Non-Circumvention Clause/Anti-Circumvention Clause

A clause intended to prevent a party seeking ways to evade responsibilities or obligations under a contract. How enforceable such a clause may be depends both on jurisdiction and circumstances.  A typical such clause might read:

The Recipient/Confidant/Party/Manufacturer hereby agrees for themselves, himself or herself, their officers, directors, agents, associates, affiliated and any related party (whether direct or indirect) that they will not, directly or indirectly become involved with any other party, entity persons or businesses (“Other Party”), or party, entity, persons or businesses introduced by such Other Party directly or indirectly (“Introduced Party”) for the purposes of avoiding any obligations under this Agreement, or assisting any the Other Party or any Introduced Party in circumventing this Agreement directly or indirectly, avoiding the payment or accrual of profits and fees due to [Company] or supplying the contract goods, services or goods using in any way the Information to any party, entity, persons or businesses other than the [Company] whatsoever without [Company’s] specific written approval.

Such clauses are found from time to time in license agreements or OEM agreements or in combination with NNN Agreements and Clauses.

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