This form provides boilerplate contract clauses that establish a confidentiality obligation from the parties and outline what that confidentiality agreement will apply to under the terms contract agreement. Several different language options are provided to suit individual needs and circumstances, including permitted uses and unauthorized disclosures of confidential information.
Indiana Negotiating and Drafting Confidentiality Provisions
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FAQ
Five other key features must be included in your NDA to ensure it's legally binding, including a description of confidential information, obligations of the parties involved, any exclusions, the term of the agreement and consequences of a breach.
Your confidentiality agreement should clearly state what information is being shared, what obligations each party has concerning that information, how long those obligations last, what, if any, future obligations the parties have concerning the information, and what remedies are available if there is a breach of the ...
A confidentiality agreement should include a clear definition of the confidential information, scope of the agreement, obligations of the receiving party, the duration of the contract, any exceptions to confidentiality, and the consequences of a breach of the contract.
It is possible to void an NDA if the party signing it had access to the information before formally becoming a signatory. One of the most compelling instances in which an NDA is revocable or ?null and void? is when a court order is imposed or a government regulation requires its disclosure.
You do not need a lawyer to create and sign a non-disclosure agreement. However, if the information you are trying to protect is important enough to warrant an NDA, you may want to have the document reviewed by someone with legal expertise.
If you have signed an NDA and violated it by disclosing confidential information illegally, you can be subject to lawsuits from the other party to the NDA as you have breached the contract. You may also be sued for intellectual property violations such as copyright infringement and breach of fiduciary duty.
A typical confidentiality clause might say, "The phrases and circumstances of this Agreement are completely confidential between the parties and shall not be disclosed to anybody else. Any disclosure in violation shall be deemed a breach of this Agreement."
The agreement will name the party or parties involved, the items subject to non-disclosure, the duration of the agreement and the obligations of the recipient(s) of confidential information.