unilateral – requires only one (1) party (recipient of information) to be held liable against circumventing the disclosing party. the identity of the entity that wishes to protect its sensitive or confidential information from being shared with any parties outside this document without express permission must be named as the disclosing party. now that this document’s effective date and the identity of the disclosing party have been identified, it will be time to name the information recipient.
this will only obligate the information recipient to respect the confidentiality of the information shared by the disclosing party. document the formal name of the state whose laws and statutes apply to this agreement, the disclosing party, and the information recipient. the calendar date marking when the disclosing party formally acknowledged this agreement must be reported to the final space of the disclosing party’s signature area. after signing and printing his or her name the information recipient should report the calendar date when he or she officially accepted the conditions of this agreement by signing his or her name.
the confidential information shall not include information that (i) is or becomes generally available to the public other than as a result of acts by the recipient in breach of the terms of this agreement, (ii) is independently derived by the recipient without the aid, application, or use of the confidential information, (iii) is disclosed to the recipient by a third party on a non-confidential basis, or (iv) is required to be disclosed by applicable law or regulation. this is a material provision to this agreement and the disclosing party would not have disclosed any confidential information but for this provision. the recipient covenants not to use the confidential information to the detriment of the disclosing party and to use it only in connection with its evaluation of the potential transaction. the recipient and the disclosing party acknowledge that in the event of any breach of the terms of this agreement, the disclosing party may not be made whole by monetary damages.
the recipient may not assign or otherwise transfer any of its rights or obligations under this agreement to any third party without the prior written consent of the disclosing party. the captions contained in this agreement are for convenience only and shall not affect the construction or interpretation of any provisions of this agreement. it prevents the recipient from getting all of the disclosing party’s confidential information, then turning around and using that information to get a better deal or exclude the disclosing party out of the deal. this language obligates any affiliates of the recipient and the disclosing party to the terms contained in this agreement.
example – a distributor agrees to sell flour only to a specific pizza shop while the pizza shop agrees to use only use the distributor’s flour. each of presentee and presentor agrees to preserve and protect the secrecy and confidentiality of such information and shall disclose same to no third party download this free non-circumvention agreement template as a word document to help you with confidentially discuss a business opportunity., non circumvention agreement template free, non circumvention agreement template free, non circumvention agreement pdf, non circumvention agreement doc, broker non-circumvention agreement template.
this confidentiality and non circumvention agreement template will help you understand how this agreement functions and why lawyers include certain terms. the respective parties involved in this agreement, agree not to circumvent each other. the parties agree that they will not make any contact, directly or a non-circumvention agreement ensures that in the event that the disclosing party’s business contacts are revealed to the recipient, those, non circumvention clause independent contractor, non circumvention agreement real estate, mutual non circumvention clause, mutual non disclosure and non circumvention agreement, non circumvention agreement template uk, non circumvention and non solicitation, non circumvention clause nda sample, non circumvention agreement california, non circumvention nda template, non circumvention agreement edgar.
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