The Non-Compete Non-Circumvent Agreement is essential in Indonesian business relationships where parties need to protect their commercial interests, business relationships, and competitive advantage. This document is particularly relevant when parties share sensitive business information, establish valuable business relationships, or engage in collaborative business activities. The agreement must carefully balance business protection with Indonesian legal requirements, particularly concerning employment rights and competition laws. It typically includes specific provisions regarding the scope of restrictions, duration, geographical limitations, and protection of business relationships, all structured to ensure compliance with Indonesian Civil Code (Kitab Undang-undang Hukum Perdata) and relevant commercial regulations. The document is commonly used in business partnerships, employment relationships, and commercial collaborations where protection against competition and circumvention is crucial.
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1. Parties: Identification of all parties to the agreement, including full legal names and addresses
2. Background: Context of the agreement, relationship between parties, and purpose of entering into the agreement
3. Definitions: Detailed definitions of key terms used throughout the agreement, including 'Confidential Information', 'Competing Business', 'Territory', etc.
4. Non-Compete Obligations: Specific restrictions on competitive activities, including scope, duration, and geographical limitations
5. Non-Circumvention Obligations: Provisions preventing direct or indirect circumvention of business relationships and opportunities
6. Duration and Territory: Specific timeframe and geographical scope of the restrictions
7. Confidentiality Obligations: Requirements regarding handling and protection of confidential information
8. Permitted Activities: Clear outline of activities that are explicitly allowed despite restrictions
9. Consideration: Details of compensation or benefit provided in exchange for the restrictions
10. Acknowledgments: Parties' acknowledgments regarding reasonableness of restrictions and receipt of consideration
11. Breach and Remedies: Consequences of breach and available remedies including injunctive relief
12. General Provisions: Standard clauses including governing law, dispute resolution, and notices
1. Special Business Relationships: Additional provisions for specific business relationships or opportunities that need protection
2. International Operations: Additional provisions for cross-border activities and international law considerations
3. Integration with Employment Agreement: Used when the NCNCA is linked to an employment relationship
4. Digital Assets and Online Activities: Specific provisions regarding online business activities and digital platforms
5. Training and Trade Secrets: Additional provisions when specialized training or trade secrets are involved
6. Exit Provisions: Specific procedures and obligations upon termination of business relationship
1. Schedule A - Restricted Territory: Detailed description and/or maps of geographical areas covered by restrictions
2. Schedule B - Competing Business Activities: Detailed list of specific activities, businesses, or industries considered competitive
3. Schedule C - Protected Relationships: List of specific clients, suppliers, or business relationships covered by non-circumvention
4. Schedule D - Consideration Details: Detailed breakdown of any compensation or benefits provided
5. Schedule E - Confidential Information: Detailed categorization of information considered confidential under the agreement
Authors
Relevant legal definitions
Clauses
Relevant Industries
Technology and Software
Manufacturing
Professional Services
Financial Services
Healthcare and Pharmaceuticals
Telecommunications
Energy and Resources
Real Estate and Construction
Trading and Distribution
Research and Development
Consulting Services
E-commerce
Industrial Design
International Trade
Relevant Teams
Executive Leadership
Business Development
Sales
Research and Development
Product Development
Strategic Planning
Commercial Operations
Partner Relations
Client Services
Project Management
Technical Operations
Market Development
International Business
Relevant Roles
Chief Executive Officer
Managing Director
Business Development Manager
Sales Director
Chief Technology Officer
Senior Consultant
Project Manager
Account Executive
Business Partner
Strategic Alliance Manager
Regional Director
Product Development Manager
Commercial Director
Operations Manager
Research Director
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