The parties desire to enter into discussions and negotiations regarding the purchase of material described in the agreement. The parties agree that any information obtained in the discussions will remain confidential and proprietary. All the terms and conditions of the agreement will be binding upon the successors and assigns of the parties and will survive the execution of the agreement and the termination of the discussions and negotiations between the parties.
Non Disclosure Confidentiality Agreement With Liquidated Damages In Fairfax
State:
Multi-State
County:
Fairfax
Control #:
US-00456
Format:
Word;
Rich Text
Instant download
Description
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FAQ
Completing the Confidentiality Agreement The "Receiving Party" is the person or company who receives the confidential information and is obligated to keep it secret. You'll need to fill in information specific to your circumstances in the spaces provided, such as the parties' names and addresses.
Proving a breach of a confidentiality agreement can be very difficult. Damages for breach of contract (or an accounting of profits, where the recipient has made commercial use of the information) may be the only legal remedy available once the information is disclosed.
Examples of damages clause: Example 1: A construction contract might have a damages clause stating that if the contractor fails to complete the project by the agreed-upon date, they will be liable for liquidated damages of $1,000 per day for each day the project is delayed.
This is typically where “Liquidated Damages Clauses” enter the conversation. A liquidated damages clause is a section of the NDA that establishes the monetary consequences associated with contract breach via unlawful information disclosure.
Liquidated damages are stipulated amounts agreed to by the parties to a nondisclosure agreement. The benefits of a clause for liquidated damages include: Quick resolution. No need for litigation for a breach of contract.
Can you go to jail for breaking an NDA? Breaking an NDA usually doesn't result in jail time — as NDAs are civil contracts, not criminal agreements. Typically, the consequence is a breach of contract lawsuit, where the harmed party may seek financial compensation if the court rules in their favor.
Direct damages, on the other hand, are those damages that are a direct and immediate loss caused by a breach and compensate for that loss. Examples of direct damages include costs to repair faulty work or additional work, as well as resulting general conditions expenses and project delay costs.
Special Damages: If a breach results in specific, quantifiable losses, like lost contracts or a dip in stock value, the affected party may be able to recover these specific damages. This requires clear evidence of the connection between the breach and the financial harm.
Imagine a worker or former worker breaks an NDA. If the business learns of this, it may seek an injunction to prevent the employee from further disclosure. The business may also file a lawsuit seeking financial damages for all losses related to the breach of confidentiality obligations.
