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.
Nondisclosure And Confidentiality Agreement In Massachusetts
State:
Multi-State
Control #:
US-00456
Format:
Word;
Rich Text
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FAQ
An NDA constitutes a legally binding agreement, albeit without the same level of scrutiny as a non-compete clause. It solely restricts the use of information rather than overall competition. Typically, the agreement will specify that the employer is entitled to injunctive relief in the event of a breach.
While confidentiality agreements and NDAs are both used for similar purposes and to protect similar information, they're often used in different settings and applied to different types of contracts. Download this sample mutual nondisclosure and confidentiality agreement that can be adapted for your individual needs.
How are NDAs enforced internationally? NDAs can be enforced internationally depending on the jurisdiction and the laws that will apply to the NDA.
In unilateral NDAs, only one party agrees not to disclose classified information. A mutual NDA means that both/all parties agree not to share any confidential information. For this article, the term “NDA” equates to a unilateral NDA and the term “confidentiality agreement” equates to a mutual NDA.
In Massachusetts, a non-compete is only enforceable to protect a legitimate business interest.
Massachusetts Law on Non-Disclosure Agreements: In the Massachusetts statute on taking trade secrets, there is a prohibition on taking qualifying information through such acts as embezzlement, stealing, fraud, copying, and other misconduct.
2. NDAs are enforceable when they are signed — if they are properly drafted and executed.
The only times a psychologist would break confidentiality are in the event of threats of harm to self or other; reports that a child (under 18 years of age) or an elder (60 years and older) is being abused or neglected in some way; or if there is a subpoena or court order.
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.