The Commercial Real Estate Non Disclosure Agreement is essential for protecting confidential information exchanged during property-related transactions in South Africa. This document is typically used when parties are considering or engaging in commercial real estate transactions, including property sales, leases, developments, or investments. It covers sensitive information such as property valuations, financial data, tenant information, development plans, and market analyses. The agreement ensures compliance with South African legislation, including POPIA, the Property Practitioners Act, and relevant property laws. It's particularly important in the due diligence phase of transactions where substantial proprietary and sensitive information needs to be shared between parties.
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1. Parties: Identification of the disclosing and receiving parties, including their legal status and registered addresses
2. Background: Context of the potential real estate transaction and purpose of sharing confidential information
3. Definitions: Key terms including 'Confidential Information', 'Property', 'Permitted Purpose', and 'Representatives'
4. Scope of Confidential Information: Detailed description of what constitutes confidential information in the context of the commercial real estate transaction
5. Obligations of Confidentiality: Core confidentiality obligations, including storage, handling, and protection of confidential information
6. Permitted Disclosures: Circumstances under which confidential information may be disclosed, including to professional advisors and as required by law
7. Security Measures: Specific measures required to protect confidential information, including physical, electronic, and procedural safeguards
8. Return or Destruction of Information: Requirements for handling confidential information after the purpose is complete or upon termination
9. Duration and Survival: Term of the agreement and which obligations survive termination
10. Breach and Remedies: Consequences of breach and available remedies, including injunctive relief
11. General Provisions: Standard clauses including governing law, jurisdiction, entire agreement, and variation
1. Intellectual Property Rights: Section protecting IP rights in shared materials, used when the confidential information includes intellectual property
2. Non-Circumvention: Prevents parties from bypassing each other in the transaction, important when multiple parties are involved
3. Digital Data Protection: Specific provisions for protecting digital information, required when significant electronic data will be shared
4. POPIA Compliance: Detailed section on compliance with Protection of Personal Information Act, needed when personal information will be shared
5. Property Specific Provisions: Special provisions related to specific property features or requirements, used when unique property aspects need protection
6. Non-Solicitation: Prevents poaching of employees or clients, relevant when detailed operational information is shared
7. Publicity and Announcements: Controls over public statements about the potential transaction, important for high-profile properties
1. Schedule 1: Description of Property: Detailed description of the commercial property or properties involved
2. Schedule 2: Authorized Representatives: List of authorized personnel who may access confidential information
3. Schedule 3: Security Protocols: Detailed security procedures and requirements for handling confidential information
4. Appendix A: Confidential Information Categories: Specific categories and types of confidential information covered
5. Appendix B: Data Protection Requirements: Specific requirements for data protection and POPIA compliance
6. Appendix C: Destruction Certificate: Template certificate confirming destruction of confidential information
Relevant legal definitions
Clauses
Relevant Industries
Real Estate
Commercial Property
Property Development
Property Investment
Construction
Facilities Management
Property Technology
Banking and Finance
Property Insurance
Retail
Office Space Management
Industrial Property
Hospitality
Mixed-use Development
Relevant Teams
Legal
Real Estate
Acquisitions
Investment
Property Management
Facilities
Compliance
Risk Management
Operations
Development
Asset Management
Due Diligence
Finance
Property Research
Relevant Roles
Property Manager
Real Estate Developer
Investment Analyst
Property Valuer
Commercial Broker
Legal Counsel
Facilities Manager
Asset Manager
Acquisition Manager
Development Director
Real Estate Fund Manager
Property Portfolio Manager
Chief Investment Officer
Real Estate Operations Manager
Compliance Officer
Due Diligence Specialist
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