The Commercial Real Estate Confidentiality Agreement is essential in New Zealand's property market where significant commercial real estate transactions require extensive due diligence and information sharing. This document is typically used when parties are contemplating property sales, leases, or development projects and need to exchange sensitive information such as financial records, tenant details, development plans, and market analyses. It ensures compliance with New Zealand privacy and property laws while protecting the disclosing party's confidential information. The agreement is particularly crucial in the early stages of negotiations when sensitive commercial information needs to be shared but the transaction is not yet certain to proceed.
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1. Parties: Identifies and defines all parties to the agreement, including the disclosing party and receiving party
2. Background: Sets out the context of the agreement, including the purpose of sharing confidential information and the general nature of the proposed real estate transaction
3. Definitions: Defines key terms including 'Confidential Information', 'Permitted Purpose', 'Representatives', and 'Property'
4. Confidentiality Obligations: Core obligations regarding the use, protection, and non-disclosure of confidential information
5. Permitted Disclosures: Specifies circumstances under which confidential information may be disclosed, including to professional advisors and other authorized parties
6. Security Measures: Required measures for protecting and securing confidential information
7. Return or Destruction of Information: Requirements for handling confidential information after the agreement ends or upon request
8. Term and Termination: Duration of the agreement and circumstances for termination
9. Breach and Remedies: Consequences of breach and available remedies including injunctive relief
10. General Provisions: Standard clauses including governing law, jurisdiction, and entire agreement
1. Broker Involvement: Required when real estate brokers are involved in the transaction, defining their rights and obligations regarding confidential information
2. Digital Security Measures: Additional section for transactions involving significant digital information or online data rooms
3. Competition Law Compliance: Required when parties are competitors or when information sharing could raise competition law concerns
4. Privacy Compliance: Detailed privacy obligations when personal information is included in the confidential information
5. Announcements and Publicity: Controls on public statements about the potential transaction, needed for sensitive or high-profile properties
6. Site Visits and Physical Access: Required when physical access to the property will be granted during due diligence
1. Schedule 1 - Property Details: Description and details of the subject property or properties
2. Schedule 2 - Confidential Information: Detailed list or categories of information deemed confidential
3. Schedule 3 - Authorized Representatives: List of individuals or roles authorized to receive confidential information
4. Schedule 4 - Security Protocols: Specific security measures and protocols required for handling confidential information
5. Appendix A - Due Diligence Checklist: List of documents and information to be provided during due diligence
6. Appendix B - Deed of Confidentiality: Form of confidentiality undertaking for third parties who need access to information
Relevant legal definitions
Clauses
Relevant Industries
Real Estate
Commercial Property
Property Development
Property Investment
Property Management
Financial Services
Professional Services
Construction
Retail
Hospitality
Relevant Teams
Legal
Real Estate
Investment
Property Management
Asset Management
Due Diligence
Acquisitions
Risk Management
Compliance
Finance
Relevant Roles
Real Estate Director
Property Manager
Investment Manager
Legal Counsel
Commercial Property Agent
Development Manager
Asset Manager
Due Diligence Manager
Property Analyst
Acquisitions Manager
Chief Investment Officer
Portfolio Manager
Real Estate Partner
Facilities Manager
Transaction Manager
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