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Business Broker NDA
"I need a Business Broker NDA for my M&A firm in California that specifically includes strong non-circumvention provisions and protection for our proprietary deal database, as we'll be working with multiple potential buyers starting January 2025."
1. Parties: Identification of the business broker and the recipient of confidential information
2. Background: Context of the business brokerage relationship and purpose of the NDA
3. Definitions: Key terms including 'Confidential Information', 'Purpose', 'Representatives', 'Trade Secrets'
4. Confidentiality Obligations: Core obligations regarding the protection and non-disclosure of confidential information
5. Permitted Disclosures: Circumstances under which confidential information may be disclosed
6. Term and Termination: Duration of the agreement and termination provisions
7. Return of Confidential Information: Obligations regarding the return or destruction of confidential materials
1. Non-Solicitation: Prevents solicitation of employees or customers - include when protecting against poaching of employees or clients
2. Non-Circumvention: Prevents direct contact with disclosed business opportunities - include when broker wants to protect their commission rights
3. Securities Laws Compliance: Provisions regarding insider trading and securities laws - include when dealing with publicly traded companies
4. Data Protection: Specific provisions for handling personal data - include when confidential information includes personal data
1. Description of Confidential Information: Detailed list of types of confidential information covered
2. Authorized Representatives: List of individuals authorized to receive confidential information
3. Security Protocols: Specific procedures for handling and protecting confidential information
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