The Non Disclosure And Non Solicitation Agreement serves as a critical business protection tool under U.S. law, commonly used when sharing sensitive information or establishing employment relationships. It combines traditional NDA protections with provisions preventing the solicitation of employees, customers, or business partners. This dual-purpose agreement is particularly valuable for businesses seeking to protect both their confidential information and their established business relationships. The agreement must comply with federal legislation such as the Defend Trade Secrets Act and state-specific employment laws.
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1. Parties: Identification of the disclosing and receiving parties
2. Background: Context and purpose of the agreement
3. Definitions: Key terms including Confidential Information, Trade Secrets, and Solicitation
4. Confidentiality Obligations: Core obligations regarding protection of confidential information
5. Non-Solicitation Provisions: Restrictions on soliciting employees, customers, or suppliers
6. Term and Termination: Duration of obligations and termination conditions
7. Return of Confidential Information: Requirements for returning or destroying confidential materials
1. Permitted Disclosures: Exceptions to confidentiality obligations, used when specific exceptions need to be clearly outlined
2. Security Measures: Specific security requirements for protecting information, used when handling particularly sensitive information
3. Whistleblower Provisions: Protection for lawful whistleblowing activities, used when dealing with US government contractors or regulated industries
1. Schedule of Confidential Information: Detailed list of specific confidential information covered
2. Schedule of Restricted Customers: List of customers covered by non-solicitation provisions
3. Security Protocols: Detailed security requirements and procedures
Relevant legal definitions
Agreement
Confidential Information
Trade Secrets
Disclosing Party
Receiving Party
Protected Persons
Effective Date
Term
Business Purpose
Representatives
Affiliates
Permitted Purpose
Restricted Period
Confidential Materials
Intellectual Property Rights
Customer
Prospective Customer
Business Partner
Proprietary Information
Protected Business
Solicitation
Competitive Business
Territory
Authorized Recipients
Restricted Activities
Related Entities
Confidentiality Period
Residual Information
Permitted Disclosures
Excluded Information
Confidential Information
Trade Secrets
Disclosing Party
Receiving Party
Protected Persons
Effective Date
Term
Business Purpose
Representatives
Affiliates
Permitted Purpose
Restricted Period
Confidential Materials
Intellectual Property Rights
Customer
Prospective Customer
Business Partner
Proprietary Information
Protected Business
Solicitation
Competitive Business
Territory
Authorized Recipients
Restricted Activities
Related Entities
Confidentiality Period
Residual Information
Permitted Disclosures
Excluded Information
Clauses
Definitions
Confidentiality Obligations
Non-Solicitation
Non-Disclosure
Return of Materials
Term and Termination
Permitted Disclosures
Remedies
Intellectual Property
Governing Law
Jurisdiction
Assignment
Severability
Entire Agreement
Amendments
Notices
Survival
Third Party Rights
Waiver
Force Majeure
Indemnification
Security Measures
Representations and Warranties
Dispute Resolution
Enforcement
Exceptions
Duration of Obligations
Notification Requirements
Relationship of Parties
Signatures and Execution
Confidentiality Obligations
Non-Solicitation
Non-Disclosure
Return of Materials
Term and Termination
Permitted Disclosures
Remedies
Intellectual Property
Governing Law
Jurisdiction
Assignment
Severability
Entire Agreement
Amendments
Notices
Survival
Third Party Rights
Waiver
Force Majeure
Indemnification
Security Measures
Representations and Warranties
Dispute Resolution
Enforcement
Exceptions
Duration of Obligations
Notification Requirements
Relationship of Parties
Signatures and Execution
Relevant Industries
Relevant Teams
Relevant Roles
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