Confidentiality Agreement/NDA: Mutual – Long

Confidentiality Agreement/NDA: Mutual – Long

Long form confidentiality agreement for use where both parties will disclose their confidential information to the other party 

Background

Why use Confidentiality Agreements?

Confidentiality Agreements (also known as NDAs) are used in corporate and commercial transactions as a preliminary agreement to enable parties to disclose confidential information prior to them discussing the main transaction.

By first entering into an NDA, the parties can exchange confidential information with each other with the assurance that, if the negotiations on the main transaction break down, the confidential information which has been disclosed will be protected by a legally enforceable agreement. 

About this Confidentiality Agreement

This document is for the mutual exchange of confidential information.  All rights and obligations under the document apply equally to both parties in their capacity as both the discloser of their own confidential information and the recipient of the other party’s confidential information. 

The document is a long form agreement and contains relatively strong legal protections for the benefit of a party in its capacity as the discloser of confidential information.

Document features

Features include:

• 17 clauses over 9 pages
• Definition of Confidential Information
• Confidentiality obligations
• Permitted recipients to whom Confidential Information may be disclosed
• Circumstances in which compulsory disclosure should be made
• Return of Confidential Information to the owner
• Restriction on soliciting (poaching) each other’s employees
• Contractual indemnity for breach of confidentiality obligations
• Duration of agreement

Explanatory guidance

As with all of our document templates, your purchase will include access to clear explanatory guidance on the document and its use.

Alternative Confidentiality Agreements

• For a shorter form of mutual confidentiality agreement, see NDA002.001 NDA: mutual – short. 
• For forms of confidentiality agreement where only one party will disclose confidential information see NDA003.001 NDA: one way – long and NDA004.001 NDA: one way – short.

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