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Non-Disclosure/Non-Circumvention Agreement
Non-Disclosure/Non-Circumvention Agreement
This Non-Disclosure/Non-Circumvention Agreement (“this Agreement”) made and entered into this _____ day of ________________, 2008, is an attachment to that “Agreement” of same date by and between (Your Name) ___________________________________________ ["Party-1] and Michael D. Hansen, H & K Asset Management LLC. ["Party-2] (collectively referred to herein as the “Parties”), with the good and valuable considerations identified therein, the sufficiency of which is hereby acknowledged, and includes and incorporates the following Non-Disclosure and Non-Circumvention clauses applicable to “the Business” referenced in that “Agreement” to which this attachment is made:
1. Non-Disclosure. It is expected that in subsequent meetings, correspondence and/or discussions relating to the Business and related trading strategy, that the Parties to this Agreement will disclose certain verbal and/or written confidential information which they designate as confidential information (hereinafter referred to as “Confidential Information”). The Parties agree to maintain in strictest confidence any and all Confidential Information, and agree to not disclose any Confidential Information other than to those individuals, entities, firms or organizations to whom disclosure is reasonably necessary or appropriate in respect to the Business and related trading strategy, for a period of five (5) years after the signing of this Agreement. Furthermore, the Parties irrevocably agree that they shall not disclose or otherwise reveal directly or indirectly, to any third party, any Confidential Information provided by one Party or the other, or otherwise acquired, particularly contract terms, fees, profits, interest earned or paid to participating individuals or entities, either as investors or introducing parties, and/or any other information, advised by one Party to another as being confidential or privileged, without the prior specific written consent of the Party providing such information.
2. Non-Circumvention. The Parties hereto intend to introduce each other to individuals, entities, and/or opportunities who/which may represent to the Parties potential gain or benefit, directly or indirectly, now and/or in the future. The Parties hereto intend to be legally bound, and hereby irrevocably agree, and guarantee each other that they shall not, directly or indirectly interfere with, circumvent or attempt to circumvent, avoid, by-pass, or obviate each other’s interest, or the interest or relationship between the Parties or avoid directly or indirectly payment of established or to be established fees, commissions, success compensation of any kind, in connection with any on-going or future business.
3. Severability. If any provision of this Agreement is judged to be contrary to law, Invalid or unenforceable for any reason, the remaining provisions shall remain valid and enforceable.
4. Facsimile Transmissions. Parties, jointly and severally, each mutually agree that facsimile transmissions of this Agreement shall be deemed to be an original, binding and enforceable agreement.
5. Authority. Each representative signing below represents by their signature to have full authority to sign and vows that he/she is duly empowered by his/her respectively named company to bind it to the commitments and obligations contained herein.
IN WITNESS WHEREOF, this Agreement has been executed and delivered to be effective on the date herein above written.
Investor Acknowledgement
Party-1 WITH FULL AUTHORITY:
_______________________________________
Print Name and Title
_______________________________________
Signature
Date: _______________________
Fax: (___________)____________________________
I Was Referred by: ________________________________
Party-2 WITH FULL AUTHORITY:
_____________________________________________________________
For H & K Asset Management LLC. – Print Name and Title
_______________________________________
Signature
Date: ______________________
Please Hand Print. *Provide your fax number where you want a signed copy sent.
07/25/07 – ND/NCA Page 2 of 2
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