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1. Parties: Identification of all parties to the disclosure agreement, including the original settlement agreement parties and any additional parties being granted disclosure rights
2. Background: Reference to the original settlement agreement, its date, and general context for why disclosure is being addressed
3. Definitions: Key terms used in the agreement, including 'Confidential Information', 'Permitted Disclosure', 'Original Settlement Agreement', etc.
4. Scope of Disclosure: Detailed description of what specific information from the settlement agreement may be disclosed
5. Permitted Recipients: Identification of who may receive the disclosed information
6. Conditions of Disclosure: Specific requirements and restrictions regarding how and when disclosure can occur
7. Confidentiality Obligations: Ongoing confidentiality requirements for information not authorized for disclosure
8. Term and Survival: Duration of disclosure rights and which obligations survive termination
9. Governing Law: Specification of applicable law and jurisdiction
10. Execution: Signature blocks and execution requirements
1. Public Announcements: Specific provisions regarding any public statements or announcements about the settlement, used when public communications are anticipated
2. Regulatory Compliance: Additional provisions for regulatory reporting requirements, included when one or more parties have regulatory disclosure obligations
3. Third Party Rights: Provisions regarding the rights of third parties to receive or use disclosed information, included when third party disclosure is contemplated
4. Non-Disparagement: Provisions regarding the tone and content of any permitted disclosures, included when reputation management is a concern
5. Security Requirements: Specific security measures required for handling disclosed information, included when dealing with sensitive data
6. Breach Notification: Procedures for handling unauthorized disclosures, included when handling particularly sensitive information
7. Return/Destruction of Information: Requirements for handling disclosed information after its use, included when dealing with temporary disclosure rights
1. Schedule A - Approved Disclosure Statement: Pre-approved language or statements that may be used for disclosure
2. Schedule B - Permitted Recipients List: Detailed list of individuals or entities authorized to receive disclosed information
3. Schedule C - Disclosure Protocol: Step-by-step procedures for implementing authorized disclosures
4. Schedule D - Confidentiality Undertaking: Form of confidentiality agreement to be signed by permitted recipients
5. Appendix 1 - Original Settlement Agreement Reference: Relevant excerpts or reference points from the original settlement agreement
6. Appendix 2 - Required Notices: Forms of notices required for various types of disclosure
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