Non-disclosure non-circumvention agreement example

NCND

Agreement

Whereas, each signatory Party possesses certain information, not known by any
.other Party

Whereas, the parties are initially desirous or conducting various business

transactions in contact

with any third Party

introduced by other Party to this agreement, except for the mutual benefit of all
Parties and

The undersigned Parties agree, in the consideration of the foregoing promises to

:abide by the following terms and conditions

.1

Non

Circumv

ention

Each Party agrees not to directly or indirectly contact, deal with transact, or :
otherwise

be involved with any corporation, partnership, proprietorships, trust, individuals,

or other entities introduced by

either Party without the specific written

.permission of the introducing Party

.2

Each Party
 agrees not to directly or indirectly circumvent, avoid or bypass each other
regarding any

renewals, corporation, partnerships, proprietorships, trusts, or other entities

.introduced by either Party

.3

Non

Disclosure

Each Party agrees not to disclose or otherwise reveal to any third Party the :
,identities

,addresses, telephone numbers, facsimile numbers

mail addresses, telex numbers, bank codes, account numbers, financial reference,
or any other entities

introduced by either Party to the other without the specific written permission of
.the introducing Party

.4

Terms

This Agreement is valid for the following term: Five (5) years from the date of :
signing of this

.agreement

.5

Parties bound

This Agreemen :
 ,t shall be binding upon all undersigned Parties and their heirs, successors

associates, affiliates and assigns. Each Party shall take reasonable steps to ensure
,that their Employees

,Agents Representatives, Officers, Independent Contractors, Shareholders

Principals and other third Parties

.abide by the provisions of this Agreement

.6

Notice

All notices, demands, consists, or requests given by the Parties shall be in :

writing transmitted by

telecopier or other means of facsimile transmission with return co

nfirmation requested, postage prepaid, to the

other Party at the last facsimile number or address the Party has designated by
notice here in. Notice shall be

.considered to have been given

.7

Language

The language in all the Agreement shall be in all case :

s constructed simply according to its fair

meaning and not strictly for or against of the Parties and it is agreed that the
.English language is used

.8

Severability

Should any portion of this Agreement be declared invalid or unenforceable, then :

such port

ion

shall be deemed to be severable from this Agreement and shall not effect the
.remainder hereof
 9

Integration

This Agreement constitutes the entire Non Circumvention Agreement between the
Parties and

supersedes all prior discussion, negotiations and A

greements, whether oral or written. The parties further

intend that this Agreement constitutes the complete and exclusive statement of
its terms and that no extrinsic

evidence whatsoever may be introduced in any judicial or arbitration proceeding

involving

this Agreement

.10

Amendments

Any change or amendment to this Agreement, including oral modification :

supported by new consideration, must be reduced to writing and signed by all
.Parties before it will be effective

.11

Waiver

No waiver or default of any :

of this agreement by any party shall be implied from any omission of

such party to take action against the defaulting party. One or more waivers of any
covenant, terms or condition

of this agreement by any party shall not be considered to be waiver of ren

der unnecessary consent or approval

 .of said party of any subsequent or similar acts or omission

.12

Arbitration

Any controversy or claim arising out of this agreement which is not settled :
between the parties

themselves, shall be settled by arbitration in

(accordance with the international chamber of commerce (ICC

rules and arbitration is the nearest regional or ICC non

circumvention and non

disclosure laws and binding for

,all undersigned parties and their associates, affiliated, employees, agents holders

,principals, heirs

.successors, assigns and other third parties

.13

Attorney's Fees

If any party files any action or brings any proceeding against other arising from :
this

agreement, or is made a party to any action or proceeding arising from this

agreeme

nt, the prevailing party

shall be entitled to recover as an element of their cost to suit and not as damages
reasonable attorney's fees

to be fixed by the court, arbitrator or adjudicative authority. The prevailing party

shall be the party entitled to

reco

.ver their cost to suit or arbitration, whether or not entitled to recover costs
 Relationship

The Parties hereto shall not be deemed to be Partners or Joint Ventures and no :
Party shall be

liable for any other Party's commitments or liabilities resulting f

rom execution of this Agreement. Force and

defect of Document: The Parties here to agree that a signed telefax or other
facsmile copy of this Agreement

.shall have the same force and effect and as the original of this document

.15

Force and Effect of Docum

ents

The Parties hereto agree that a signed telefax or other facsimile copy of :

.this Agreement shall have force and effect as the original of this document

IN WITNESS WHEREOF, the Parties hereto execute this Agreement by their

.auhorized document

ENTITY/P

: ERSON

Signature

: Date

: ENTITY/PERSON

.……………………………………………… Signature

…………………………… : Date
 : ENTITY/PERSON

.……………………………………………… Signature

………………………… : Date