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Also known as exclusivity. A type of agreement (sometimes found in a term sheet or confidentiality agreement) limiting the seller's ability to solicit an offer from or negotiate with a third party during a specified time period. An exclusivity agreement protects a buyer against being outbid by another party.
During an exclusive negotiation period (also referred to as a lockout term or even a no-talk period), parties agree not to enter into negotiations with any third parties with respect to the subject at hand.
The clearest method for achieving exclusivity in negotiation is an exclusive negotiation period during which both sides agree not to talk to third parties, even if approached unexpectedly by others. In some arenas, these terms are called no-talk periods.
Exclusive Supply Agreements are defined under Section 3(4)(c) of the Competition Act, 2002 ("Act") as agreements restricting the purchaser from purchasing/dealing with goods other than those of the seller. Exclusive supply agreements operate a restriction on the seller.
Clearly state that both parties have elected to enter into the agreement based on their interest and free will. Then, outline the terms upon which both parties agree. The next section should cover which party will provide goods or services exclusively to the other.