NDA Template for New Zealand

CONFIDENTIALITY AND NON-DISCLOSURE AGREEMENT This Confidentiality and Non-Disclosure Agreement ("Agreement") is entered into on [DATE] between: DISCLOSING PARTY: [COMPANY/INDIVIDUAL NAME] [ADDRESS] ("Disclosing Party") RECEIVING PARTY: [COMPANY/INDIVIDUAL NAME] [ADDRESS] ("Receiving Party") RECITALS WHEREAS, the Disclosing Party possesses certain confidential and proprietary information; WHEREAS, the Receiving Party desires to receive such confidential information for the purpose of [PURPOSE]; WHEREAS, the parties wish to ensure the protection of such confidential information; NOW THEREFORE, in consideration of the mutual covenants contained herein, the parties agree: 1. CONFIDENTIAL INFORMATION "Confidential Information" means any and all information disclosed by the Disclosing Party, whether oral, written, graphic, or electronic, including but not limited to: • Trade secrets, processes, formulas, and know-how • Customer and supplier lists and information • Financial information, pricing, and cost data • Technical data, designs, and specifications • Business plans, strategies, and marketing information • Any other proprietary information marked or identified as confidential 2. OBLIGATIONS The Receiving Party agrees to: • Hold all Confidential Information in strict confidence • Not disclose Confidential Information to any third party without prior written consent • Use Confidential Information solely for the agreed purpose • Take reasonable precautions to protect the confidentiality of the information • Return or destroy all Confidential Information upon request 3. EXCLUSIONS This Agreement does not apply to information that: • Is or becomes publicly available through no breach of this Agreement • Was known to the Receiving Party prior to disclosure • Is independently developed without use of Confidential Information • Is required to be disclosed by law or court order 4. TERM This Agreement shall remain in effect for [DURATION] years from the date of execution, or until terminated by either party with [NOTICE PERIOD] days written notice. 5. REMEDIES The Receiving Party acknowledges that breach of this Agreement may cause irreparable harm for which monetary damages would be inadequate. The Disclosing Party shall be entitled to seek injunctive relief and other equitable remedies. 6. GOVERNING LAW This Agreement shall be governed by the laws of New Zealand. 7. ENTIRE AGREEMENT This Agreement constitutes the entire agreement between the parties regarding the subject matter herein and supersedes all prior negotiations, representations, or agreements. IN WITNESS WHEREOF, the parties have executed this Agreement as of the date first written above. DISCLOSING PARTY: RECEIVING PARTY: _________________________ _________________________ Signature Signature _________________________ _________________________ Print Name Print Name _________________________ _________________________ Title Title _________________________ _________________________ Date Date