The Non-Disclosure, Non-Use, and Non-Circumvention Agreement is essential for businesses operating in New Zealand who need to protect their confidential information and business relationships during negotiations, partnerships, or potential deals. This document is particularly crucial when sharing sensitive commercial information, trade secrets, or business opportunities with potential partners, investors, or service providers. It combines standard confidentiality protections with specific provisions preventing the unauthorized use of information and the circumvention of business relationships. The agreement is structured to comply with New Zealand legal requirements, including the Contract and Commercial Law Act 2017 and Fair Trading Act 1986, providing comprehensive protection and clear enforcement mechanisms under New Zealand jurisdiction.
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1. Parties: Identifies and defines all parties to the agreement, including full legal names and addresses
2. Background: Explains the context of the agreement, the business relationship between the parties, and the purpose of sharing confidential information
3. Definitions: Defines key terms including 'Confidential Information', 'Non-Circumvention', 'Authorized Purpose', and other relevant terms
4. Confidentiality Obligations: Details the obligations to maintain confidentiality, including specific protection measures and handling requirements
5. Permitted Use and Restrictions: Specifies authorized uses of confidential information and explicit restrictions on unauthorized use
6. Non-Circumvention Obligations: Prohibits direct or indirect circumvention of business relationships, opportunities, or contacts
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 termination or request
9. Breach and Remedies: Outlines consequences of breach and available remedies including injunctive relief
10. General Provisions: Standard clauses including governing law, jurisdiction, entire agreement, and amendments
1. Authorized Representatives: Names specific individuals authorized to receive and handle confidential information. Include when information access needs to be strictly controlled
2. Security Protocols: Specific technical or physical security measures required. Include for highly sensitive information or regulated industries
3. Third Party Disclosure: Conditions for sharing information with authorized third parties. Include when third-party access may be necessary
4. Intellectual Property Rights: Explicit provisions regarding IP ownership and rights. Include when confidential information includes IP
5. Non-Solicitation: Prevents poaching of employees or customers. Include when there's significant risk of talent or customer poaching
6. Audit Rights: Rights to audit compliance with the agreement. Include for high-value or high-risk relationships
7. Insurance Requirements: Specific insurance coverage requirements. Include for high-value confidential information
8. Data Privacy Compliance: Specific obligations regarding personal data protection. Include when confidential information includes personal data
1. Schedule 1 - Confidential Information: Detailed description of the confidential information covered by the agreement
2. Schedule 2 - Authorized Representatives: List of individuals authorized to receive and handle confidential information
3. Schedule 3 - Restricted Relationships: Specific business relationships, contacts, or opportunities subject to non-circumvention
4. Schedule 4 - Security Protocols: Detailed security measures and procedures for handling confidential information
5. Schedule 5 - Approved Third Parties: List of pre-approved third parties who may receive confidential information
6. Appendix A - Notice Requirements: Contact details and procedures for serving notices under the agreement
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