This NDA and Non-Compete Agreement is designed for use in New Zealand business contexts where organizations need to protect both their confidential information and competitive position. The document is particularly relevant when sharing sensitive business information, trade secrets, or intellectual property with employees, contractors, or business partners. It includes comprehensive provisions for maintaining confidentiality and restricting post-engagement competitive activities, all structured to comply with New Zealand legal requirements. The agreement is commonly used during employment, contractor engagement, business partnerships, or potential business transactions where parties need to share sensitive information while ensuring future protection of business interests. Special attention is given to ensuring the non-compete provisions are reasonable and enforceable under New Zealand law.
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1. Parties: Identifies and defines the parties entering into the agreement
2. Background: Explains the context and purpose of the agreement, including the business relationship between the parties
3. Definitions: Defines key terms used throughout the agreement, including 'Confidential Information', 'Competing Business', and 'Restricted Period'
4. Confidentiality Obligations: Details the obligations regarding handling, protecting, and non-disclosure of confidential information
5. Permitted Disclosures: Specifies circumstances under which confidential information may be disclosed
6. Non-Compete Obligations: Defines the scope, duration, and geographic limitations of non-compete restrictions
7. Non-Solicitation: Prohibitions on soliciting employees, customers, or suppliers
8. Return of Confidential Information: Requirements for returning or destroying confidential information upon request or termination
9. Term and Termination: Duration of the agreement and circumstances for 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 regarding ownership and protection of IP, used when confidential information includes IP elements
2. Data Protection: Specific obligations regarding personal data protection, required when confidential information includes personal data
3. Audit Rights: Rights to audit compliance with confidentiality obligations, useful for high-security situations
4. Insurance Requirements: Obligations to maintain specific insurance coverage, relevant for high-risk situations
5. Dispute Resolution: Alternative dispute resolution procedures, recommended for international agreements
6. Garden Leave: Provisions for paid leave during notice period, relevant for employment-related agreements
7. Severability of Restrictions: Specific provisions allowing court modification of unreasonable restrictions, recommended for complex non-compete provisions
1. Schedule 1 - Confidential Information: Detailed list or categories of information considered confidential
2. Schedule 2 - Restricted Business Activities: Specific description of prohibited competitive activities
3. Schedule 3 - Restricted Territory: Geographic scope of non-compete restrictions with specific boundaries
4. Schedule 4 - Restricted Clients/Customers: List of specific clients/customers covered by non-solicitation provisions
5. Schedule 5 - Security Protocols: Specific procedures for handling and protecting confidential information
6. Appendix A - Acknowledgment Form: Form for employees/contractors to acknowledge receipt and understanding of obligations
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