The Non-Circumvention Agreement is essential in business contexts where parties share valuable contacts, opportunities, or business relationships that need protection. This document is particularly relevant under New Zealand law where businesses need to safeguard their interests while maintaining compliance with competition law principles. It typically includes detailed provisions about protected relationships, permitted activities, and consequences of breach. The agreement is commonly used when introducing business opportunities, in merger and acquisition discussions, during joint venture negotiations, or in any situation where valuable business connections are being shared. The document ensures that all parties respect the business relationships and channels of introduction, with specific provisions tailored to New Zealand's legal framework and business practices.
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1. Parties: Identifies and defines all parties to the agreement, including their legal names, addresses, and any relevant corporate details
2. Background: Explains the context of the agreement and the business relationship between the parties
3. Definitions: Defines key terms used throughout the agreement, including 'Confidential Information', 'Business Relationship', 'Circumvention', and 'Protected Parties'
4. Non-Circumvention Obligations: Core section detailing the specific obligations not to bypass or circumvent the other party in business dealings
5. Term and Duration: Specifies how long the non-circumvention obligations will remain in effect
6. Confidentiality Obligations: Details the obligations regarding confidential information shared during business dealings
7. Permitted Activities: Clarifies what activities are allowed and not considered circumvention
8. Breach and Remedies: Specifies what constitutes a breach and the consequences/remedies available
9. General Provisions: Standard contractual provisions including governing law, notices, and entire agreement
1. Commission and Fee Arrangements: Include when there are specific fee or commission structures that need protection
2. Geographic Scope: Add when the non-circumvention obligations need to be limited to specific territories or regions
3. Non-Solicitation: Include when parties want to prevent solicitation of employees or contractors
4. Reporting Requirements: Add when one party needs to report potential business opportunities to the other
5. Dispute Resolution: Include detailed dispute resolution procedures for complex international relationships
6. Assignment Rights: Add when transfer of rights needs to be specifically addressed or restricted
1. Schedule 1 - Protected Relationships: List of specific business relationships, contacts, or opportunities protected under the agreement
2. Schedule 2 - Commission Structure: Detailed breakdown of any commission or fee arrangements if applicable
3. Schedule 3 - Authorized Representatives: List of individuals authorized to act on behalf of each party
4. Appendix A - Notification Requirements: Detailed procedures for required notifications between parties
5. Appendix B - Restricted Activities: Specific list of prohibited circumvention activities
Relevant legal definitions
Clauses
Relevant Industries
Business Services
Financial Services
Real Estate
Investment Banking
International Trade
Consulting
Technology
Mergers & Acquisitions
Private Equity
Import/Export
Commercial Property
Professional Services
Relevant Teams
Legal
Commercial
Business Development
Sales
Corporate Development
Mergers & Acquisitions
Strategic Partnerships
International Business
Executive Leadership
Procurement
Relevant Roles
Business Development Manager
Chief Executive Officer
Commercial Director
Investment Manager
Business Broker
Mergers & Acquisitions Director
Partnership Manager
Strategic Alliance Manager
Sales Director
Business Consultant
Legal Counsel
Contract Manager
Chief Commercial Officer
International Business Manager
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