The Mutual Non-Circumvention Agreement is essential in business environments where protecting relationships and commission structures is crucial. It is commonly used in Australia when parties need to share sensitive business contacts or opportunities while ensuring these relationships won't be circumvented. The document typically includes details of protected relationships, commission structures, and confidentiality obligations, all structured within the framework of Australian contract law and competition regulations. It's particularly valuable for business brokers, consultants, and intermediaries who need to protect their business interests while sharing valuable contacts or opportunities with other parties. The agreement ensures compliance with Australian federal and state legislation, including the Competition and Consumer Act 2010 (Cth) and relevant fair trading laws.
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1. Parties: Identification of all parties entering into the agreement
2. Background: Context of the business relationship and purpose of the agreement
3. Definitions: Key terms used throughout the agreement, including 'Circumvention', 'Protected Relationships', 'Confidential Information'
4. Term and Duration: Period for which the agreement remains in effect
5. Non-Circumvention Obligations: Core obligations regarding not bypassing or circumventing the other party in business dealings
6. Confidentiality Obligations: Requirements for maintaining confidentiality of business relationships and information
7. Permitted Disclosures: Circumstances under which protected information may be disclosed
8. Direct Dealing Prohibition: Restrictions on direct contact or dealings with protected relationships
9. Compensation and Commission Protection: Provisions protecting agreed commission structures and payment obligations
10. Breach and Remedies: Consequences of breaching the agreement and available remedies
11. General Provisions: Standard clauses including governing law, notices, entire agreement, and amendment procedures
1. International Transactions: Additional provisions for cross-border dealings and international law considerations
2. Specific Industry Provisions: Industry-specific terms and obligations relevant to particular business sectors
3. Non-Solicitation: Additional restrictions on soliciting employees, clients, or suppliers
4. Survival Clause: Specifying which obligations continue after agreement termination
5. Alternative Dispute Resolution: Procedures for mediation or arbitration before litigation
6. Force Majeure: Provisions for handling circumstances beyond parties' control
7. Assignment Rights: Terms governing if and how rights under the agreement may be assigned
1. Schedule A - Protected Relationships: List of specific business relationships, contacts, and entities protected under the agreement
2. Schedule B - Commission Structures: Details of agreed commission rates and payment arrangements if applicable
3. Schedule C - Authorized Representatives: List of individuals authorized to act under the agreement for each party
4. Appendix 1 - Confidentiality Requirements: Detailed procedures and requirements for handling confidential information
Relevant legal definitions
Clauses
Relevant Industries
Financial Services
Real Estate
Business Brokerage
Investment Banking
International Trade
Mergers and Acquisitions
Commercial Property
Professional Services
Management Consulting
Import/Export
Business Advisory
Private Equity
Venture Capital
Relevant Teams
Business Development
Commercial
Legal
Executive Leadership
Sales
Strategic Partnerships
Mergers & Acquisitions
Corporate Development
Channel Management
Business Advisory
Relevant Roles
Business Development Manager
Commercial Director
Chief Executive Officer
Business Broker
Managing Director
Partnership Manager
Business Consultant
Commercial Manager
Investment Advisor
Sales Director
Strategic Alliance Manager
Chief Commercial Officer
Merger & Acquisition Manager
Business Development Executive
Channel Partner Manager
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