A Unilateral NDA is essential when one party needs to share sensitive business information with another party while maintaining control over its use and disclosure. This document type is commonly used in business negotiations, potential partnerships, vendor relationships, and employment contexts. The agreement, governed by U.S. federal and state laws, defines what constitutes confidential information, sets forth protection requirements, establishes duration of obligations, and specifies consequences of unauthorized disclosure. A Unilateral NDA differs from mutual NDAs as the confidentiality obligation flows in only one direction.
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1. Parties: Identification of the disclosing and receiving parties
2. Background: Context and purpose of the NDA
3. Definitions: Key terms including 'Confidential Information' and their meanings
4. Scope of Confidential Information: Detailed description of what information is covered by the agreement
5. Obligations of Receiving Party: Duties to protect and not disclose confidential information
6. Term and Termination: Duration of the agreement and termination provisions
7. Return of Confidential Information: Requirements for returning or destroying confidential information
1. Specific Exclusions: List of explicitly excluded information from the scope of confidentiality
2. Permitted Disclosures: Circumstances where disclosure is allowed without breaching the agreement
3. Non-Solicitation: Prohibition on soliciting employees or customers of the disclosing party
1. Schedule A - Description of Confidential Information: Detailed list or categories of protected information
2. Schedule B - Authorized Representatives: List of individuals authorized to receive confidential information
3. Schedule C - Security Procedures: Specific procedures for handling and protecting confidential information
Relevant legal definitions
Clauses
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