Categories
  • No categories
Site Tools

Due Diligence Confidentiality Agreement Sample

Finally, the NDA should contain several default choice of law, amendment, integration and assignment provisions that define all relationships between the parties, reduce the scope of the issues at issue in the event of a breach, and prevent either party from using the NDA as evidence of an alleged agreement regarding other transactions contemplated by the parties. The most valuable assets of new economy enterprises are intangible assets such as ideas, know-how, data compilation and intellectual property rights. The business of companies in the new economy is essentially to manage this information in a way that maximizes its value. If valuable information is mismanaged – disclosed prematurely or passed on to a target group other than the intended target audience – its value can be lost or totally wasted for competitors. As a result, respect for the confidentiality of valuable documents is of the utmost importance in the information age. The provisions of this Correspondence Agreement shall be interpreted and construed in such a way that such provisions are valid, binding and enforceable. In the event that any provision of this Correspondence Agreement is held to be partially invalid or illegal, or if such provision cannot be modified or limited in this manner, it shall be deemed to be withdrawn from this Correspondence Agreement and the validity, binding effect and enforceability of the remaining provisions of this Correspondence Agreement shall not be affected or affected in any way. The NDA should provide that the party receiving the contract returns to the disclosed party all confidential information and copies immediately after termination of the contract. A complex aspect of an NDA is whether other individuals or companies should be involved in the agreement in order to keep the information confidential….