The Confidentiality Agreement Indemnity is essential in business transactions where sensitive information needs to be shared while maintaining robust protection mechanisms. This document is particularly relevant in New Zealand business contexts where parties need to establish both confidentiality obligations and clear indemnification provisions. It is commonly used in commercial transactions, joint ventures, professional service engagements, and technology partnerships where valuable proprietary information is shared. The agreement ensures compliance with New Zealand privacy and contract law while providing specific remedies and risk allocation mechanisms through indemnification clauses. It is designed to protect against unauthorized disclosure, misuse of confidential information, and establish clear procedures for handling potential breaches.
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1. Parties: Identification and details of all parties to the agreement
2. Background: Context of the agreement and relationship between the parties
3. Definitions: Detailed definitions of key terms, including 'Confidential Information', 'Permitted Purpose', and 'Indemnified Parties'
4. Confidentiality Obligations: Core obligations regarding the protection and non-disclosure of confidential information
5. Permitted Uses and Disclosures: Specified circumstances under which confidential information may be used or disclosed
6. Security Measures: Required security measures for protecting confidential information
7. Indemnification: Specific indemnification obligations, including scope, limitations, and process
8. Term and Survival: Duration of the agreement and provisions that survive termination
9. Return or Destruction of Information: Requirements for handling confidential information upon termination
10. Breach and Remedies: Consequences of breach and available remedies
11. General Provisions: Standard contractual provisions including governing law, jurisdiction, and entire agreement
1. Intellectual Property Rights: Additional provisions protecting IP rights when confidential information includes intellectual property
2. Data Protection Compliance: Specific provisions for compliance with privacy laws when personal information is involved
3. Third Party Rights: Provisions regarding the rights of third parties affected by the agreement
4. Insurance Requirements: Specific insurance obligations related to the indemnification provisions
5. Alternative Dispute Resolution: Procedures for resolving disputes through mediation or arbitration
6. Force Majeure: Provisions for handling circumstances beyond parties' control
7. Assignment and Succession: Rules regarding transfer of rights and obligations
8. Monitoring and Audit Rights: Rights to audit compliance with confidentiality obligations
1. Schedule 1 - Confidential Information: Detailed list or categories of information deemed confidential
2. Schedule 2 - Authorized Representatives: List of individuals authorized to receive or handle confidential information
3. Schedule 3 - Security Protocols: Specific security measures and procedures to be followed
4. Schedule 4 - Indemnification Procedures: Detailed procedures for making and handling indemnification claims
5. Appendix A - Notification Requirements: Forms and procedures for mandatory notifications
6. Appendix B - Destruction Certificate: Template certificate confirming destruction of confidential information
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