The NDA Settlement Agreement is utilized when parties need to resolve disputes arising from actual or alleged breaches of confidentiality obligations while maintaining future protection of sensitive information. This document type is particularly relevant in cases where there has been a claimed violation of an existing NDA but parties wish to avoid litigation. The agreement typically includes settlement terms, releases of claims, and renewed confidentiality provisions, all while ensuring compliance with U.S. federal and state laws governing trade secrets and confidential information.
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1. Parties: Identification of all parties involved in the settlement
2. Background/Recitals: Context of the dispute and reason for settlement
3. Definitions: Key terms used throughout the agreement including confidential information, trade secrets, and settlement terms
4. Settlement Terms: Core terms of the settlement including any payments or actions required
5. Confidentiality Obligations: Specific confidentiality requirements going forward and compliance with trade secret laws
6. Release of Claims: Mutual release of claims related to the dispute
7. Governing Law: Jurisdiction and applicable law, including federal and state trade secret provisions
1. Non-Disparagement: Prevents parties from making negative statements about each other, used when reputation protection is important
2. Return of Materials: Requirements for returning confidential information and verification process
3. Future Cooperation: Terms for how parties will interact in the future and any ongoing obligations
4. Remedies for Breach: Specific consequences for violating the agreement, including injunctive relief and damages
1. Schedule of Confidential Information: Detailed list of information covered by the NDA and trade secret classifications
2. Schedule of Settlement Payments: Payment terms and schedule if applicable
3. Form of Release: Standard release language to be signed by all parties
4. Return/Destruction Certificate: Template for confirming return/destruction of confidential materials
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