The Non Circumvention Non Disclosure & Working Agreement (NCNDA) is designed for business situations where parties need to protect sensitive information while establishing formal working relationships under Canadian jurisdiction. This document is particularly useful when parties are exploring potential business opportunities, sharing proprietary information, or entering into strategic partnerships. It prevents parties from bypassing each other in business dealings, protects confidential information from unauthorized disclosure, and establishes clear parameters for working relationships. The agreement incorporates requirements from Canadian federal and provincial legislation, including PIPEDA for privacy protection and the Competition Act for business conduct. It's commonly used in business negotiations, joint ventures, consulting arrangements, and strategic partnerships where protecting business interests and maintaining confidentiality are paramount.
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1. Parties: Identification and details of all parties entering into the agreement
2. Background: Context of the agreement and business relationship between the parties
3. Definitions: Detailed definitions of key terms used throughout the agreement
4. Confidentiality Obligations: Detailed provisions regarding the protection and handling of confidential information
5. Non-Circumvention Provisions: Terms preventing parties from bypassing each other in business dealings
6. Working Relationship: Framework of the business relationship and cooperation between parties
7. Term and Termination: Duration of the agreement and conditions for termination
8. Permitted Disclosures: Circumstances under which confidential information may be disclosed
9. Return of Confidential Information: Procedures for returning or destroying confidential information
10. Intellectual Property Rights: Protection and ownership of intellectual property
11. Representations and Warranties: Statements of fact and promises made by each party
12. Breach and Remedies: Consequences of breaking the agreement and available remedies
13. General Provisions: Standard legal clauses including governing law, notices, and amendments
1. Non-Solicitation: Prevents parties from hiring each other's employees or contractors
2. Territory Restrictions: Geographical limitations on the agreement's application
3. Data Protection: Additional provisions for handling personal data under PIPEDA
4. Dispute Resolution: Specific procedures for resolving disputes, including mediation or arbitration
5. Insurance Requirements: Mandatory insurance coverage for specific activities
6. Force Majeure: Provisions for unforeseeable circumstances preventing performance
7. Assignment Rights: Terms governing the transfer of rights under the agreement
8. Survival Clauses: Provisions that continue after agreement termination
1. Schedule A - Confidential Information: Detailed list of information considered confidential
2. Schedule B - Authorized Representatives: List of individuals authorized to receive confidential information
3. Schedule C - Project Scope: Detailed description of work or projects covered by the agreement
4. Schedule D - Fee Structure: Payment terms and compensation details
5. Schedule E - Security Protocols: Specific procedures for handling and protecting confidential information
6. Appendix 1 - Reporting Requirements: Templates and procedures for required reporting
7. Appendix 2 - Contact Information: Detailed contact information for notices and communications
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