The 3 Way Non-Disclosure Agreement is essential in situations where three distinct parties need to share sensitive information while maintaining strict confidentiality. This document type is particularly relevant in the Indian business context, where complex multi-party transactions, joint ventures, or collaborative projects require mutual protection of proprietary information. The agreement is drafted in compliance with Indian contract law and related statutes, incorporating necessary provisions for enforcement under Indian jurisdiction. It is commonly used in scenarios such as joint venture negotiations, technology transfers, consulting arrangements, or when multiple parties are involved in a strategic business initiative. The document includes comprehensive definitions of confidential information, specific obligations for each party, permitted uses, security requirements, and enforcement mechanisms.
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1. Parties: Identification and details of all three parties to the agreement
2. Background: Context of the relationship between the three parties and purpose of the NDA
3. Definitions: Definitions of key terms including 'Confidential Information', 'Permitted Purpose', 'Representatives', and other relevant terms
4. Scope of Confidential Information: Detailed description of what constitutes confidential information for each party
5. Disclosure and Use of Confidential Information: Terms governing how confidential information can be shared and used among the three parties
6. Obligations of Confidentiality: Specific duties of each party regarding protecting and maintaining confidentiality
7. Permitted Disclosures: Circumstances under which confidential information may be disclosed, including to representatives and by legal requirement
8. Security Measures: Required procedures and safeguards for protecting confidential information
9. Return or Destruction of Confidential Information: Procedures for handling confidential information upon termination or request
10. Term and Termination: Duration of the agreement and circumstances for termination
11. Breach and Remedies: Consequences of breach and available remedies including injunctive relief
12. General Provisions: Standard clauses including governing law, jurisdiction, amendments, and notices
1. Residual Rights: Provisions regarding use of residual knowledge, used when parties want to clarify rights to non-documented knowledge
2. Non-Solicitation: Restrictions on soliciting employees or customers, included when parties want to prevent poaching
3. Competitive Activities: Provisions regarding competition between parties, used when parties are potential competitors
4. Data Protection Compliance: Specific provisions for handling personal data, required when confidential information includes personal data
5. Export Control: Provisions for international data transfer, needed when parties are in different countries
6. Publicity: Rules about public announcements of the relationship, included when parties want to control public disclosure of their relationship
1. Schedule 1 - Specific Confidential Information: Detailed list of confidential information categories for each party
2. Schedule 2 - Authorized Representatives: List of individuals authorized to receive confidential information from each party
3. Schedule 3 - Security Protocols: Specific security measures and procedures to be followed by all parties
4. Schedule 4 - Permitted Purpose Details: Detailed description of the specific purposes for which confidential information may be used
5. Appendix A - Notice Details: Contact information and procedures for formal notices between parties
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