This Non-Circumvention Agreement is essential in business contexts where parties share valuable business contacts, opportunities, or relationships that need protection under German law. It is particularly relevant when introducing business partners, facilitating deals, or sharing business opportunities where there's a risk of direct circumvention of the introducing party. The agreement operates within the framework of German contract law, specifically considering provisions of the Bürgerliches Gesetzbuch (BGB) and Gesetz gegen den unlauteren Wettbewerb (UWG). It typically includes detailed provisions on prohibited circumvention activities, duration of obligations, and remedies for breach, while ensuring compliance with German competition law and constitutional freedoms.
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1. Parties: Identification and details of all contracting parties
2. Background: Context of the business relationship and purpose of the agreement
3. Definitions: Key terms used throughout the agreement, including 'Circumvention', 'Confidential Information', 'Business Opportunity', etc.
4. Scope of Agreement: Specific activities, relationships, and business opportunities covered by the non-circumvention obligations
5. Non-Circumvention Obligations: Core obligations not to bypass or circumvent the other party in specified business relationships
6. Confidentiality Obligations: Requirements for handling confidential information disclosed during business discussions
7. Duration: Term of the agreement and survival of obligations
8. Breach and Remedies: Consequences of breach and available remedies including damages
9. Governing Law and Jurisdiction: Specification of German law application and jurisdiction for disputes
10. General Provisions: Standard clauses including severability, entire agreement, and amendments
1. Commission and Fee Arrangements: Used when the agreement includes specific fee-sharing or commission structures
2. Territory Restrictions: Include when the non-circumvention obligations are limited to specific geographic areas
3. Specific Transaction Provisions: Added when the agreement relates to specific identified business opportunities
4. Non-Solicitation: Optional additional restrictions on soliciting employees or clients
5. Data Protection: Required when personal data processing is involved, ensuring GDPR compliance
6. Force Majeure: Optional clause addressing unforeseeable circumstances preventing performance
7. Assignment Rights: Include when transfer of rights needs to be specifically addressed
8. Alternative Dispute Resolution: Optional mediation or arbitration provisions before court proceedings
1. Schedule 1 - Protected Relationships: List of specific business relationships covered by the non-circumvention obligations
2. Schedule 2 - Protected Territories: If applicable, detailed list of geographic areas covered by the agreement
3. Schedule 3 - Fee Structure: If applicable, detailed breakdown of commission or fee arrangements
4. Appendix A - Confidential Information: Specific categories of information deemed confidential under the agreement
5. Appendix B - Authorized Representatives: List of individuals authorized to receive confidential information
Relevant legal definitions
Clauses
Relevant Industries
Financial Services
Manufacturing
Technology
Real Estate
International Trade
Professional Services
Investment Banking
Wholesale Distribution
Business Consulting
Mergers & Acquisitions
Import/Export
Energy
Telecommunications
Relevant Teams
Legal
Business Development
Commercial
Sales
Procurement
Executive Leadership
Mergers & Acquisitions
Strategic Partnerships
International Business
Contract Management
Compliance
Corporate Development
Relevant Roles
Business Development Manager
Chief Executive Officer
Commercial Director
Business Broker
Investment Manager
Managing Director
Sales Director
Strategic Partnerships Manager
Procurement Manager
Legal Counsel
Contract Manager
Business Consultant
Chief Financial Officer
International Trade Manager
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