A Confidentiality And Non Disparagement Agreement is essential in situations where parties need to protect sensitive information while maintaining professional relationships and reputations. This document, governed by U.S. law, is commonly used during employment terminations, business partnerships, or settlements. It combines traditional confidentiality provisions with specific non-disparagement obligations, ensuring both information security and protection against negative statements. The agreement must comply with federal regulations and state-specific requirements, particularly regarding whistleblower rights and recent legislative changes affecting NDAs.
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1. Parties: Identification of parties entering into the agreement
2. Background: Context and purpose of the agreement
3. Definitions: Key terms used throughout the agreement including confidential information, disparagement, and permitted disclosures
4. Confidentiality Obligations: Core confidentiality requirements, restrictions, and handling of confidential information
5. Non-Disparagement Obligations: Restrictions on negative statements or communications about any party
6. Term and Termination: Duration of obligations and termination conditions
7. Governing Law: Applicable jurisdiction and law governing the agreement
1. Return of Materials: Requirements for returning confidential materials, used when physical or digital materials are involved
2. Permitted Disclosures: Exceptions to confidentiality obligations, including whistleblower rights and legal requirements
3. Remedies: Specific remedies for breach, including injunctive relief and monetary damages
4. Survival: Provisions that survive termination of the agreement
1. Schedule of Confidential Information: Detailed list of specific confidential information covered by the agreement
2. Schedule of Permitted Recipients: List of individuals or entities authorized to receive confidential information
3. Schedule of Excluded Information: List of information specifically excluded from confidentiality obligations
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