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Non Circumvention Agreement (Real Estate)
"I need a Non Circumvention Agreement (Real Estate) to protect my property investment firm's interests when sharing confidential information about luxury residential properties in Mumbai with international investors, with specific focus on protecting our commission structure and business relationships for a minimum period of 3 years."
1. Parties: Identifies and defines all parties to the agreement, including their legal status and contact details
2. Background: Explains the context of the agreement, including the nature of the real estate business relationship and purpose of the agreement
3. Definitions: Defines key terms used throughout the agreement, including 'Confidential Information', 'Circumvention', 'Transaction', etc.
4. Scope of Agreement: Defines the territorial and business scope to which the non-circumvention obligations apply
5. Non-Circumvention Obligations: Core provisions detailing the specific actions parties are prohibited from taking to bypass each other
6. Confidentiality Obligations: Specifies the duties regarding handling and protection of confidential information
7. Term and Duration: Specifies how long the agreement remains in force and any survival provisions
8. Permitted Activities: Clearly outlines what activities are allowed to avoid unintended restrictions
9. Commission and Fee Protection: Provisions protecting agreed-upon fees and commission structures
10. Breach and Remedies: Specifies what constitutes a breach and the consequences/remedies available
11. Governing Law and Jurisdiction: Specifies that Indian law governs and establishes jurisdiction for disputes
12. General Provisions: Standard boilerplate clauses including notices, amendments, severability, etc.
1. Non-Solicitation: Additional provisions preventing parties from soliciting employees or clients, used when there's significant risk of talent or client poaching
2. Dispute Resolution: Detailed arbitration or mediation procedures, used for high-value deals or when parties prefer alternative dispute resolution
3. Specific Transaction Provisions: Used when the agreement relates to specific known transactions rather than general business relationships
4. Information Security Requirements: Detailed protocols for handling digital information, used when sensitive digital data is involved
5. Bank Guarantee/Security: Used in high-value transactions where additional financial security is required
6. Third Party Rights: Provisions regarding the rights of third parties, used when other stakeholders might be affected
1. Schedule 1 - Protected Properties: List of specific real estate properties covered by the agreement
2. Schedule 2 - Authorized Representatives: List of individuals authorized to receive/handle confidential information
3. Schedule 3 - Commission Structure: Detailed breakdown of agreed commission rates and payment structures
4. Schedule 4 - Confidential Information: Specific types of confidential information covered by the agreement
5. Appendix A - Communication Protocols: Agreed procedures for communication between parties
6. Appendix B - Reporting Requirements: Templates and procedures for any required reporting between parties
Authors
Real Estate
Property Development
Construction
Real Estate Investment
Property Management
Commercial Real Estate
Residential Real Estate
Industrial Real Estate
Real Estate Technology
Property Consulting
Urban Planning
Infrastructure Development
Legal
Real Estate
Business Development
Investment
Operations
Asset Management
Acquisitions
Property Management
Valuations
Deal Advisory
Risk Management
Compliance
Real Estate Director
Property Development Manager
Investment Manager
Real Estate Broker
Business Development Manager
Property Consultant
Real Estate Agent
Investment Advisor
Asset Manager
Acquisition Manager
Real Estate Portfolio Manager
Property Valuation Specialist
Real Estate Legal Counsel
Development Director
Real Estate Operations Manager
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