Mutual Confidentiality And Non Circumvention Agreement

Mutual Confidentiality And Non Circumvention Agreement Template for Nigeria

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Key Requirements PROMPT example:

"I need a Mutual Confidentiality and Non-Circumvention Agreement for a technology partnership between my Nigerian software company and a UK-based AI firm, with special emphasis on protecting source code and client lists, to be effective from March 2025."

Document background

The Mutual Confidentiality And Non Circumvention Agreement is essential for businesses operating in Nigeria who need to protect sensitive information and business relationships during negotiations, partnerships, or potential collaborations. This document is particularly relevant in the Nigerian business environment where protecting intellectual property and business opportunities is crucial. It combines both confidentiality provisions (protecting sensitive business information, trade secrets, and proprietary data) with non-circumvention clauses (preventing parties from bypassing each other in business dealings). The agreement is structured to comply with Nigerian law, including the Freedom of Information Act 2011 and common law principles, making it suitable for both domestic and international business relationships where at least one party operates in Nigeria.

Suggested Sections

1. Parties: Identification of all parties entering into the agreement, including their full legal names, registration numbers, and registered addresses

2. Background: Context of the agreement, including the purpose of sharing confidential information and the business relationship between the parties

3. Definitions: Definitions of key terms including 'Confidential Information', 'Representatives', 'Permitted Purpose', and 'Non-Circumvention'

4. Confidentiality Obligations: Core obligations regarding the protection, non-disclosure, and permitted uses of confidential information

5. Non-Circumvention Obligations: Obligations not to bypass or circumvent the other party in business dealings related to the disclosed information

6. Information Security Measures: Specific measures required to protect confidential information, including physical, electronic, and procedural safeguards

7. Permitted Disclosures: Circumstances under which confidential information may be disclosed, including to employees, advisors, or as required by law

8. Return or Destruction of Information: Requirements for handling confidential information upon termination or request

9. Duration and Survival: Term of the agreement and which obligations survive termination

10. Breach and Remedies: Consequences of breach and available remedies, including injunctive relief

11. General Provisions: Standard contractual provisions including governing law, jurisdiction, entire agreement, and amendments

Optional Sections

1. Intellectual Property Rights: Specific provisions clarifying ownership and protection of intellectual property rights - include when IP is a significant component of the confidential information

2. Non-Solicitation: Provisions preventing parties from soliciting each other's employees or clients - include when there's significant risk of talent or client poaching

3. Data Protection: Specific provisions for handling personal data under Nigerian law - include when personal data will be shared

4. Publicity: Restrictions on public announcements about the relationship - include for high-profile or sensitive business relationships

5. Insurance Requirements: Obligations to maintain specific insurance coverage - include for high-value or high-risk information sharing

6. Dispute Resolution: Detailed alternative dispute resolution procedures - include when parties prefer arbitration or mediation over court proceedings

7. Force Majeure: Provisions for handling unforeseen circumstances - include when long-term information sharing is contemplated

Suggested Schedules

1. Schedule 1 - Confidential Information: Detailed list or categories of information deemed confidential under the agreement

2. Schedule 2 - Authorized Representatives: List of individuals authorized to receive and handle confidential information

3. Schedule 3 - Security Protocols: Specific security measures and protocols to be followed when handling confidential information

4. Schedule 4 - Permitted Purpose: Detailed description of the specific business purpose for which confidential information may be used

5. Appendix A - Information Handling Procedures: Step-by-step procedures for handling, storing, and destroying confidential information

6. Appendix B - Breach Notification Procedures: Procedures to be followed in the event of a suspected or actual breach of confidentiality

Authors

Alex Denne

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

alex.den.21@genieai.co

Relevant legal definitions

Clauses

Relevant Industries

Technology and Software

Financial Services

Manufacturing

Oil and Gas

Telecommunications

Professional Services

Healthcare

Real Estate

Mining and Natural Resources

Agriculture

Research and Development

E-commerce

Construction

Education

Entertainment and Media

Relevant Teams

Legal

Business Development

Executive Leadership

Operations

Finance

Research and Development

Procurement

Strategy

Commercial

Compliance

Information Technology

Innovation

Partnership Management

Project Management

Risk Management

Relevant Roles

Chief Executive Officer

Managing Director

Business Development Manager

Legal Counsel

Chief Financial Officer

Operations Director

Project Manager

Research and Development Director

Investment Manager

Partnership Manager

Procurement Manager

Strategy Director

Innovation Manager

Technology Officer

Commercial Director

Compliance Officer

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