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Non Circumvention Non Disclosure & Working Agreement Ncnda

Non Circumvention Non Disclosure & Working Agreement Ncnda Template for United States

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Key Requirements PROMPT example:

Non Circumvention Non Disclosure & Working Agreement Ncnda

"I need a Non Circumvention Non Disclosure & Working Agreement (NCNDA) for my technology consulting firm to protect our client relationships and trade secrets when working with freelance developers on a new AI project starting January 2025, with specific emphasis on protecting our machine learning algorithms and client database."

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Document background
The Non-Circumvention, Non-Disclosure & Working Agreement (NCNDA) is essential for businesses and individuals operating in the United States who need to protect sensitive information while establishing working relationships. This agreement is particularly valuable when sharing trade secrets, business opportunities, or engaging in joint ventures. The NCNDA combines three crucial elements: protection of confidential information, prevention of relationship bypassing, and establishment of working terms. It is commonly used in business development, consulting, and strategic partnerships, providing legal protection under both federal and state jurisdictions.
Suggested Sections

1. Parties: Identification and details of all parties to the agreement

2. Background: Context and purpose of the agreement, including the business relationship being protected

3. Definitions: Key terms used throughout the agreement including Confidential Information, Business Purpose, and Circumvention

4. Confidentiality Obligations: Detailed provisions regarding the protection, use, and disclosure of confidential information

5. Non-Circumvention Provisions: Terms preventing parties from bypassing each other in business relationships and dealings

6. Working Relationship Terms: Framework for the business relationship and collaboration between parties

7. Term and Duration: Period of effectiveness for confidentiality and non-circumvention obligations

8. Remedies and Enforcement: Legal remedies available in case of breach, including injunctive relief

9. Governing Law and Jurisdiction: Specification of applicable law and courts having jurisdiction

Optional Sections

1. Specific Project Terms: Detailed provisions for specific projects or business opportunities when agreement relates to particular ventures

2. Commission Structures: Financial arrangements and commission terms when monetary compensation is involved

3. Geographic Restrictions: Territorial limitations of the agreement when activities are restricted to specific regions

4. Return of Confidential Information: Procedures for returning or destroying confidential information upon termination

5. Non-Compete Provisions: Additional competition restrictions when broader protection is required

Suggested Schedules

1. Schedule A - Confidential Information: Detailed list and categories of protected confidential information

2. Schedule B - Authorized Personnel: List of individuals authorized to access and handle confidential information

3. Schedule C - Project Scope: Detailed description of specific projects or business opportunities covered

4. Schedule D - Commission Structure: Detailed breakdown of financial arrangements and compensation terms

Authors

Alex Denne

Head of Growth (Open Source Law) @ tiktok³ÉÈË°æ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

alex.den.21@genieai.co
Clauses






























Industries

Federal Trade Secret Laws: Including the Defend Trade Secrets Act (DTSA) of 2016 and Economic Espionage Act of 1996, which provide federal protection for trade secrets and remedies for misappropriation

State Trade Secret Laws: Uniform Trade Secrets Act (UTSA) and state-specific variations that govern trade secret protection at the state level

Contract Law: State-specific contract laws and Uniform Commercial Code (UCC) provisions that govern formation and enforcement of contracts

Employment Law: State-specific employment laws, non-compete regulations, and at-will employment doctrine that affect employment relationships and restrictions

Intellectual Property Laws: Copyright Act, Patent Act, and trademark laws that protect various forms of intellectual property rights

Competition Laws: Sherman Antitrust Act, Federal Trade Commission Act, and state antitrust laws that regulate competitive practices and prevent monopolistic behavior

Privacy Laws: State-specific privacy laws and industry-specific federal privacy regulations that govern data protection and confidentiality

Consideration Requirements: Legal requirement for something of value to be exchanged between parties for the agreement to be valid

Confidential Information Definition: Clear and specific definition of what constitutes confidential information under the agreement

Scope and Duration: Reasonable limitations on the scope and duration of the non-disclosure and non-circumvention obligations

Business Interest Protection: Legitimate business interests that justify the restrictions imposed by the agreement

Geographic Limitations: Specific geographic boundaries where the agreement's restrictions apply, if relevant

Breach Remedies: Clear specification of remedies and consequences in case of breach of the agreement

State Law Enforceability: Ensuring the agreement's terms are enforceable under applicable state laws and regulations

Competition Restrictions: Reasonable restrictions on competition that are specific, limited, and necessary to protect business interests

Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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