Each party is obliged not to disclose confidential information received under the NCND Agreement, such as customer names, contract sources, business opportunities made available through the intermediary; or on the other hand, information that the other gives about his marketing organization, pricing policy, business strategies, etc. A confidentiality agreement aimed at preserving the confidentiality, commercial secrecy and privacy of information and data that may be brought to the attention of persons participating in the work of the ICC Court of Justice. The standard contract contains only the option of a fixed-term contract and therefore excludes a contract of indefinite duration, since such a solution is almost never used for this type of agreement. The parties may indicate the duration (or expiry date) of the agreement as well as the conditions for its renewal. If no agreement has been reached, the contract is deemed to have been concluded for a period of one year This article aims to guide the parties through a number of possible alternatives, such as: When appointing an intermediary, the counterparty normally agrees to grant him a certain thing It is important that the parties decide whether the intermediary should be paid for the simple fact: that he has provided certain services (e.g. providing information, putting the other in contact with a third party, concluding the contract), regardless of the result obtained, or, on the contrary, if he should only be paid if and to the extent that his activity has led to the conclusion of a contract with a third party. The main articles of the NCND non-Circumvention & Non-Disclosure Agreement are summarized below. Gold (ingots, dust, nuggets), silver, rough diamonds, Se-74, etc. – ICPO (Irrevocable Confirmed Purchase Order) – NCNDA (non-Circumvention, Non-Disclosure & Working Agreement) – FCO (Full Corporate Offer) – LOI (Letter of Intent) IMFPA (Irrevocable Master Fee Protection Agreement) Exclusivity in relation to the activity it is ready to promote. As far as exclusivity is concerned, the standard contract provides for three possibilities: as regards the commission rate, the model provides only for a fixed rate. However, this does not prevent the parties from agreeing on more elaborate solutions, such as. B different commission rates depending on the amount of the contract. Thus, it is common for large agreements to agree on a variable commission (for example.B.
5% at 500,000 USD; 3% from 500,000 to 2,000,000 USD; 2% on the amount above 2,000,000 USD). If the parties opt for this solution, they should clearly define which situations are to be considered as a single transaction and which situations are to be considered separately for the purposes of this calculation. To obtain the draft NCND agreement, click on: NCND Non-Circumvention & Non-Disclosure Agreement The ICC Court of Justice wishes to ensure that information communicated to members in the exercise of their function as a member of the ICC Court of Justice or when selecting or proposing arbitrators to the ICC Court of Justice within an ICC National Committee or ICC Group can be known, is used in accordance with the ICC Arbitration Rules and their annexes and is protected from disclosure….