The Non-Disclosure Non-Disparagement Agreement is essential in today's business environment where both information security and reputation management are crucial. This document is commonly used in New Zealand when parties need to share sensitive information while ensuring mutual professional respect and protection of reputation. It's particularly relevant in employment terminations, business partnerships, consultancy arrangements, and other professional relationships where parties have access to confidential information and the ability to impact each other's reputation. The agreement must comply with New Zealand legislation, including the Privacy Act 2020 and Defamation Act 1992, while providing clear, enforceable terms for both confidentiality and non-disparagement obligations. This document is designed to protect business interests while balancing individual rights and statutory obligations under New Zealand law.
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1. Parties: Identifies and defines all parties to the agreement, including their legal names, addresses, and any relevant corporate details
2. Background: Sets out the context and purpose of the agreement, including the relationship between the parties and the reason for entering into the agreement
3. Definitions: Defines key terms used throughout the agreement, including 'Confidential Information', 'Disparagement', and other relevant terms
4. Confidentiality Obligations: Details the specific obligations regarding confidential information, including use, storage, and protection requirements
5. Non-Disparagement Obligations: Specifies the nature and scope of non-disparagement commitments, including what constitutes disparagement
6. Term and Survival: Specifies the duration of the agreement and which obligations survive termination
7. Return or Destruction of Confidential Information: Procedures for handling confidential information upon termination or request
8. Breach and Remedies: Outlines consequences of breach and available remedies, including injunctive relief
9. General Provisions: Standard contract clauses including governing law, entire agreement, and amendments
1. Permitted Disclosures: Used when specific exceptions to confidentiality need to be explicitly stated, such as disclosures required by law or to professional advisors
2. Social Media and Online Conduct: Include when parties have significant online presence or when social media activities need specific regulation
3. Third Party Beneficiaries: Required when the agreement needs to protect additional parties not directly signing the agreement
4. Mutual vs One-Way Obligations: Used to specify whether obligations are reciprocal or one-sided, depending on the relationship between parties
5. Dispute Resolution: Include when specific dispute resolution procedures (mediation/arbitration) are preferred over court proceedings
6. Assignment and Delegation: Include when transfer of rights or obligations needs to be specifically addressed
7. Severability: Important when certain provisions are particularly crucial and need to survive if others are found invalid
1. Schedule 1: Defined Confidential Information: Detailed list or categories of information considered confidential under the agreement
2. Schedule 2: Authorized Recipients: List of individuals or roles authorized to receive confidential information
3. Schedule 3: Security Protocols: Specific procedures and requirements for handling and protecting confidential information
4. Schedule 4: Approved Public Statements: Pre-approved language or statements that can be made publicly about the relationship or matter
5. Appendix A: Form of Confidentiality Undertaking: Template for additional parties who may need to sign confidentiality undertakings
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