The Confidentiality Waiver is essential in situations where parties need to be legally released from existing confidentiality obligations. It's commonly used in business transactions, corporate restructuring, or when confidential information needs to be disclosed beyond its original scope. This document is particularly relevant in the Canadian legal context, where it must comply with federal legislation like PIPEDA and various provincial privacy laws. It's crucial for situations such as mergers and acquisitions, joint ventures, or when employees transition to new roles. The waiver should clearly identify the parties, specify the confidential information being released, outline any remaining obligations, and ensure all privacy law requirements are met. It can be used alongside other commercial agreements and should be carefully drafted to protect all parties' interests while facilitating necessary information sharing.
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1. Parties: Identification of the party granting the waiver (Waiving Party) and the party receiving the benefit of the waiver (Receiving Party)
2. Background: Context of the original confidentiality obligations and the reason for the waiver
3. Definitions: Key terms including 'Confidential Information', 'Original Agreement' (if applicable), and other relevant defined terms
4. Scope of Waiver: Specific description of what confidential information is being waived and to what extent
5. Waiver Declaration: Express statement of waiver and release of confidentiality obligations
6. Time Period: Duration of the waiver and any temporal limitations
7. Representations and Warranties: Statements regarding authority to grant waiver and understanding of consequences
8. Governing Law: Specification of Canadian law as governing law and jurisdiction
9. Execution: Signature blocks and execution requirements
1. Permitted Uses: Specific uses of the confidential information that are now permitted - include when there are specific limitations on use
2. Surviving Obligations: Any confidentiality obligations that remain in effect - include when certain aspects of confidentiality must be maintained
3. Third Party Rights: Rights of third parties affected by the waiver - include when third party information is involved
4. Regulatory Compliance: Specific provisions relating to regulatory requirements - include for regulated industries
5. Consideration: Details of any consideration provided for the waiver - include when waiver is part of a broader transaction
6. Partial Waiver Provisions: Details if only certain parts of confidentiality obligations are being waived - include for partial waivers
1. Schedule A - Description of Confidential Information: Detailed list or description of the confidential information covered by the waiver
2. Schedule B - Original Confidentiality Agreement: Copy of or reference to the original confidentiality agreement being waived
3. Schedule C - Specific Use Permissions: Detailed list of specifically permitted uses of the confidential information
4. Appendix 1 - Related Parties: List of related parties or affiliates covered by the waiver
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