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This Commercial Real Estate Non Disclosure Agreement is essential for protecting confidential information exchanged during commercial property transactions in Germany. It should be used whenever parties begin discussions or due diligence processes involving commercial real estate assets, where sensitive information such as property valuations, tenant details, financial projections, or development plans need to be shared. The document complies with German legal requirements, including the Bürgerliches Gesetzbuch (BGB) for contract formation, Geschäftsgeheimnisgesetz (GeschGehG) for trade secret protection, and relevant property laws. It's particularly important in the German market where property transactions often involve extensive due diligence and multiple stakeholders, requiring robust confidentiality protections that align with local legal standards and business practices.

1. Parties: Identification of the disclosing and receiving parties, including full legal names, registration details, and addresses as required under German law

2. Background: Context of the potential real estate transaction and reason for information exchange

3. Definitions: Detailed definitions including 'Confidential Information', 'Permitted Purpose', 'Representatives', and 'Property', with specific focus on real estate-related terms

4. Scope of Confidential Information: Detailed description of what constitutes confidential information in the real estate context, including property details, financial information, and business plans

5. Permitted Use: Specific permitted uses of confidential information, limited to evaluation of the potential real estate transaction

6. Confidentiality Obligations: Core obligations regarding handling of confidential information, including security measures required under German law

7. Representatives and Third Parties: Provisions regarding disclosure to employees, advisors, and other permitted recipients

8. Return or Destruction of Information: Obligations regarding the handling of confidential information after termination or upon request

9. Duration and Survival: Term of the agreement and survival of obligations

10. Breach and Remedies: Consequences of breach, including specific remedies available under German law

11. General Provisions: Standard provisions including notices, amendments, and severability under German law

12. Governing Law and Jurisdiction: Specification of German law as governing law and jurisdiction of German courts