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were continuing to discuss the NDA or confidentiality agreement the confidentiality agreement sets out items that it that are considered to be confidential that are disseminated between counterparties the agreement itself could also be considered confidential if specifically stated as such in this sample contract you can see that the confidentiality of the agreement itself is included this provision ensures that the negotiations and discussions that occur during the creation of this agreement and in contemplation of this agreement will also be deemed confidential if that has been contemplated by the parties this clause can be a separate provision or may be included in the definition of confidential information itself practically what does that mean it means that for example of companies are considering a merger acquisition of each other so considering whether to merge with each other or if one company is considering the acquisition of the other or in corporate finance transactions bei