The Non-Circumvention, Non-Disclosure & Working Agreement is essential in business contexts where parties need to protect their business relationships, confidential information, and establish clear working terms under Indonesian law. This document is particularly vital when business intermediaries, consultants, or service providers need to share sensitive information or introduce business opportunities while protecting their interests. The agreement ensures compliance with Indonesian regulations, including the Civil Code, Trade Secrets Law, and Competition Law, while providing comprehensive protection against unauthorized disclosure of confidential information and circumvention of business relationships. It's commonly used in situations involving business introductions, joint ventures, project development, or any scenario where parties need to share sensitive information while maintaining control over their business relationships and intellectual property.
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1. Parties: Identification and details of all parties entering into the agreement
2. Background: Context of the agreement, relationship between parties, and purpose of entering into this agreement
3. Definitions: Definitions of key terms used throughout the agreement, including 'Confidential Information', 'Circumvention', 'Project', and other relevant terms
4. Scope of Agreement: Overview of the working relationship and general obligations of all parties
5. Confidentiality Obligations: Detailed provisions regarding the protection, use, and handling of confidential information
6. Non-Circumvention Provisions: Specific obligations preventing parties from bypassing each other in business dealings
7. Working Relationship Terms: Terms governing the working relationship, including roles, responsibilities, and deliverables
8. Duration and Term: Period of the agreement, including commencement date and termination provisions
9. Compensation and Payment Terms: Financial arrangements, payment schedules, and related terms
10. Intellectual Property Rights: Ownership and protection of IP created during the working relationship
11. Breach and Remedies: Consequences of breach and available remedies
12. General Provisions: Standard clauses including notices, amendments, governing law, etc.
13. Execution: Signature blocks and execution requirements
1. Territory and Jurisdiction: Define specific geographical areas where the agreement applies, used when the agreement needs to be limited to certain regions or markets
2. Non-Solicitation: Prevents parties from soliciting each other's employees or clients, included when there's significant risk of talent or client poaching
3. Insurance Requirements: Specifies required insurance coverage, included when the working relationship involves significant risks or liabilities
4. Dispute Resolution: Detailed procedures for handling disputes, including mediation or arbitration, used when parties want to specify alternative dispute resolution methods
5. Force Majeure: Provisions for unforeseen circumstances, particularly relevant in long-term working relationships
6. Data Protection: Specific provisions regarding personal data handling, included when the relationship involves processing personal data
7. Regulatory Compliance: Industry-specific compliance requirements, included when operating in regulated industries
1. Schedule A - Scope of Work: Detailed description of services, deliverables, and project specifications
2. Schedule B - Fee Schedule: Detailed breakdown of fees, payment terms, and payment milestones
3. Schedule C - Confidential Information: Specific list or categories of information deemed confidential
4. Schedule D - Authorized Representatives: List of designated representatives from each party authorized to handle confidential information
5. Schedule E - Protected Relationships: List of specific business relationships protected under non-circumvention provisions
6. Appendix 1 - Security Protocols: Specific procedures for handling and protecting confidential information
7. Appendix 2 - Reporting Templates: Standard forms for progress reports and other required documentation
Relevant legal definitions
Clauses
Relevant Industries
Technology and Software
Manufacturing
Business Consulting
Financial Services
Real Estate Development
International Trade
Energy and Resources
Professional Services
Investment and Private Equity
Research and Development
Healthcare
Telecommunications
Relevant Teams
Legal
Business Development
Executive Leadership
Operations
Commercial
Procurement
Strategic Partnerships
Finance
Project Management
Risk Management
Compliance
International Business
Relevant Roles
Business Development Manager
Chief Executive Officer
Chief Operating Officer
Project Manager
Business Consultant
Legal Counsel
Contract Manager
Investment Director
Managing Director
Business Development Director
Strategic Partnership Manager
Commercial Director
Chief Financial Officer
Operations Manager
Procurement Manager
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