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Replace Date Field from the Unilateral Nondisclosure Agreement

Replace Date Field from the Unilateral Nondisclosure Agreement

Aug 6th, 2022

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Got questions?

Below are some common questions from our customers that may provide you with the answer you're looking for. If you can't find an answer to your question, please don't hesitate to reach out to us.

Can NDA have no termination date?

No Expiration Dates Likewise, the confidentiality obligations in an NDA should have no expiration date. If an NDA provides that a party must keep information confidential only for some period of time, when that time expires, so does the secrecy of the information.

What can make an NDA invalid?

When drafting an NDA, it is critical to be as specific as possible. A contract can be declared null and void if the language is unduly broad, irrational, or onerous. Agreements that are overly broad, oppressive, or attempt to contain non-confidential information will also be challenged or invalidated by the courts.

Does an NDA need an expiration date?

Most NDAs last for as long as the agreement states in its terms, and can be for as long as the parties agree. This is particularly important for trade secrets, which have no registration-type protections and can only be protected for as long as they are kept secret.

Can you backdate a non-disclosure agreement?

Thankfully, most jurisdictions allow for contracts, including NDAs, to be signed with a retroactive date. This is commonly referred to as backdating.

What is consideration for unilateral non-disclosure agreement?

A non-disclosure agreement may be unilateral, that is, one person is bound by the obligation to keep a secret, or it may be mutual, in which both parties have an obligation to keep the secrets of the other disclosing party. As in all contracts, both parties must receive a benefit; this benefit is called consideration.

Does an NDA need a termination date?

No Expiration Dates So long as they are kept secret, trade secrets do not expire. Likewise, the confidentiality obligations in an NDA should have no expiration date.

Do NDAs have a termination clause?

A good NDA should have a clause that provides for how the agreement can be terminated. The termination clause should specify: How the intention to terminate should be communicated to the other party (for example, in writing) And whether any notice period is required before termination kicks into effect.

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