The Commercial Real Estate Non Disclosure Agreement is essential for protecting sensitive information exchanged during commercial property transactions in Saudi Arabia. This document is typically used when parties are considering or engaging in significant real estate transactions such as property sales, leases, or development projects, where confidential information about the property, financial details, or business plans needs to be shared. It ensures compliance with Saudi Arabian law, including relevant real estate regulations and Sharia principles, while providing a framework for secure information exchange. The agreement is particularly important during due diligence phases, where detailed property information, financial records, and market analyses are shared between parties.
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1. Parties: Identification of all parties to the agreement, including full legal names, addresses, and commercial registration numbers
2. Background: Context of the agreement, nature of the real estate transaction being contemplated, and general purpose of the confidentiality agreement
3. Definitions: Detailed definitions of key terms, including '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. Confidentiality Obligations: Core obligations regarding the protection and non-disclosure of confidential information
6. Permitted Use and Disclosure: Specified permitted uses of confidential information and conditions for disclosure to representatives
7. Security Measures: Required security measures for protecting confidential information
8. Return or Destruction of Confidential Information: Obligations regarding the return or destruction of confidential information upon request or termination
9. Term and Termination: Duration of the agreement and circumstances for termination
10. Breach and Remedies: Consequences of breach and available remedies
11. Governing Law and Jurisdiction: Specification of Saudi law as governing law and jurisdiction for disputes
12. Entire Agreement: Standard integration clause confirming the agreement represents the entire understanding between parties
1. Sharia Compliance: Explicit confirmation of compliance with Sharia principles - recommended for transactions involving Islamic financial institutions
2. Digital Information Security: Specific provisions for protecting digital information and compliance with Saudi cybersecurity laws - include when digital property information is involved
3. Property Access: Terms governing physical access to the property for due diligence - include when physical property access is required
4. Broker/Agent Provisions: Specific provisions relating to real estate brokers or agents - include when brokers are involved in the transaction
5. Assignment: Terms governing the ability to assign rights under the NDA - include for complex commercial transactions
6. Language: Provisions regarding official language and translations - include when parties require dual language versions
1. Schedule 1 - Property Details: Detailed description of the commercial real estate property subject to the agreement
2. Schedule 2 - Authorized Representatives: List of authorized representatives who may access confidential information
3. Schedule 3 - Security Protocols: Specific security measures and protocols for handling confidential information
4. Appendix A - Permitted Purpose: Detailed description of the permitted purpose for which confidential information may be used
5. Appendix B - Form of Confidentiality Undertaking: Template confidentiality undertaking for representatives to sign
Relevant legal definitions
Clauses
Relevant Industries
Real Estate
Commercial Property Development
Property Investment
Construction
Retail
Hospitality
Office Space Management
Industrial Property
Logistics
Healthcare Facilities
Educational Facilities
Shopping Centers and Malls
Mixed-use Developments
Relevant Teams
Legal
Real Estate
Investment
Operations
Facilities Management
Finance
Compliance
Risk Management
Business Development
Property Management
Asset Management
Acquisitions
Due Diligence
Relevant Roles
Real Estate Director
Property Manager
Investment Manager
Legal Counsel
Chief Investment Officer
Development Manager
Asset Manager
Facilities Manager
Real Estate Analyst
Acquisition Manager
Chief Financial Officer
Real Estate Partner
Commercial Director
Operations Manager
Due Diligence Manager
Compliance Officer
Real Estate Broker
Property Consultant
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