Business Plan Confidentiality Agreement

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Business Plan Confidentiality Agreement for use in all states.

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This kit includes tools and instructions to prepare a confidentiality agreement, designed to protect the contents of a business plan.

In the course of developing and building a new business, it is frequently necessary to submit a business plan to a wide variety of outside parties, i.e., investors, partners, etc. It may also be necessary to include information in that business plan that is of a confidential or sensitive nature. In order to protect this information, it may be advisable to require recipients of your business plan to execute a confidentiality agreement, binding them to protect the confidential information they receive, and prohibiting them from disclosing it to any other party without your consent.

For use in all states.

Among others, this agreement includes provisions regarding the following areas:
• Business Plan Description
• Purpose
• Confidential Information Definition
• Term
• Assignment
This is the content of the form and is provided for your convenience. It is not necessarily what the actual form looks like and does not include the information, instructions and other materials that come with the form you would purchase. An actual sample can also be viewed by clicking on the "Sample Form" near the top left of this page.
 
 
Confidentiality Agreement to Protect
Business Plan

 

 
THIS AGREEMENT (the “Agreement”) is made this        day of       , 20   , by and between                       (“Company”) and                             (“Recipient”, and collectively, the “Parties”).
 
WHEREAS, Company has prepared a business plan for    (Name of proposed company)       (the “Business Plan”), which contains information that is both confidential and commercially valuable;
 
AND WHEREAS, the Parties both intend for the Business Plan to made available to Recipient for the purpose of       (Briefly describe purpose, i.e., review, evaluate, consider for the purposes of investing, etc.)                  , subject to the terms and conditions set forth in this Agreement;
 
NOW THEREFORE, in consideration of the mutual promises, covenants, warranties, and other good and valuable consideration set forth herein, the Parties agree as follows:
 
1.  Business Plan.  Company will deliver the Business Plan to Recipient (?  at the time of execution of this Agreement;  ?  no later than          ).  Recipient acknowledges that Companys delivery of the Business Plan is contingent upon the valid execution of this Agreement.
 
2.  Purpose.  The Parties hereby acknowledge that Recipient will be granted access to the Business Plan solely for the purpose of                                                                                                               .
 
3.  Confidential Information.  Recipient hereby acknowledges that any information contained in the Business Plan, or in any related documentation made available to Recipient in conjunction with the Business Plan, shall be considered to be “Confidential Information.”  Company is the owner of all Confidential Information, and nothing in this Agreement shall be construed to bestow any interest or ownership in the Confidential Information upon Recipient.  Recipient may not disclose any Confidential Information to any other person or entity, except as required by law, without the prior written consent of Company.  Recipient shall take reasonable care to protect Companys proprietary interest in the Confidential Information and to prevent the Confidential Information from being exposed to any person or entity not so authorized by this Agreement, and shall limit access to the Business Plan only to persons necessary to further the purposes set forth in Section 2 of this Agreement.
 
4.  Term.  Due to the valuable and proprietary nature of the Confidential Information, the obligations assumed by Recipient hereunder shall (a) be unlimited in time or territory or (b) if it is held by a court of competent jurisdiction that this provision is illegal, invalid or unenforceable, shall apply only within those territories within which Company then carries on business and only up to 10 years after disclosure of such Information. If any provision of this Agreement is held to be invalid or unenforceable in whole or in part, such invalidity or unenforceability shall attach only to such provision or part thereof and remaining part of such provision and all other provisions hereof shall continue in full force and effect.
 
5.  Assignment.   Recipient may not assign its rights, duties or obligations under this Agreement without the prior written approval of Company.  Company shall have the right to transfer its interest in this Agreement and in the Business Plan without the consent of Recipient.
 
6.  Governing Law.  This Agreement shall be construed in accordance with, and governed in all respects by, the laws of the State of ___________________, without regard to conflicts of law principles.
 
7.  Counterparts.   This Agreement may be executed in several counterparts, each of which shall constitute an original and all of which, when taken together, shall constitute one agreement.
 
8.  Severability.   If any part or parts of this Agreement shall be held unenforceable for any reason, the remainder of this Agreement shall continue in full force and effect. If any provision of this Agreement is deemed invalid or unenforceable by any court of competent jurisdiction, and if limiting such provision would make the provision valid, then such provision shall be deemed to be construed as so limited.
 
9.  Notice.   Any notice required or otherwise given pursuant to this Agreement shall be in writing and mailed certified return receipt requested, postage prepaid, or delivered by overnight delivery service, addressed as follows:
 
   If to Company:      
      
      
      
 
   If to Recipient:         
         
      
      
 
10.  Headings.   The headings for section herein are for convenience only and shall not affect the meaning of the provisions of this Agreement.
 
11.  Entire Agreement.   This Agreement constitutes the entire agreement between Company and Recipient, and supersedes any prior understanding or representation of any kind preceding the date of this Agreement. There are no other promises, conditions, understandings or other agreements, whether oral or written, relating to the subject matter of this Agreement.
 
