governing Law
Jurisdiction
Dispute Resolution
Force Majeure
Indemnification
Waiver
Entire Agreement
Counterparts
Third Party Rights
Relevant Industries
Relevant Teams
Relevant Roles
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