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Non Circumvention Agreement

Non Circumvention Agreement Template for Germany

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Key Requirements PROMPT example:

Non Circumvention Agreement

"I need a Non Circumvention Agreement to protect my technology consulting firm when introducing potential clients to our network of specialized software developers in Germany and Austria, with particular emphasis on protecting our commission structure and client relationships for a minimum of 3 years."

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Document background
This Non-Circumvention Agreement is essential in business contexts where parties share valuable business contacts, opportunities, or relationships that need protection under German law. It is particularly relevant when introducing business partners, facilitating deals, or sharing business opportunities where there's a risk of direct circumvention of the introducing party. The agreement operates within the framework of German contract law, specifically considering provisions of the Bürgerliches Gesetzbuch (BGB) and Gesetz gegen den unlauteren Wettbewerb (UWG). It typically includes detailed provisions on prohibited circumvention activities, duration of obligations, and remedies for breach, while ensuring compliance with German competition law and constitutional freedoms.
Suggested Sections

1. Parties: Identification and details of all contracting parties

2. Background: Context of the business relationship and purpose of the agreement

3. Definitions: Key terms used throughout the agreement, including 'Circumvention', 'Confidential Information', 'Business Opportunity', etc.

4. Scope of Agreement: Specific activities, relationships, and business opportunities covered by the non-circumvention obligations

5. Non-Circumvention Obligations: Core obligations not to bypass or circumvent the other party in specified business relationships

6. Confidentiality Obligations: Requirements for handling confidential information disclosed during business discussions

7. Duration: Term of the agreement and survival of obligations

8. Breach and Remedies: Consequences of breach and available remedies including damages

9. Governing Law and Jurisdiction: Specification of German law application and jurisdiction for disputes

10. General Provisions: Standard clauses including severability, entire agreement, and amendments

Optional Sections

1. Commission and Fee Arrangements: Used when the agreement includes specific fee-sharing or commission structures

2. Territory Restrictions: Include when the non-circumvention obligations are limited to specific geographic areas

3. Specific Transaction Provisions: Added when the agreement relates to specific identified business opportunities

4. Non-Solicitation: Optional additional restrictions on soliciting employees or clients

5. Data Protection: Required when personal data processing is involved, ensuring GDPR compliance

6. Force Majeure: Optional clause addressing unforeseeable circumstances preventing performance

7. Assignment Rights: Include when transfer of rights needs to be specifically addressed

8. Alternative Dispute Resolution: Optional mediation or arbitration provisions before court proceedings

Suggested Schedules

1. Schedule 1 - Protected Relationships: List of specific business relationships covered by the non-circumvention obligations

2. Schedule 2 - Protected Territories: If applicable, detailed list of geographic areas covered by the agreement

3. Schedule 3 - Fee Structure: If applicable, detailed breakdown of commission or fee arrangements

4. Appendix A - Confidential Information: Specific categories of information deemed confidential under the agreement

5. Appendix B - Authorized Representatives: List of individuals authorized to receive confidential information

Authors

Alex Denne

Head of Growth (Open Source Law) @ tiktok³ÉÈË°æ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

alex.den.21@genieai.co
Relevant legal definitions




























Clauses




























Relevant Industries

Financial Services

Manufacturing

Technology

Real Estate

International Trade

Professional Services

Investment Banking

Wholesale Distribution

Business Consulting

Mergers & Acquisitions

Import/Export

Energy

Telecommunications

Relevant Teams

Legal

Business Development

Commercial

Sales

Procurement

Executive Leadership

Mergers & Acquisitions

Strategic Partnerships

International Business

Contract Management

Compliance

Corporate Development

Relevant Roles

Business Development Manager

Chief Executive Officer

Commercial Director

Business Broker

Investment Manager

Managing Director

Sales Director

Strategic Partnerships Manager

Procurement Manager

Legal Counsel

Contract Manager

Business Consultant

Chief Financial Officer

International Trade Manager

Industries







Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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