This Commercial Real Estate Non-Disclosure Agreement is essential for protecting sensitive information during commercial property transactions in Australia. It should be used whenever confidential information needs to be shared during property negotiations, due diligence, or property development discussions. The document covers various types of confidential information including property valuations, development plans, financial projections, tenant information, and market analyses. It incorporates Australian legal requirements and property law principles, making it suitable for use across different states while maintaining compliance with federal regulations. The agreement is particularly important in commercial real estate transactions where significant proprietary information needs to be protected while allowing necessary information sharing for business purposes.
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1. Parties: Identification of the disclosing party (typically property owner/agent) and receiving party
2. Background: Context of the disclosure, including the nature of the real estate transaction being contemplated
3. Definitions: Key terms including 'Confidential Information', 'Property', 'Permitted Purpose', 'Representatives'
4. Scope of Confidential Information: Detailed description of what constitutes confidential information in the real estate context
5. Obligations of Receiving Party: Core confidentiality obligations and permitted uses of the confidential information
6. Permitted Disclosures: Circumstances under which confidential information may be disclosed to representatives or required by law
7. Security Measures: Required procedures for protecting confidential information
8. Return or Destruction of Information: Requirements for handling confidential information after the agreement ends
9. Duration and Termination: Term of the agreement and obligations surviving termination
10. Breach and Remedies: Consequences of breach and available remedies
11. General Provisions: Standard provisions including governing law, jurisdiction, and entire agreement
1. Electronic Information Security: Specific provisions for protecting digital information, required when substantial electronic data is involved
2. Third Party Disclosure: Additional provisions when third party consultants or advisors need access
3. Competing Projects: Provisions addressing involvement in competing property developments or transactions
4. Public Announcements: Required for high-profile properties or transactions that might attract media attention
5. Non-Solicitation: Prevents approaching employees or clients, included when parties are competitors
6. International Considerations: Required when parties are from different jurisdictions or properties have international elements
1. Schedule 1 - Property Details: Specific details of the property or properties covered by the agreement
2. Schedule 2 - Authorized Representatives: List of individuals authorized to receive and handle confidential information
3. Schedule 3 - Security Protocols: Detailed security measures and procedures for handling confidential information
4. Schedule 4 - Permitted Purpose Details: Detailed description of the specific transaction or purpose for which information is shared
5. Appendix A - Document Register: Register of confidential documents provided under the agreement
Relevant legal definitions
Clauses
Relevant Industries
Real Estate
Property Development
Commercial Property Management
Banking & Finance
Investment Management
Construction
Property Technology
Facilities Management
Professional Services
Retail
Hospitality
Industrial & Logistics
Relevant Teams
Legal
Real Estate
Investment
Property Management
Asset Management
Acquisitions
Development
Facilities
Risk & Compliance
Finance
Due Diligence
Operations
Relevant Roles
Real Estate Director
Property Manager
Commercial Property Agent
Investment Manager
Development Manager
Asset Manager
Chief Investment Officer
Real Estate Lawyer
Property Valuer
Acquisitions Manager
Portfolio Manager
Real Estate Analyst
Facilities Manager
Due Diligence Officer
Property Development Director
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