The Confidentiality And Non Circumvention Agreement is essential in business relationships where parties need to share sensitive information while ensuring protection against both unauthorized disclosure and potential circumvention of business opportunities. This document is particularly relevant in the Indian business context, where it provides a robust framework under Indian law for protecting proprietary information, trade secrets, and business relationships. It is commonly used in negotiations, joint ventures, potential investments, and business partnerships where parties need to explore opportunities while maintaining confidentiality. The agreement combines standard NDA provisions with specific non-circumvention clauses to prevent parties from bypassing each other to directly pursue business opportunities discovered through their relationship.
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1. Parties: Identification of all parties to the agreement, including registered addresses and company details
2. Background: Context of the agreement, business relationship, and purpose of sharing confidential information
3. Definitions: Definitions of key terms including 'Confidential Information', 'Representatives', 'Permitted Purpose', and 'Circumvention'
4. Confidentiality Obligations: Core obligations regarding the protection, use, and non-disclosure of confidential information
5. Non-Circumvention Obligations: Provisions preventing parties from bypassing each other in business dealings
6. Permitted Disclosures: Circumstances under which confidential information may be disclosed, including to employees and professional advisors
7. Security Measures: Required measures for protecting confidential information
8. Return or Destruction of Information: Obligations regarding the handling of confidential information upon termination
9. Duration and Survival: Term of the agreement and which obligations survive termination
10. Breach and Remedies: Consequences of breach and available remedies including injunctive relief
11. General Provisions: Standard clauses including governing law, jurisdiction, and entire agreement
1. Intellectual Property Rights: Additional provisions protecting IP rights when confidential information includes patentable inventions or trade secrets
2. Data Protection Compliance: Specific provisions for compliance with data protection laws when personal data is involved
3. Non-Solicitation: Provisions preventing poaching of employees or clients, often included in business contexts
4. Assignment and Succession: Special provisions for transferability of rights, needed in corporate transactions
5. Digital Security Measures: Specific provisions for protecting digital information, required when sharing electronic data
6. Publicity and Announcements: Controls on public statements about the business relationship
7. Competing Projects: Provisions addressing participation in competing projects, relevant in joint venture contexts
1. Schedule 1 - Specified Confidential Information: Detailed list or categories of information deemed confidential
2. Schedule 2 - Authorized Representatives: List of individuals authorized to receive and handle confidential information
3. Schedule 3 - Security Protocols: Specific security measures and protocols to be followed
4. Appendix A - Notification Details: Contact details and procedures for required notices under the agreement
5. Appendix B - Form of Confidentiality Undertaking: Template undertaking for representatives or third parties who need access to confidential information
Relevant legal definitions
Clauses
Relevant Industries
Technology
Manufacturing
Financial Services
Healthcare
Pharmaceuticals
Real Estate
Professional Services
Energy
Telecommunications
E-commerce
Research & Development
Automotive
Aerospace
Biotechnology
Media & Entertainment
Relevant Teams
Legal
Business Development
Executive Leadership
Research & Development
Procurement
Operations
Corporate Strategy
Mergers & Acquisitions
Innovation
Information Technology
Finance
Commercial Operations
Relevant Roles
Chief Executive Officer
Chief Financial Officer
Business Development Manager
Legal Counsel
Corporate Lawyer
Investment Manager
Project Manager
Research Director
Technology Officer
Operations Manager
Strategic Partnership Manager
Procurement Manager
Mergers & Acquisitions Director
Innovation Manager
Commercial Director
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