The NDA Extension Agreement is utilized when parties operating under Dutch law need to extend their existing confidentiality arrangements beyond the original termination date. This document type is particularly relevant when parties have an ongoing business relationship or project that requires continued protection of confidential information. The agreement references and incorporates the original NDA's terms while potentially updating provisions to reflect any changes in law (such as GDPR requirements) or business circumstances. It's commonly used in situations where the original NDA is approaching its expiration date, but the need for confidentiality protection remains. The document should be crafted to comply with Dutch contract law principles and consider any sector-specific regulatory requirements that may affect confidentiality obligations.
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1. Parties: Identification of the parties to the agreement, ensuring they match the original NDA parties
2. Background: Reference to the original NDA, its effective date, and the reason for extension
3. Definitions: Key terms used in the extension agreement, incorporating definitions from the original NDA
4. Extension of Term: Clear statement of the new duration of the confidentiality obligations
5. Confirmation of Terms: Confirmation that all other terms and conditions of the original NDA remain in full force and effect
6. Governing Law: Confirmation that Dutch law continues to govern the agreement
7. Counterparts and Execution: Provisions for signing the extension agreement
1. Modified Terms: Used when any original terms need to be updated or modified, such as updating for GDPR compliance
2. Additional Parties: Include when new parties need to be added to the original NDA
3. Updated Scope: Used when the scope of confidential information needs to be expanded or modified
4. Consideration: Include if there is any payment or other consideration for the extension
5. Ratification: Used when parties need to explicitly confirm past compliance and ratify previous disclosures
1. Schedule 1 - Original NDA: Copy of the original NDA being extended
2. Schedule 2 - Additional Confidential Information: If applicable, list of new categories of confidential information to be covered
3. Schedule 3 - New Authorized Representatives: If applicable, updated list of persons authorized to receive confidential information
4. Appendix A - Consent Forms: If new parties are added, their consent forms to be bound by the original NDA terms
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