The Business Plan Non Disclosure Agreement is essential when companies need to share sensitive business planning information with potential investors, partners, or advisors in New Zealand. This document is particularly crucial in situations where detailed business strategies, financial projections, market analyses, and proprietary methodologies need to be disclosed for business evaluation purposes. It provides legal protection under New Zealand law, including remedies under the Contract and Commercial Law Act 2017, while facilitating necessary business discussions. The agreement is commonly used in investment negotiations, strategic partnerships, joint ventures, and business sale processes, where comprehensive business plans containing confidential information need to be shared with external parties.
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1. Parties: Identifies and provides full legal details of all parties entering into the agreement
2. Background: Explains the context of the agreement, including the business relationship and purpose of sharing confidential information
3. Definitions: Defines key terms including 'Confidential Information', 'Business Plan', 'Authorized Purpose', and other relevant terms
4. Scope of Confidential Information: Clearly outlines what constitutes confidential information under the agreement, specifically relating to the business plan
5. Obligations of Confidentiality: Details the receiving party's duties to maintain confidentiality and permitted uses of the information
6. Permitted Disclosures: Specifies who can access the confidential information and under what circumstances
7. Security Measures: Outlines required security measures for protecting confidential information
8. Return or Destruction of Information: Procedures for handling confidential information after the agreement ends
9. Term and Termination: Duration of the agreement and circumstances for termination
10. Breach and Remedies: Consequences of breaching the agreement and available remedies
11. General Provisions: Standard clauses including governing law, jurisdiction, and entire agreement
1. Intellectual Property Rights: Additional provisions specifically protecting IP rights when the business plan contains patentable innovations or trademark information
2. Competing Activities: Restrictions on competing activities, if relevant to the business relationship
3. Representatives and Advisers: Additional provisions for when the receiving party needs to share information with professional advisers
4. Data Protection Compliance: Specific provisions for compliance with privacy laws when personal data is involved
5. Survival Clause: Specifies which obligations continue after agreement termination
6. Non-Solicitation: Prevents poaching of employees or clients, if relevant to the business context
1. Schedule 1 - Description of Business Plan: Detailed description of the business plan documents and information covered
2. Schedule 2 - Authorized Representatives: List of individuals authorized to receive and handle the confidential information
3. Schedule 3 - Security Protocols: Specific security measures and procedures for handling confidential information
4. Appendix A - Acknowledgment Form: Form for additional parties or representatives to sign acknowledging their confidentiality obligations
Relevant legal definitions
Clauses
Relevant Industries
Technology and Software
Financial Services
Manufacturing
Healthcare
Retail and E-commerce
Professional Services
Real Estate
Energy and Utilities
Telecommunications
Media and Entertainment
Agriculture and Food Production
Transportation and Logistics
Education and Training
Biotechnology
Construction and Engineering
Relevant Teams
Legal
Business Development
Corporate Development
Finance
Strategy
Executive Leadership
Mergers & Acquisitions
Innovation
Investment
Risk Management
Relevant Roles
Chief Executive Officer
Business Development Manager
Investment Manager
Corporate Lawyer
Chief Financial Officer
Strategy Director
Mergers & Acquisitions Manager
Venture Capital Associate
Business Analyst
Management Consultant
Chief Strategy Officer
Innovation Director
Partnership Manager
Due Diligence Specialist
Corporate Development Manager
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