The Trade Secret NDA is essential for businesses and individuals needing to protect valuable proprietary information while sharing it with necessary parties. This document type is particularly crucial given the increasing mobility of employees and digital nature of information. Under U.S. jurisdiction, this NDA Trade Secret agreement provides comprehensive protection through both federal (DTSA) and state-level laws, offering remedies for misappropriation and unauthorized disclosure. It's commonly used during business negotiations, employment relationships, and contractor engagements where access to trade secrets is required.
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1. Parties: Identification of the disclosing and receiving parties
2. Background: Context and purpose of the agreement
3. Definitions: Key terms including 'Confidential Information' and 'Trade Secrets'
4. Scope of Confidential Information: Detailed description of protected information, including trade secrets and other confidential materials
5. Obligations of Receiving Party: Duties to maintain secrecy, permitted uses, and security measures required
6. Term and Termination: Duration of obligations and termination conditions
7. Return of Materials: Requirements for returning or destroying confidential information upon termination
8. Remedies: Legal remedies available in case of breach, including injunctive relief
9. General Provisions: Standard legal provisions including governing law, jurisdiction, and assignment
1. Non-Competition: Restrictions on competitive activities during and after the agreement term
2. Non-Solicitation: Restrictions on soliciting employees, customers, or suppliers
3. Security Measures: Specific security protocols and requirements for handling confidential information
4. Whistleblower Protection: Provisions complying with federal whistleblower protection laws
5. Audit Rights: Rights to audit compliance with security measures and handling of confidential information
1. Schedule A - Trade Secrets: Detailed list of specific trade secrets and confidential information covered by the agreement
2. Schedule B - Security Protocols: Specific procedures and requirements for handling and protecting confidential information
3. Schedule C - Authorized Representatives: List of individuals authorized to access and handle the confidential information
4. Schedule D - Excluded Information: List of information specifically excluded from confidentiality obligations
Relevant legal definitions
Clauses
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