The Non Circumvention Agreement is essential in today's interconnected business environment where protecting business relationships and opportunities is crucial. This document is particularly relevant when parties are sharing valuable contacts, engaging in joint business development, or discussing potential deals where there's a risk of being bypassed. Under Australian law, this agreement provides legal protection against unauthorized direct approaches to shared contacts or opportunities, establishing clear obligations and consequences for breach. It's commonly used in business introductions, joint ventures, and intermediary arrangements where maintaining the integrity of business relationships is paramount. The agreement typically includes provisions for confidentiality, specific prohibited actions, duration of obligations, and remedies available under Australian jurisdiction.
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1. Parties: Identifies and defines all parties to the agreement, including their legal names, addresses, and any relevant corporate details
2. Background: Explains the context of the agreement, the existing business relationship, and the purpose of entering into the non-circumvention arrangement
3. Definitions: Defines key terms used throughout the agreement, including 'Confidential Information', 'Circumvention', 'Business Opportunity', and 'Protected Relationships'
4. Non-Circumvention Obligations: Core section detailing the specific actions parties agree not to take, including direct/indirect circumvention of relationships and business opportunities
5. Confidentiality Obligations: Specifies obligations regarding the handling and protection of confidential information exchanged during business dealings
6. Term and Duration: Specifies how long the agreement remains in effect and any survival provisions
7. Breach and Remedies: Details what constitutes a breach and the consequences, including available remedies and potential liquidated damages
8. Governing Law and Jurisdiction: Specifies that Australian law governs the agreement and designates the jurisdiction for dispute resolution
9. General Provisions: Standard boilerplate clauses including severability, entire agreement, and amendment procedures
1. Commission Structure: Include when the agreement involves specific commission arrangements or fee structures for introduced business
2. Territorial Restrictions: Add when the non-circumvention obligations are limited to specific geographic areas or markets
3. Non-Solicitation: Include when parties wish to prevent solicitation of employees or contractors
4. Dispute Resolution Procedure: Add detailed alternative dispute resolution procedures when parties prefer mediation or arbitration
5. Legitimate Business Exception: Include when certain types of business activities should be exempted from non-circumvention obligations
6. Information Security Requirements: Add when dealing with highly sensitive information requiring specific security measures
7. Group Company Provisions: Include when the agreement needs to cover related entities or group companies
1. Schedule 1 - Protected Relationships: Lists specific business relationships, contacts, or opportunities protected under the agreement
2. Schedule 2 - Confidential Information: Detailed description of the types of confidential information covered
3. Schedule 3 - Commission Structures: Details of any agreed commission rates or fee arrangements
4. Schedule 4 - Restricted Territories: List of geographic areas or markets covered by the agreement
5. Appendix A - Agreed Security Protocols: Specific procedures for handling and protecting confidential information
6. Appendix B - Approved Communication Channels: List of approved methods and channels for sharing protected information
Relevant legal definitions
Clauses
Relevant Industries
Business Services
Financial Services
Real Estate
Manufacturing
Technology
International Trade
Professional Services
Investment Banking
Private Equity
Mergers & Acquisitions
Commercial Property
Import/Export
Consulting
Wholesale Distribution
Relevant Teams
Legal
Business Development
Commercial
Executive Leadership
Sales
Strategic Partnerships
Mergers & Acquisitions
Finance
Procurement
International Business
Strategy
Relevant Roles
Business Development Manager
Chief Executive Officer
Managing Director
Commercial Director
Investment Manager
Business Broker
Sales Director
Partnership Manager
Strategic Alliance Manager
Merger & Acquisition Specialist
Contract Manager
Business Owner
Chief Financial Officer
Legal Counsel
Head of Strategy
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