The Conflict Of Interest And Confidentiality Agreement is essential for organizations operating under English and Welsh law who need to protect sensitive information while ensuring transparency in business relationships. This document is particularly relevant when engaging individuals or entities who will have access to confidential information and whose other business activities could potentially conflict with the organization's interests. It provides a comprehensive framework for ongoing disclosure of conflicts and protection of sensitive information, combining two crucial aspects of business relationships into a single, enforceable agreement.
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1. Parties: Identification and details of all parties entering into the agreement
2. Background: Context of the agreement, relationship between parties, and purpose of entering into this agreement
3. Definitions: Defined terms used throughout the agreement including Confidential Information, Conflict of Interest, etc.
4. Conflict of Interest Provisions: Core obligations regarding identification, disclosure and management of conflicts of interest
5. Confidentiality Obligations: Detailed confidentiality requirements including use, storage, and protection of confidential information
6. Duration and Termination: Term of agreement, renewal provisions, and circumstances for termination
7. Governing Law: Specification of English and Welsh law as governing law and jurisdiction
1. Non-Competition: Additional restrictions on competitive activities when parties operate in the same industry
2. Assignment: Rights to transfer obligations, particularly relevant for corporate parties or potential M&A scenarios
3. Intellectual Property: IP rights and obligations when intellectual property is involved in the relationship
4. Data Protection: Specific data handling obligations when personal data processing is involved
1. Schedule 1 - Specified Confidential Information: Detailed list of materials and information designated as confidential
2. Schedule 2 - Permitted Disclosures: List of authorized disclosure scenarios and approved recipients
3. Schedule 3 - Conflict Disclosure Form: Template form for declaring potential conflicts of interest
4. Schedule 4 - Approved Third Parties: List of pre-approved third parties who may receive confidential information
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