The Indefinite NDA is essential for situations requiring long-term protection of sensitive information under U.S. law. This document is particularly crucial when sharing trade secrets, proprietary technology, or business-critical information that requires protection beyond a standard fixed-term period. It establishes perpetual confidentiality obligations while incorporating necessary exceptions for public domain information and legal requirements. The agreement ensures compliance with both federal and state trade secret protection frameworks while maintaining flexibility for various business contexts.
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1. Parties: Identification of the disclosing and receiving parties, including full legal names and addresses
2. Background: Context and purpose of the NDA, explaining the business relationship or purpose for sharing confidential information
3. Definitions: Key terms including Confidential Information, Trade Secrets, Permitted Purpose, and other relevant defined terms
4. Confidentiality Obligations: Core obligations regarding protection and non-disclosure of confidential information
5. Permitted Uses: Specific authorized uses of confidential information and scope of permitted disclosure
6. Return of Information: Obligations regarding return or destruction of confidential information upon termination or request
7. Term and Survival: Duration of the agreement and provisions that survive termination
8. Governing Law: Specification of applicable law and jurisdiction for dispute resolution
1. Security Measures: Specific security requirements and protocols for protecting confidential information, used for highly sensitive information or regulated industries
2. Subcontractors: Provisions governing sharing of confidential information with authorized third parties and subcontractors
3. Non-Solicitation: Restrictions on soliciting employees or customers, included when protecting business relationships is crucial
4. Remedies: Specific remedies available in case of breach, including injunctive relief provisions
1. Schedule A - Description of Confidential Information: Detailed list or categories of protected information and materials
2. Schedule B - Authorized Representatives: List of individuals authorized to receive and handle confidential information
3. Schedule C - Security Protocols: Specific procedures and requirements for handling and protecting confidential information
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