This Mutual Non Disclosure Agreement template is designed for use in Pakistan when two parties need to share confidential information while ensuring legal protection under Pakistani law. It is particularly relevant for business negotiations, joint ventures, potential partnerships, or any situation requiring the exchange of sensitive information. The agreement complies with the Contract Act 1872 and other relevant Pakistani legislation, providing comprehensive protection for both parties' confidential information, including business secrets, technical know-how, customer data, and proprietary information. This template includes specific enforcement mechanisms available under Pakistani law and is structured to be easily adaptable for various business contexts while maintaining its enforceability in Pakistani courts.
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1. Parties: Identification of all parties to the agreement with full legal names and addresses
2. Background: Context of the agreement and purpose of sharing confidential information
3. Definitions: Definitions of key terms including 'Confidential Information', 'Permitted Purpose', 'Representatives', and 'Affiliates'
4. Scope of Confidential Information: Detailed description of what constitutes confidential information under the agreement
5. Obligations of Confidentiality: Core mutual obligations regarding the protection and non-disclosure of confidential information
6. Permitted Disclosures: Circumstances under which confidential information may be disclosed, including to employees, advisors, and 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 request or termination
9. Term and Termination: Duration of the agreement and termination provisions
10. Breach and Remedies: Consequences of breach and available remedies including injunctive relief
11. Governing Law and Jurisdiction: Specification of Pakistani law as governing law and jurisdiction for disputes
12. General Provisions: Standard boilerplate clauses including entire agreement, amendments, and severability
1. Intellectual Property Rights: Additional provisions specifically addressing IP rights when the confidential information includes IP - recommended when sharing technical information or trade secrets
2. Data Protection: Specific provisions for handling personal data - required when confidential information includes personal data
3. Export Control: Provisions regarding compliance with export control laws - needed when information may be subject to international transfer restrictions
4. Non-Solicitation: Provisions preventing parties from soliciting each other's employees - useful in business collaboration contexts
5. Competitive Activities: Provisions regarding restrictions on competitive activities - relevant when parties are potential competitors
6. Force Majeure: Provisions for unforeseen circumstances affecting compliance - particularly relevant in long-term NDAs
1. Schedule 1 - Description of Permitted Purpose: Detailed description of the specific purpose for which confidential information may be used
2. Schedule 2 - Authorized Representatives: List of authorized representatives from each party who may access confidential information
3. Schedule 3 - Security Protocols: Detailed security measures and protocols for handling confidential information
4. Schedule 4 - Specific Categories of Confidential Information: Detailed list or categories of information considered confidential under the agreement
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