The Confidentiality And Non Circumvention Agreement is essential in modern business transactions where parties need to share sensitive information while protecting their business relationships. This agreement, governed by U.S. federal and state laws, serves two primary purposes: protecting confidential information from unauthorized disclosure and preventing parties from circumventing the original source of business opportunities. It's particularly crucial in situations involving business introductions, merger discussions, or joint ventures where both information security and relationship protection are paramount.
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1. Parties: Identification of all parties to the agreement with full legal names and addresses
2. Background: Context of the agreement and relationship between parties
3. Definitions: Key terms used throughout the agreement including definition of Confidential Information
4. Confidentiality Obligations: Core obligations regarding protection, non-disclosure, and use of confidential information
5. Non-Circumvention Obligations: Specific prohibitions on bypassing the disclosing party or directly contacting their business relationships
6. Term and Duration: Period of effectiveness and survival of obligations
7. Remedies: Available remedies including injunctive relief and damages in case of breach
8. General Provisions: Standard boilerplate including governing law, jurisdiction, and entire agreement
1. Return or Destruction of Materials: Procedures for returning or destroying confidential materials upon request or termination
2. Non-Solicitation: Additional provisions preventing solicitation of employees, customers, or business relationships
3. Permitted Disclosures: Exceptions to confidentiality obligations including required legal disclosures
4. Security Measures: Specific security protocols required for protecting confidential information
1. Schedule A - Confidential Information: Detailed list or categories of specific confidential information covered by the agreement
2. Schedule B - Authorized Representatives: List of individuals authorized to receive and handle confidential information
3. Schedule C - Permitted Purposes: Specific authorized uses and purposes for which confidential information may be used
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