This form is a "Residuals" Clause for a Consultant Agreement usable in consulting agreements where consultant exposure to commercial trade secrets or other confidential information is a factor. The residuals clause allows some disclosures of confidential information under certain limited circumstances.
Pennsylvania Residuals Clause for Consultant Agreement
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Multi-State
Control #:
US-TS8029
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How to fill out Residuals Clause For Consultant Agreement?
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FAQ
Particularly common in the NDAs provided by big tech and big pharma, a 'residuals' clause operates to allow a party receiving confidential information to keep and use [residual] knowledge gleaned during the course of the relevant matter/discussions and retained in the memory of those employees working on it.
?Residuals? or ?residual information? is often defined as ?non-tangible information? or information retained by the recipient unaided by documents provided by the disclosing party. In other words, a ?residual? is confidential information ? the information that the NDA otherwise protects.
Residuals clauses are predominantly found in Confidentiality Agreements and are clauses specifically drafted with the intention of permitting a party disclosing confidential information to avail itself of, share such information and ideas which are maintained as a seeming direct consequence of the constructive ...
The wronged party may receive monetary damages to reimburse or pay for any loss incurred as a result of the breach. The amount of damages can be specified under the terms of the confidentiality agreement or could a court may determine appropriate financial remedy under principles of equity.
This clause allows the receiving party to use, without restriction, some ?residual? information that is received during the course of the relationship between the parties, usually covering information that a party's personnel recollects from its ?unaided memory.? A ?residuals? clause can raise concerns for the ...
Typically, the residual provision states that a person receiving confidential information may use or share that information if it's done using his or her unaided memory.
A provision found in confidentiality agreements providing that employees of the party receiving the confidential information can use confidential information retained in their memories.
Besides naming all parties to the NDA, five essential elements every NDA should include are: Description Of The Confidential Information. ... Requirements And Obligations Of The Parties. ... Exclusions To The Confidentiality Agreement. ... Term Of The Non-Disclosure Agreement. ... Consequences Of Breach Of The NDA.
