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 Confidentiality Agreement With Client In Wake
State:
Multi-State
County:
Wake
Control #:
US-00456
Format:
Word;
Rich Text
Instant download
Description
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FAQ
In addition, an NDA cannot prevent anyone from revealing information required by law to be disclosed. For example, an NDA can't stop someone from providing information or testifying under oath for a court order.
“The Receiving Party agrees to maintain the confidentiality of the Disclosing Party's Proprietary Information for a period of five (5) years from the date of disclosure, unless such information becomes publicly available through no fault of the Receiving Party or as required by law.”
The duration of Non-Disclosure Agreements (NDAs) typically ranges from one to five years, depending on the specific needs and circumstances of the agreement.
Generally, a well-drafted and reasonable NDA is more likely to hold up in court, but each case's outcome is influenced by factors such as the legal system, the evidence presented, and any unique details.
With this in mind, here are 10 key provisions you should know when drafting an NDA. Properly Identifying the Parties. Definition of Confidential Information. Carveouts to Confidential Information. Representatives. Legally Required Disclosures. Return/Destruction of Confidential Information. Remedies for Breach. Term of the NDA.
In a unilateral NDA, one party agrees not to reveal confidential information. In a mutual NDA, both sides agree that they will not share confidential information. In all other aspects, these two types of confidentiality agreements are identical, especially when it comes to enforcement and the consequences of a breach.
As such, periods of confidentiality are typically 2-5 years from disclosure of the Confidential Information. Consequences of a breach. The NDA should spell out the consequences of a party's breach of the NDA. These can include the damages or other compensation for the breach.
The agreements impose burdens that require policing and impose costs on the party receiving confidential information. The receiving party may seek to limit this burden by negotiating for an explicit expiration of the party's obligations to maintain confi- dentiality, often a five- to ten-year term.
Whenever you believe you are going to enter a situation that will involve you disclosing proprietary information such as trade secrets, business strategy or yet-to-be-implemented ideas, you will want to have the receiving party sign a Non-Disclosure Agreement (NDA). Do this BEFORE any disclosure occurs.
Non-disclosure agreements help employers by protecting valuable, sensitive business information. Workers may need access to such information to do their jobs, and NDAs make it clear that they can use such information for work purposes but cannot share it outside the organization.