 
IN WITNESS WHEREOF, the parties have caused this Agreement to be executed the day and year first above written.
 
 
COMPANY
 
                  
Signature
                  
Print Name
RECIPIENT
 
                  
Signature
                  
Print Name
 
 
 
Number of Pages4
DimensionsDesigned for Letter Size (8.5" x 11")
EditableYes (.doc, .wpd and .rtf)
UsageUnlimited number of prints
Product number#28047
This is the content of the form and is provided for your convenience. It is not necessarily what the actual form looks like and does not include the information, instructions and other materials that come with the form you would purchase. An actual sample can also be viewed by clicking on the "Sample Form" near the top left of this page.
 
 
Confidentiality Agreement to Protect
Business Plan

 

 
THIS AGREEMENT (the “Agreement”) is made this        day of       , 20   , by and between                       (“Company”) and                             (“Recipient”, and collectively, the “Parties”).
 
WHEREAS, Company has prepared a business plan for    (Name of proposed company)       (the “Business Plan”), which contains information that is both confidential and commercially valuable;
 
AND WHEREAS, the Parties both intend for the Business Plan to made available to Recipient for the purpose of       (Briefly describe purpose, i.e., review, evaluate, consider for the purposes of investing, etc.)                  , subject to the terms and conditions set forth in this Agreement;
 
NOW THEREFORE, in consideration of the mutual promises, covenants, warranties, and other good and valuable consideration set forth herein, the Parties agree as follows:
 
1.  Business Plan.  Company will deliver the Business Plan to Recipient (?  at the time of execution of this Agreement;  ?  no later than          ).  Recipient acknowledges that Companys delivery of the Business Plan is contingent upon the valid execution of this Agreement.
 
2.  Purpose.  The Parties hereby acknowledge that Recipient will be granted access to the Business Plan solely for the purpose of                                                                                                               .
 
3.  Confidential Information.  Recipient hereby acknowledges that any information contained in the Business Plan, or in any related documentation made available to Recipient in conjunction with the Business Plan, shall be considered to be “Confidential Information.”  Company is the owner of all Confidential Information, and nothing in this Agreement shall be construed to bestow any interest or ownership in the Confidential Information upon Recipient.  Recipient may not disclose any Confidential Information to any other person or entity, except as required by law, without the prior written consent of Company.  Recipient shall take reasonable care to protect Companys proprietary interest in the Confidential Information and to prevent the Confidential Information from being exposed to any person or entity not so authorized by this Agreement, and shall limit access to the Business Plan only to persons necessary to further the purposes set forth in Section 2 of this Agreement.
 
4.  Term.  Due to the valuable and proprietary nature of the Confidential Information, the obligations assumed by Recipient hereunder shall (a) be unlimited in time or territory or (b) if it is held by a court of competent jurisdiction that this provision is illegal, invalid or unenforceable, shall apply only within those territories within which Company then carries on business and only up to 10 years after disclosure of such Information. If any provision of this Agreement is held to be invalid or unenforceable in whole or in part, such invalidity or unenforceability shall attach only to such provision or part thereof and remaining part of such provision and all other provisions hereof shall continue in full force and effect.
 
5.  Assignment.   Recipient may not assign its rights, duties or obligations under this Agreement without the prior written approval of Company.  Company shall have the right to transfer its interest in this Agreement and in the Business Plan without the consent of Recipient.
 
6.  Governing Law.  This Agreement shall be construed in accordance with, and governed in all respects by, the laws of the State of ___________________, without regard to conflicts of law principles.
 
7.  Counterparts.   This Agreement may be executed in several counterparts, each of which shall constitute an original and all of which, when taken together, shall constitute one agreement.
 
8.  Severability.   If any part or parts of this Agreement shall be held unenforceable for any reason, the remainder of this Agreement shall continue in full force and effect. If any provision of this Agreement is deemed invalid or unenforceable by any court of competent jurisdiction, and if limiting such provision would make the provision valid, then such provision shall be deemed to be construed as so limited.
 
9.  Notice.   Any notice required or otherwise given pursuant to this Agreement shall be in writing and mailed certified return receipt requested, postage prepaid, or delivered by overnight delivery service, addressed as follows:
 
   If to Company:      
      
      
      
 
   If to Recipient:         
         
      
      
 
10.  Headings.   The headings for section herein are for convenience only and shall not affect the meaning of the provisions of this Agreement.
 
11.  Entire Agreement.   This Agreement constitutes the entire agreement between Company and Recipient, and supersedes any prior understanding or representation of any kind preceding the date of this Agreement. There are no other promises, conditions, understandings or other agreements, whether oral or written, relating to the subject matter of this Agreement.
 
 
IN WITNESS WHEREOF, the parties have caused this Agreement to be executed the day and year first above written.
 
 
COMPANY
 
                  
Signature
                  
Print Name
RECIPIENT
 
                  
Signature
                  
Print Name
 
 
 
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