The Non Disclosure Non Disparagement Agreement is essential in today's business environment where protection of confidential information and reputation management are crucial. This agreement, governed by U.S. federal and state laws, serves dual purposes: safeguarding sensitive business information and preventing harmful statements that could damage reputation or business relationships. It's particularly relevant in situations involving employment terminations, business partnerships, or sensitive transactions where parties need mutual assurance of confidentiality and professional conduct. The agreement must comply with various U.S. regulations, including trade secret laws, employment regulations, and recent legislative changes affecting NDAs.
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1. Parties: Identification of all parties to 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 duration of confidentiality obligations
5. Non-Disparagement Obligations: Restrictions on making negative statements about other parties, scope of restrictions
6. Term and Termination: Duration of the agreement and conditions for termination
7. Governing Law: Applicable jurisdiction and law governing the agreement
1. Permitted Disclosures: Exceptions to confidentiality obligations, including legal requirements and whistleblower provisions
2. Return of Materials: Requirements for returning or destroying confidential information and materials
3. Remedies: Specific remedies available in case of breach, including injunctive relief
4. Survival: Provisions that survive termination of the agreement
1. Schedule A - Confidential Information: Detailed list of information types considered confidential under the agreement
2. Schedule B - Authorized Representatives: List of individuals authorized to receive and handle confidential information
3. Schedule C - Permitted Disclosures: Specific situations and circumstances where disclosure is permitted
Relevant legal definitions
Agreement
Confidential Information
Disparagement
Disclosing Party
Receiving Party
Effective Date
Term
Trade Secrets
Permitted Purpose
Permitted Recipients
Representatives
Affiliate
Business Day
Intellectual Property Rights
Material Breach
Proprietary Information
Authorized Disclosure
Confidentiality Period
Non-Disparagement Period
Force Majeure Event
Governing Law
Jurisdiction
Party/Parties
Protected Information
Third Party
Confidential Information
Disparagement
Disclosing Party
Receiving Party
Effective Date
Term
Trade Secrets
Permitted Purpose
Permitted Recipients
Representatives
Affiliate
Business Day
Intellectual Property Rights
Material Breach
Proprietary Information
Authorized Disclosure
Confidentiality Period
Non-Disparagement Period
Force Majeure Event
Governing Law
Jurisdiction
Party/Parties
Protected Information
Third Party
Clauses
Confidentiality
Non-Disparagement
Term and Duration
Permitted Disclosures
Return of Information
Intellectual Property
Representations and Warranties
Exceptions and Exclusions
Notice Requirements
Breach and Remedies
Injunctive Relief
Survival
Assignment
Severability
Entire Agreement
Amendment and Waiver
Governing Law
Jurisdiction
Dispute Resolution
Force Majeure
Third Party Rights
Counterparts
Indemnification
Termination Rights
Non-Disparagement
Term and Duration
Permitted Disclosures
Return of Information
Intellectual Property
Representations and Warranties
Exceptions and Exclusions
Notice Requirements
Breach and Remedies
Injunctive Relief
Survival
Assignment
Severability
Entire Agreement
Amendment and Waiver
Governing Law
Jurisdiction
Dispute Resolution
Force Majeure
Third Party Rights
Counterparts
Indemnification
Termination Rights
Relevant Industries
Relevant Teams
Relevant Roles
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