The Commercial Real Estate Non Disclosure Agreement is essential for protecting confidential information exchanged during commercial property transactions in India. This document should be used whenever parties need to share sensitive information during property negotiations, due diligence, or potential real estate developments. It covers various types of confidential information including property valuations, financial projections, tenant details, development plans, and proprietary business information. The agreement is structured to comply with Indian legal requirements, including the Indian Contract Act, 1872, and relevant real estate regulations. It is particularly important in scenarios involving high-value commercial properties, development projects, or when multiple parties are involved in complex real estate transactions. The document provides legal recourse under Indian jurisdiction in case of unauthorized disclosure or misuse of confidential information.
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1. Parties: Identifies all parties to the agreement, including full legal names, addresses, and company registration details if applicable
2. Background: Sets out the context of the agreement, including the purpose of sharing confidential information related to the real estate transaction
3. Definitions: Defines key terms used in the agreement, particularly 'Confidential Information', 'Property', 'Permitted Purpose', and 'Representatives'
4. Scope of Confidential Information: Detailed description of what constitutes confidential information in the context of the real estate transaction
5. Obligations of Confidentiality: Core confidentiality obligations, including use restrictions and security measures
6. Permitted Disclosures: Circumstances under which confidential information may be disclosed, including to professional advisors and as required by law
7. Term and Survival: Duration of the confidentiality obligations and which provisions survive termination
8. Return or Destruction of Confidential Information: Requirements for handling confidential information after the agreement ends or upon request
9. Remedies: Legal remedies available in case of breach, including injunctive relief
10. General Provisions: Standard contract clauses including governing law, jurisdiction, and entire agreement
1. Data Protection: Additional provisions for handling personal data when the confidential information includes personal information
2. Intellectual Property Rights: Specific provisions protecting intellectual property when the real estate transaction involves proprietary designs, technologies, or business methods
3. Non-Solicitation: Restrictions on soliciting employees or clients, used when parties have significant human resource interactions during the transaction
4. Non-Circumvention: Prevents parties from bypassing each other in the transaction, important in brokered deals
5. Force Majeure: Provisions for handling extraordinary events affecting confidentiality obligations
6. Digital Security Measures: Specific requirements for protecting digital information, used when significant electronic data is shared
1. Schedule 1 - Property Details: Specific details of the property or properties involved in the transaction
2. Schedule 2 - Authorized Representatives: List of individuals authorized to receive and handle confidential information
3. Schedule 3 - Security Protocols: Detailed security measures and protocols for handling confidential information
4. Appendix A - Confidential Information Categories: Detailed list of categories of information considered confidential
5. Appendix B - Acknowledgment Form: Form to be signed by representatives who will have access to confidential information
Relevant legal definitions
Clauses
Relevant Industries
Real Estate
Commercial Property Development
Property Investment
Banking & Financial Services
Retail
Hospitality
Healthcare
Information Technology
Manufacturing
Professional Services
Logistics & Warehousing
Relevant Teams
Legal
Real Estate
Investment
Finance
Compliance
Operations
Business Development
Risk Management
Property Management
Facilities Management
Due Diligence
Corporate Development
Relevant Roles
Real Estate Director
Property Manager
Investment Analyst
Legal Counsel
Chief Financial Officer
Development Manager
Acquisitions Manager
Asset Manager
Due Diligence Officer
Facilities Manager
Real Estate Broker
Property Valuation Specialist
Corporate Real Estate Manager
Investment Director
Compliance Officer
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