The Real Estate Confidentiality Agreement is essential for protecting sensitive information during property transactions and developments in Saudi Arabia. It is typically used when parties need to exchange confidential information during due diligence, property negotiations, or development planning. The agreement ensures compliance with Saudi laws, including the Real Estate Ownership and Investment Law, Commercial Courts Law, and Shariah principles. It covers various types of confidential information including property valuations, development plans, financial projections, and proprietary business information. This document is particularly relevant given Saudi Arabia's expanding real estate market and increasing international investment under Vision 2030, where protection of sensitive commercial information is crucial.
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1. Parties: Identification of all parties to the agreement, including full legal names, addresses, and commercial registration numbers if applicable
2. Background: Context of the agreement, purpose of sharing confidential information, and general nature of the real estate transaction being contemplated
3. Definitions: Detailed definitions including 'Confidential Information', 'Permitted Purpose', 'Representatives', 'Real Estate Asset', and other key terms
4. Scope of Confidential Information: Detailed description of what constitutes confidential information in the context of the real estate transaction
5. Obligations of Confidentiality: Core confidentiality obligations, including handling, storage, and protection 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 confidentiality obligations and which provisions survive termination
8. Return or Destruction of Confidential Information: Obligations regarding the return or destruction of confidential information upon request or termination
9. Remedies: Available remedies in case of breach, including injunctive relief and compensation
10. General Provisions: Standard provisions including governing law, jurisdiction, and entire agreement
1. Non-Circumvention: Additional provisions preventing parties from bypassing each other in the contemplated transaction, used when there are multiple potential investors or buyers
2. Data Protection: Specific provisions relating to personal data protection, required when confidential information includes personal data
3. Electronic Information Security: Specific provisions for handling electronic data and cybersecurity measures, used when significant electronic data will be shared
4. Shariah Compliance: Specific provisions ensuring compliance with Shariah principles, particularly relevant for Islamic finance transactions
5. Translation: Provisions regarding official translation and prevailing language, used when parties require dual language versions
6. Representatives and Authorized Persons: Detailed provisions about who can access confidential information, used for complex transactions with multiple advisors
1. Schedule 1 - Description of Real Estate Asset: Detailed description of the property or properties involved, including title details and location
2. Schedule 2 - Authorized Representatives: List of authorized representatives who may receive confidential information
3. Schedule 3 - Security Protocols: Specific security measures and protocols for handling confidential information
4. Schedule 4 - Excluded Information: List of information specifically excluded from confidentiality obligations
5. Appendix A - Form of Acknowledgment: Template acknowledgment to be signed by representatives who will access confidential information
Relevant legal definitions
Clauses
Relevant Industries
Real Estate Development
Commercial Property
Residential Property
Retail Property
Industrial Property
Hospitality
Mixed-Use Development
Infrastructure Development
Real Estate Investment
Construction
Property Management
Real Estate Finance
Islamic Finance
Relevant Teams
Legal
Real Estate
Investment
Compliance
Finance
Business Development
Operations
Risk Management
Asset Management
Due Diligence
Property Management
Acquisitions
Development
Relevant Roles
Real Estate Director
Property Development Manager
Investment Manager
Legal Counsel
Chief Investment Officer
Real Estate Analyst
Property Portfolio Manager
Acquisitions Manager
Due Diligence Officer
Compliance Manager
Real Estate Finance Manager
Chief Executive Officer
Business Development Director
Asset Manager
Real Estate Operations Manager
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