The Non Circumvention Non Disclosure & Working Agreement (NCNDA) is a vital legal instrument used in New Zealand business contexts where parties need to protect their interests while engaging in business relationships. This document is particularly relevant when parties are exploring or entering into business opportunities that require sharing sensitive information, establishing operational parameters, and ensuring that business relationships are not circumvented. The agreement complies with New Zealand legislation, including the Contract and Commercial Law Act 2017 and Privacy Act 2020, providing comprehensive protection for confidential information while establishing clear working terms. It's commonly used in situations involving business development, consulting arrangements, joint ventures, or any scenario where parties need to share sensitive information while maintaining control over their business relationships and intellectual property.
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1. Parties: Identifies and provides full details of all parties to the agreement
2. Background: Explains the context and purpose of the agreement, including the nature of the business relationship
3. Definitions: Defines key terms used throughout the agreement, including 'Confidential Information', 'Circumvention', and 'Services'
4. Term and Termination: Specifies the duration of the agreement and circumstances under which it can be terminated
5. Confidentiality Obligations: Details the obligations regarding confidential information, including use, disclosure, and protection requirements
6. Non-Circumvention Provisions: Specifies restrictions on bypassing or circumventing the other party in business dealings
7. Working Relationship Terms: Outlines the nature of the working relationship, scope of services, and operational parameters
8. Compensation and Payment Terms: Details the fee structure, payment terms, and any commission arrangements
9. Intellectual Property Rights: Addresses ownership and usage rights of intellectual property created or shared during the relationship
10. Representations and Warranties: States the promises and guarantees made by each party
11. General Provisions: Contains standard clauses including governing law, notices, and amendment procedures
1. Non-Solicitation: Prevents parties from hiring each other's employees or contractors. Include when parties have valuable human resources
2. Insurance Requirements: Specifies required insurance coverage. Include when services involve significant risks or liabilities
3. Dispute Resolution: Details specific dispute resolution procedures. Include when parties want to specify mediation or arbitration processes
4. Force Majeure: Addresses unforeseeable circumstances preventing contract fulfillment. Include when long-term or high-value relationships are involved
5. Data Protection: Specific provisions for handling personal data. Include when dealing with personal information under Privacy Act 2020
6. Compliance with Laws: Specific regulatory compliance requirements. Include when operating in highly regulated industries
7. Exit Strategy: Detailed procedures for relationship termination. Include in complex business relationships
1. Schedule 1 - Confidential Information: Detailed list and description of information deemed confidential
2. Schedule 2 - Services Description: Detailed scope of services, deliverables, and performance metrics
3. Schedule 3 - Fee Schedule: Detailed breakdown of fees, commissions, and payment structures
4. Schedule 4 - Authorized Representatives: List of individuals authorized to receive confidential information or make decisions
5. Appendix A - Security Protocols: Specific procedures for handling and protecting confidential information
6. Appendix B - Reporting Requirements: Ƶ and procedures for required reporting between parties
Authors
Relevant legal definitions
Clauses
Relevant Industries
Technology and Software
Professional Services
Financial Services
Manufacturing
Real Estate and Property Development
Healthcare and Medical
Energy and Resources
Retail and E-commerce
Research and Development
Telecommunications
Business Consulting
International Trade
Intellectual Property
Biotechnology
Relevant Teams
Legal
Business Development
Executive Leadership
Operations
Finance
Research and Development
Sales
Strategic Partnerships
Project Management
Intellectual Property
Commercial
Information Technology
Procurement
Product Development
Relevant Roles
Chief Executive Officer
Business Development Manager
Legal Counsel
Chief Financial Officer
Project Manager
Consultant
Investment Manager
Operations Director
Strategic Partnership Manager
Research Director
Chief Technology Officer
Commercial Director
Intellectual Property Manager
Business Analyst
Sales Director
Product Development Manager
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