The Non Disclosure Non Disparagement Agreement is a crucial legal instrument in the Nigerian business environment, designed to protect both confidential information and professional reputations. It is particularly relevant in employment terminations, business partnerships, consultancy arrangements, and other professional relationships where sensitive information is shared and professional reputations need protection. The document addresses both the handling of confidential information and the prohibition of negative or harmful statements, incorporating Nigerian legal requirements and common law principles. It's commonly used during employee onboarding, business negotiations, project collaborations, and exit processes, providing comprehensive protection under Nigerian jurisdiction for both individual and corporate interests.
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1. Parties: Identification of the parties entering into the agreement, including their full legal names, addresses, and any relevant registration numbers
2. Background: Context of the agreement, relationship between parties, and purpose of entering into the NDA/Non-Disparagement Agreement
3. Definitions: Detailed definitions of key terms including 'Confidential Information', 'Disparagement', 'Permitted Recipients', and other relevant terms
4. Confidentiality Obligations: Core obligations regarding the protection and non-disclosure of confidential information
5. Non-Disparagement Obligations: Specific commitments regarding non-disparagement, including scope and nature of prohibited statements
6. Permitted Disclosures: Circumstances under which confidential information may be disclosed, including legal requirements and authorized recipients
7. Duration and Survival: Term of the agreement and which obligations survive termination
8. Return or Destruction of Confidential Information: Requirements for handling confidential information upon termination or request
9. Breach and Remedies: Consequences of breach and available remedies including injunctive relief
10. Governing Law and Jurisdiction: Specification of Nigerian law as governing law and jurisdiction for disputes
11. Execution: Signature blocks and execution requirements
1. Third Party Rights: Section addressing rights of third parties, used when confidential information belongs to or affects third parties
2. Social Media Policy: Specific provisions regarding social media usage and restrictions, used when parties have significant social media presence
3. Group Company Extensions: Extensions of obligations to group companies, used when either party is part of a larger corporate group
4. Regulatory Compliance: Special provisions for regulated industries or entities subject to specific regulatory requirements
5. Data Protection: Additional provisions regarding personal data protection, used when confidential information includes personal data
6. Exit Interview Procedures: Used in employment contexts to specify procedures for final interviews and information handover
7. Alternative Dispute Resolution: Provisions for mediation or arbitration before court proceedings, used when parties prefer alternative dispute resolution
1. Schedule 1 - Categories of Confidential Information: Detailed list and description of types of confidential information covered
2. Schedule 2 - Authorized Recipients: List of individuals or roles authorized to receive confidential information
3. Schedule 3 - Security Measures: Specific security measures required for protecting confidential information
4. Appendix A - Form of Confidentiality Undertaking: Template undertaking for authorized recipients to sign
5. Appendix B - Data Handling Procedures: Detailed procedures for handling, storing, and disposing of confidential information
Relevant legal definitions
Confidential Information
Disparaging Statement
Permitted Purpose
Permitted Recipients
Disclosing Party
Receiving Party
Representatives
Affiliate
Business Day
Effective Date
Term
Trade Secrets
Intellectual Property Rights
Group Company
Authorized Disclosure
Professional Relationship
Material Breach
Proprietary Information
Contractual Period
Designated Contact Person
Confidentiality Obligations
Non-Disparagement Obligations
Security Requirements
Permitted Disclosure Circumstances
Third Party
Associated Person
Restricted Period
Survival Period
Competitive Business
Public Domain
Defamatory Statement
Legitimate Interest
Regulatory Authority
Sensitive Information
Unauthorized Disclosure
Disparaging Statement
Permitted Purpose
Permitted Recipients
Disclosing Party
Receiving Party
Representatives
Affiliate
Business Day
Effective Date
Term
Trade Secrets
Intellectual Property Rights
Group Company
Authorized Disclosure
Professional Relationship
Material Breach
Proprietary Information
Contractual Period
Designated Contact Person
Confidentiality Obligations
Non-Disparagement Obligations
Security Requirements
Permitted Disclosure Circumstances
Third Party
Associated Person
Restricted Period
Survival Period
Competitive Business
Public Domain
Defamatory Statement
Legitimate Interest
Regulatory Authority
Sensitive Information
Unauthorized Disclosure
Clauses
Confidentiality
Non-Disparagement
Permitted Disclosures
Return of Information
Term and Termination
Remedies
Indemnification
Governing Law
Dispute Resolution
Severability
Assignment
Third Party Rights
Force Majeure
Notices
Entire Agreement
Amendment
Waiver
Survival
Security Measures
Data Protection
Representations and Warranties
Breach Notification
Injunctive Relief
Exceptions to Confidentiality
Exceptions to Non-Disparagement
Non-Disparagement
Permitted Disclosures
Return of Information
Term and Termination
Remedies
Indemnification
Governing Law
Dispute Resolution
Severability
Assignment
Third Party Rights
Force Majeure
Notices
Entire Agreement
Amendment
Waiver
Survival
Security Measures
Data Protection
Representations and Warranties
Breach Notification
Injunctive Relief
Exceptions to Confidentiality
Exceptions to Non-Disparagement
Relevant Industries
Technology
Financial Services
Healthcare
Manufacturing
Professional Services
Oil and Gas
Telecommunications
Entertainment
Real Estate
Education
Retail
Pharmaceutical
Construction
Media and Advertising
Legal Services
Relevant Teams
Human Resources
Legal
Executive Leadership
Research and Development
Information Technology
Finance
Marketing
Sales
Operations
Product Development
Customer Service
Business Development
Strategy
Administration
Relevant Roles
Chief Executive Officer
Human Resources Director
Legal Counsel
Project Manager
Senior Developer
Financial Controller
Business Development Manager
Research Scientist
Marketing Director
Operations Manager
Department Head
Executive Assistant
Sales Representative
Technical Lead
Product Manager
Consultant
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