The Commercial Real Estate Non-Disclosure Agreement is essential for protecting sensitive information during commercial property transactions in New Zealand. It is typically used when parties are considering or engaging in significant commercial real estate dealings, such as property sales, leases, developments, or investments. The document ensures that confidential information shared during due diligence, negotiations, and transaction processes remains protected. This includes sensitive details about property valuations, financial performance, tenant information, development strategies, and market analysis. The agreement is drafted in compliance with New Zealand law, including the Contract and Commercial Law Act 2017, Privacy Act 2020, and Property Law Act 2007, providing robust protection while facilitating necessary information exchange between parties.
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1. Parties: Identification of all parties to the agreement, including full legal names and addresses
2. Background: Context of the agreement, including the nature of the proposed real estate transaction or business relationship
3. Definitions: Clear definitions of key terms, particularly 'Confidential Information', 'Property', 'Permitted Purpose', and 'Representatives'
4. Scope of Confidential Information: Detailed description of what constitutes confidential information in the real estate context, including property details, financial information, tenant information, and business plans
5. Obligations of Confidentiality: Core confidentiality obligations, including use restrictions, security measures, and handling of confidential information
6. Permitted Disclosures: Circumstances under which confidential information may be disclosed, including to professional advisors and as required by law
7. Term and Survival: Duration of the confidentiality obligations and which provisions survive termination
8. Return or Destruction of Confidential Information: Requirements for handling confidential information after the agreement ends or upon request
9. Breach and Remedies: Consequences of breach and available remedies, including injunctive relief
10. General Provisions: Standard clauses including governing law, jurisdiction, and entire agreement
1. Intellectual Property Rights: Additional provisions protecting IP rights in development plans, architectural drawings, or proprietary information - include when IP assets are involved
2. Data Protection Compliance: Specific provisions relating to handling of personal data - include when personal information of tenants or other individuals may be shared
3. Non-Solicitation: Restrictions on soliciting employees, tenants, or other business relationships - include in larger commercial transactions
4. Publicity and Announcements: Restrictions on public announcements about the potential transaction - include for high-profile properties or transactions
5. Representatives and Agents: Detailed provisions about who can access the information and their obligations - include when multiple parties or agents will be involved
1. Schedule 1 - Description of Property: Detailed description of the subject property or properties, including legal descriptions and addresses
2. Schedule 2 - Authorized Representatives: List of authorized representatives who may access confidential information
3. Schedule 3 - Security Protocols: Specific security measures and protocols for handling confidential information
4. Appendix A - Form of Confidentiality Undertaking: Template confidentiality undertaking for representatives or third parties who need access to confidential information
Relevant legal definitions
Clauses
Relevant Industries
Real Estate
Property Development
Commercial Property Management
Real Estate Investment
Construction
Property Technology
Facilities Management
Real Estate Finance
Property Insurance
Real Estate Advisory Services
Relevant Teams
Legal
Real Estate
Property Management
Investment
Development
Asset Management
Acquisitions
Due Diligence
Facilities Management
Risk Management
Compliance
Corporate Development
Relevant Roles
Real Estate Director
Property Manager
Investment Manager
Real Estate Agent
Property Developer
Asset Manager
Facilities Manager
Real Estate Analyst
Investment Director
Development Manager
Real Estate Partner
Property Valuer
Transaction Manager
Portfolio Manager
Acquisitions Manager
Legal Counsel
Due Diligence Manager
Real Estate Consultant
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