This Reciprocal Non-Disclosure Agreement is designed for situations where two parties need to share confidential information with each other in India, typically during business discussions, negotiations, or collaborative projects. The document is specifically drafted to comply with Indian law, incorporating requirements from the Indian Contract Act, 1872, and other relevant legislation. It's commonly used before entering into detailed business discussions, due diligence processes, or when exploring potential partnerships. The agreement ensures that both parties have equivalent obligations to protect each other's confidential information, including trade secrets, business plans, technical data, and other sensitive information. It includes specific provisions for enforcement under Indian jurisdiction and provides clear mechanisms for handling confidential information during and after the term of the agreement.
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1. Parties: Identification of both parties entering into the NDA, including registered addresses and company details
2. Background: Context of the agreement and purpose for sharing confidential information
3. Definitions: Definitions of key terms including 'Confidential Information', 'Representatives', 'Permitted Purpose', and other relevant terms
4. Scope of Confidential Information: Detailed description of what constitutes confidential information under the agreement
5. Mutual Obligations of Confidentiality: Core obligations of both parties regarding protection and non-disclosure of confidential information
6. Permitted Disclosures: Circumstances under which confidential information may be disclosed, including to employees, advisors, or as required by law
7. Security Measures: Required security measures for protecting confidential information
8. Return or Destruction of Confidential Information: Obligations regarding the return or destruction of confidential information upon termination or request
9. Term and Termination: Duration of the agreement and termination provisions
10. Survival: Obligations that continue after termination of the agreement
11. Remedies: Available remedies in case of breach, including injunctive relief
12. Governing Law and Jurisdiction: Specification of Indian law as governing law and jurisdiction for disputes
1. Intellectual Property Rights: Clarification that the agreement doesn't transfer any IP rights - used when IP-sensitive information is involved
2. Data Privacy Compliance: Specific obligations regarding personal data protection - used when personal data may be shared
3. Non-Solicitation: Prohibition on soliciting employees or customers - used in business relationship contexts
4. Export Control: Compliance with export control laws - used when dealing with international parties or regulated technologies
5. Force Majeure: Provisions for unforeseen circumstances - used in long-term NDAs or specific industry requirements
6. Alternative Dispute Resolution: Mediation or arbitration provisions - used when parties prefer alternative dispute resolution
1. Schedule 1 - Description of Confidential Information: Detailed list or categories of confidential information covered by the agreement
2. Schedule 2 - Authorized Representatives: List of authorized representatives from each party who may receive or handle confidential information
3. Schedule 3 - Security Protocols: Specific security measures and protocols to be followed when handling confidential information
4. Appendix A - Standard Form Confidentiality Undertaking: Template confidentiality undertaking for representatives or third parties who may access confidential information
Relevant legal definitions
Clauses
Relevant Industries
Information Technology
Manufacturing
Healthcare
Financial Services
Professional Services
Biotechnology
Pharmaceuticals
Telecommunications
Real Estate
Consumer Goods
Education
Research and Development
Energy
E-commerce
Consulting
Relevant Teams
Legal
Business Development
Executive Leadership
Research and Development
Operations
Human Resources
Finance
Information Technology
Procurement
Strategy
Product Development
Corporate Communications
Mergers and Acquisitions
Innovation
Relevant Roles
Chief Executive Officer
Managing Director
Business Development Manager
Legal Counsel
Chief Technology Officer
Project Manager
Research Director
Chief Financial Officer
Operations Manager
Human Resources Director
Procurement Manager
Strategy Director
Innovation Manager
Product Development Manager
Partnership Manager
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