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Non Circumvention Agreement

Non Circumvention Agreement Template for Switzerland

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Key Requirements PROMPT example:

Non Circumvention Agreements

"I need a Non Circumvention Agreement to protect my technology consulting firm when introducing potential clients to our overseas manufacturing partners in Asia, with specific focus on protecting our client relationships and commission structure for a new project starting January 2025."

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Document background
Non Circumvention Agreements are essential legal instruments in today's interconnected business environment, particularly under Swiss law which offers strong protection for business relationships and confidential information. These agreements are typically used when parties are introduced to valuable business contacts, opportunities, or information through an intermediary, and need to ensure that these relationships are protected from direct engagement that bypasses the introducer. The document outlines specific prohibited activities, defines protected relationships, and establishes clear consequences for violations. Swiss law provides an ideal framework for these agreements due to its well-developed commercial law system, strong protection of business interests, and international recognition. The agreement is particularly valuable in international business contexts, where Switzerland's neutral and reliable legal system offers additional advantages for enforcement.
Suggested Sections

1. Parties: Identification of all contracting parties, including full legal names, addresses, and registration details

2. Background: Context of the agreement, including the nature of the business relationship and purpose of the non-circumvention provisions

3. Definitions: Clear definitions of key terms including 'Circumvention', 'Confidential Information', 'Protected Relationships', and 'Restricted Activities'

4. Scope of Non-Circumvention: Detailed description of prohibited activities and specific circumstances under which the non-circumvention obligations apply

5. Duration: Term of the agreement and survival provisions for specific obligations

6. Non-Circumvention Obligations: Specific commitments and restrictions regarding direct/indirect business dealings with protected relationships

7. Confidentiality Obligations: Obligations regarding the handling and protection of confidential information related to the protected relationships

8. Permitted Activities: Clear outline of activities that are explicitly allowed despite the non-circumvention provisions

9. Breach and Remedies: Consequences of breach, including damages, injunctive relief, and other remedies

10. General Provisions: Standard contractual provisions including governing law, jurisdiction, entire agreement, and amendments

Optional Sections

1. Non-Solicitation: Additional provisions preventing solicitation of employees or clients, included when human resources or client relationships are particularly sensitive

2. Monitoring and Reporting: Procedures for monitoring compliance and reporting requirements, used in complex business relationships

3. Commission Structures: Details of commission arrangements for permitted introductions or dealings, included when there are fee-sharing arrangements

4. Dispute Resolution: Specific procedures for resolving disputes, including mediation or arbitration, recommended for international agreements

5. Insurance Requirements: Specific insurance obligations, included when activities involve significant financial risks

6. Assignment and Succession: Detailed provisions regarding transfer of rights and obligations, important for long-term agreements

Suggested Schedules

1. Schedule 1: Protected Relationships: Comprehensive list of protected clients, suppliers, partners, or other business relationships

2. Schedule 2: Restricted Activities: Detailed list of specifically prohibited activities and business dealings

3. Schedule 3: Reporting Templates: Standard forms for any required compliance reporting

4. Schedule 4: Commission Calculations: Detailed methodology for calculating any agreed commissions or fees

5. Appendix A: Confidentiality Procedures: Specific procedures for handling and protecting confidential information

6. Appendix B: Compliance Checklist: Checklist for ensuring compliance with non-circumvention obligations

Authors

Alex Denne

Head of Growth (Open Source Law) @ ¶¶Òõ¶ÌÊÓƵ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

alex.den.21@genieai.co
Relevant legal definitions





























Clauses


























Relevant Industries

Financial Services

Investment Banking

Technology

Manufacturing

International Trade

Professional Services

Real Estate

Private Equity

Consulting

Telecommunications

Pharmaceutical

Energy

Commodities Trading

Relevant Teams

Legal

Business Development

Commercial

Executive Leadership

Mergers & Acquisitions

Strategic Partnerships

International Trade

Compliance

Finance

Operations

Relevant Roles

Business Development Manager

Chief Executive Officer

Chief Financial Officer

Commercial Director

Business Broker

Investment Advisor

Legal Counsel

Contract Manager

Business Consultant

Strategic Partnership Manager

Mergers & Acquisitions Director

International Trade Manager

Chief Operating Officer

Relationship Manager

Business Intelligence Manager

Industries






Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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