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Non Circumvention Agreement (Real Estate) Template for India

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Key Requirements PROMPT example:

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."

Document background
The Non-Circumvention Agreement (Real Estate) is essential in Indian real estate transactions where multiple parties share sensitive business information and opportunities. This document becomes crucial when real estate professionals, developers, investors, or consultants need to protect their business interests and prevent other parties from bypassing them in deals they've introduced or facilitated. It is particularly relevant in today's interconnected market where information about property deals flows freely and there's increased risk of intermediaries being circumvented. The agreement, governed by Indian law, typically includes provisions for protecting commission structures, maintaining confidentiality of deal information, and defining permitted communication channels. It's commonly used in both commercial and residential real estate sectors, especially in high-value transactions or when dealing with international investors in the Indian market.
Suggested Sections

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.

Optional Sections

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

Suggested Schedules

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

Alex Denne

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

Relevant legal definitions






























Clauses



























Relevant Industries

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

Relevant Teams

Legal

Real Estate

Business Development

Investment

Operations

Asset Management

Acquisitions

Property Management

Valuations

Deal Advisory

Risk Management

Compliance

Relevant Roles

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

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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