NDA – Confidentiality Agreement (Individual Disclosing to Individual)

Updated for 2014

This Confidentiality Agreement (Non-Disclosure Agreement or NDA) obliges a person receiving confidential information from another person to maintain the confidentiality of that information and to ensure that all of his or her representatives do likewise.

The agreement also contains a number of restrictive provisions which restrict the person receiving the confidential information from using that information to gain access to or solicit employees, suppliers, customers, etc of the person disclosing that confidential information to him or her.

Further details are set out below.

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From time to time, businesses and people exchange confidential information for the purpose of evaluating the prospect of working together on a joint venture, buying or selling a company, business or asset, and for many other reasons. In disclosing confidential information, the party making the disclosures will want to ensure that the receiving party keeps that information confidential and uses it only for the purpose for which it was disclosed. In order to ensure this, the parties usually enter into a binding confidentiality agreement or non-disclosure agreement (commonly called an “NDA” or “Non-Disclosure Agreement”).

The terms of this confidentiality agreement regulate the manner in which the receiving party and his or her representatives deal with the confidential information. Moreover, it offers the disclosing party strong remedies to protect his/her interests in the event that there is a breach of any of the provisions of the confidentiality agreement by either the receiving party or his or her representatives.

There are some exceptions to the confidentiality requirements under this confidentiality agreement. Where either the receiving party or any of his or her representatives are required to disclose the confidential information to a regulatory body, to a court or pursuant to an applicable law, he or she will be permitted to do so provided that (i) the disclosing party is afforded an opportunity to have an input in making that disclosure and (ii) the disclosure is limited to only the information that is required to be disclosed pursuant to the disclosure obligation.

This particular confidentiality agreement is designed for use in circumstances where one party wishes to disclose confidential information to another party for a specific purpose (as described in the confidentiality agreement itself).

Detailed information in relation to each clause of this agreement and on how to complete the agreement are contained in the notes that accompany the agreement.



Clauses Included in this Confidentiality Agreement:

- Defined Terms Clause

- Obligations of the Receiving Party

Clause - Return of Information Clause

- Reservation of Rights and Acknowledgement

Clause - Principal Clause

- Restrictive Provisions Clause

- Indemnity Clause

- Term and Termination Clause

- Notices Clause

- Announcement Clause

- Counterparts Clause

- Severability Clause

- Waiver Clause

- Costs Clause

- Entire Agreement Clause

- Governing Law and Jurisdiction Clause

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