The Non Disclosure Agreement Trade Secret is essential when businesses need to share valuable proprietary information while maintaining its secrecy under US law. This document is particularly crucial for situations involving the disclosure of trade secrets such as manufacturing processes, customer lists, or proprietary technology. It provides protection under both the federal Defend Trade Secrets Act and state-specific trade secret laws, offering comprehensive remedies for misappropriation. The agreement is commonly used in business negotiations, potential mergers, contractor relationships, and employee onboarding where access to trade secrets is necessary.
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1. Parties: Identification of the disclosing and receiving parties
2. Background: Context and purpose of the agreement
3. Definitions: Key terms including 'Confidential Information' and 'Trade Secrets'
4. Confidentiality Obligations: Core obligations regarding protection and non-disclosure
5. Permitted Uses: Authorized uses of confidential information
6. Term and Termination: Duration of agreement and termination provisions
7. Return of Information: Requirements for returning or destroying confidential information
8. Governing Law: Specification of US law as governing law and relevant jurisdictions
9. Remedies: Legal remedies available in case of breach, including injunctive relief
1. Employee/Contractor Provisions: Additional terms for when recipient is an employee or contractor
2. Whistleblower Immunity: DTSA-required immunity notice for employees and contractors
3. Non-Solicitation: Restrictions on soliciting employees or customers
4. Non-Competition: Restrictions on competing activities
1. Schedule A - Description of Trade Secrets: Detailed list or description of protected trade secrets
2. Schedule B - Security Protocols: Specific procedures for handling confidential information
3. Schedule C - Authorized Personnel: List of individuals authorized to access the information
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