The Non-Circumvention Agreement is essential in today's interconnected business environment, particularly in the Philippines where business relationships and intermediary services play a crucial role in commercial transactions. This document is typically used when parties are engaged in business introductions, deal-making, or when sharing valuable contacts and opportunities. It prevents the circumvention of intermediaries and protects commission structures, particularly important in industries such as real estate, international trade, and business consulting. The agreement, governed by Philippine law, includes provisions for confidentiality, defines protected relationships, establishes compensation mechanisms, and outlines remedies for breach. It's particularly relevant in situations where business opportunities are developed through networks and introductions, ensuring that all parties are properly compensated for their role in facilitating business relationships.
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1. Parties: Identifies all parties to the agreement, including full legal names and addresses
2. Background: Explains the context of the business relationship and purpose of the agreement
3. Definitions: Defines key terms used throughout the agreement, including 'Confidential Information', 'Business Opportunity', and 'Circumvention'
4. Non-Circumvention Obligations: Core provisions detailing the parties' obligations not to bypass, avoid, or circumvent each other in business dealings
5. Confidentiality Obligations: Provisions regarding the protection and non-disclosure of confidential information shared between parties
6. Term and Duration: Specifies the duration of the agreement and any survival provisions
7. Compensation and Commission Protection: Outlines the agreed compensation structure and protection of commission rights
8. Breach and Remedies: Details what constitutes a breach and the available remedies, including injunctive relief
9. Governing Law and Jurisdiction: Specifies Philippine law as governing law and sets jurisdiction for dispute resolution
10. General Provisions: Standard boilerplate clauses including severability, entire agreement, and amendments
1. Specific Territory Restrictions: Used when the non-circumvention obligations are limited to specific geographic areas or markets
2. Third Party Introduction Protocols: Include when parties regularly introduce business contacts to each other and need formal procedures
3. Digital Communications Protocol: Add when significant business communications occur through digital channels
4. Arbitration Clause: Optional alternative dispute resolution mechanism to court proceedings
5. Non-Competition Provisions: Include when parties want to restrict competitive activities beyond basic circumvention
6. Force Majeure: Add when parties want to address circumstances beyond their control affecting performance
1. Schedule A - Protected Relationships: List of specific business relationships, contacts, or opportunities protected under the agreement
2. Schedule B - Commission Structure: Detailed breakdown of commission rates and payment terms if applicable
3. Schedule C - Territorial Scope: Detailed description of geographic territories covered by the agreement
4. Appendix 1 - Confidential Information: Specific categories or examples of confidential information covered
5. Appendix 2 - Authorized Representatives: List of individuals authorized to receive confidential information or conduct protected business dealings
Authors
Relevant legal definitions
Clauses
Relevant Industries
Real Estate
International Trade
Manufacturing
Financial Services
Technology
Professional Services
Import/Export
Wholesale Distribution
Investment Banking
Business Consulting
Commodities Trading
Construction
Telecommunications
Energy
Healthcare
Relevant Teams
Business Development
Legal
Commercial
Sales
Procurement
Strategic Partnerships
International Business
Operations
Compliance
Finance
Executive Leadership
Contract Administration
Relevant Roles
Business Development Manager
Chief Executive Officer
Managing Director
Sales Director
Investment Manager
Business Broker
Commercial Director
Strategic Partnerships Manager
International Trade Manager
Procurement Manager
Business Consultant
Deal Originator
Contract Manager
Chief Commercial Officer
Business Operations Manager
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