Fillable TRADE SECRET NON-DISCLOSURE AGREEMENT (Non-Disclosure Agreement)

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TRADE SECRET NON-DISCLOSURE AGREEMENT (Non-Disclosure Agreement)

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Copyright © 2018 by NonDisclosureAgreement.com
Page 1 of 2
TRADE SECRET NON-DISCLOSURE AGREEMENT
This Trade Secret Non-Disclosure Agreement, hereinafter known as this “Agreement”,
is created on the ____ day of ___________________________, 20___ by and
between ___________________________, of ___________________________, City
of ___________________________, State of ___________________________,
hereinafter known as “Releasor”, and ___________________________, of
___________________________, City of ___________________________, State of
___________________________, hereinafter the “Recipient”, and collectively known as
the “Parties”.
WHEREAS, through this Agreement, the Releasor and the Recipient have entered into
a relationship by which the Recipient may be exposed to certain Confidential
Information of the Releasor, in which the Releasor has an interest in protecting.
NOW, THEREFORE, in consideration of the mutual covenants and promises made by
the Parties hereto, the Releasor and the Recipient covenant and agree as follows:
I. TRADE SECRET. “Trade Secret” means all information possessed by or developed
for the Releasor to which all of the following apply: (i) the information derives
independent economic value from not being generally known and (ii) the Releasor takes
reasonable precautions to prevent such information from being disclosed and released
to the public.
In addition, throughout the duration of this Agreement and the Recipient’s business
relationship with the Releasor and any time after the termination of such relationship,
the Recipient shall do what is reasonably necessary to prevent unauthorized disclosure
of the Releasor’s Trade Secrets. Furthermore, after the termination of any such
relationship, the Recipient shall not use or disclose the Releasor’s Trade Secrets as
long as they remain Trade Secrets.
II. CONFIDENTIAL INFORMATION. “Confidential Information” means information, to
the extent it is not a Trade Secret although possessed by the Releasor and shared to
the Recipient, including, but not limited to, business plans, strategies, existing or
proposed, costs, technical developments, financial or business projections, investments,
marketing plans, training information, materials, and any other information that holds
proprietary value to the Releasor.
III. NON-DISCLOSURE. Except as required to further the relationship between the
Releasor and the Recipient or as expressly authorized in writing on behalf of the
Releasor, the Recipient shall not disclose, directly or indirectly, any Confidential
Information during the per-iod of their relationship with the Releasor or any time after
the termination of such relationship.
Copyright © 2018 by NonDisclosureAgreement.com
Page 2 of 2
IV. EXCEPTIONS. The provisions of this Agreement will not be deemed to prohibit any
disclosure that is required by law or court order, however, the Recipient agrees to
provide the Releasor with reasonable prior notice and an opportunity to contest or
minimize such disclosure.
In addition, the Recipient may disclose Confidential Information or Trade Secrets at any
time conditional upon a written release from this Agreement by the Releasor.
V. RETURN OF INFORMATION. Immediately upon termination of the relationship
between the Releasor and the Recipient, the Recipient shall return to the Releasor any
documents related to the Confidential Information or Trade Secrets which are in the
Recipient’s possession.
VI. ACKNOWLEDGMENTS. The Recipient acknowledges that: (i) this Agreement has
been specifically bargained between the parties and reviewed by the Recipient; (ii) the
Recipient has had an opportunity to obtain legal counsel to review this Agreement; (iii)
the covenants made by and duties imposed upon the Recipient hereby are fair,
reasonable and minimally necessary to protect the legitimate business interests of the
Releasor; (iv) such covenants and duties will not place an undue burden upon the
Recipient’s livelihood in the event of termination of the Recipient’s business relationship
with the Releasor and the strict enforcement of the covenants contained herein; and (v)
any breach of this Agreement will cause substantial and irreparable harm to the
Releasor for which money damages would be an inadequate remedy.
VII. GOVERNING LAW. This Agreement shall be governed by the laws located in the
State of ___________________________.
Releasor’s Signature ________________________________ Date ______________
Print Name ________________________________
Recipient’s Signature ________________________________ Date ______________
Print Name ________________________________
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TRADE SECRET NON-DISCLOSURE AGREEMENT (Non-Disclosure Agreement)

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Completed 21 December 2020

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