The Commercial Real Estate Non-Disclosure Agreement is essential when parties are exploring potential real estate transactions and need to share sensitive information. This document is commonly used in the United States when conducting due diligence, negotiations, or discussions regarding commercial property sales, leases, or developments. It protects proprietary information, financial data, tenant details, and business strategies while ensuring compliance with federal and state regulations governing real estate transactions and trade secrets.
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Key Requirements PROMPT example:
Commercial Real Estate Non Disclosure Agreement
"I need a Commercial Real Estate Non Disclosure Agreement to protect confidential information about our shopping mall development project in Texas, which will be shared with potential investors during our funding round in March 2025."
1. Parties: Identification of the disclosing and receiving parties, including legal entities and addresses
2. Background: Context of the potential real estate transaction and purpose of the NDA
3. Definitions: Key terms including 'Confidential Information', 'Representatives', 'Property', and 'Permitted Purpose'
4. Confidentiality Obligations: Core obligations regarding the use and protection of confidential information
5. Permitted Disclosures: Circumstances under which confidential information may be shared with authorized parties
6. Term and Termination: Duration of the agreement and circumstances for termination
7. Return of Information: Requirements for returning or destroying confidential information
8. Governing Law: Jurisdiction and applicable laws
1. Non-Solicitation: Prevents solicitation of employees or tenants. Include when protecting tenant relationships or employee information
2. Non-Circumvention: Prevents direct dealings with disclosed contacts. Include when broker relationships need protection
3. Securities Laws Compliance: Provisions regarding insider trading. Include when public companies are involved
4. Remedies: Specific remedies including injunctive relief. Include when additional enforcement mechanisms are needed
1. Property Description Schedule: Detailed description of the subject property
2. Authorized Representatives Schedule: List of individuals authorized to receive confidential information
3. Required Disclosures Schedule: Specific disclosures required by law or regulation
4. Information Security Requirements Schedule: Specific protocols for handling confidential information
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