About this document
What this document is
A mutual non-disclosure agreement is a contract used by two parties who may each share confidential information with the other.
Purpose
It sets rules for receiving, using, protecting and returning confidential information during proposed business discussions or a collaboration.
Key components
- Background and purpose defining the permitted discussions, evaluation or collaboration
- Parties and effective date identifying both parties entering the mutual confidentiality arrangement
- Exclusions from confidentiality identifying information that is public, independently developed or lawfully received elsewhere
- Receiving party obligations requiring restricted use, reasonable protection and authorised access only
- Definition of confidential information covering protected oral, written, electronic and tangible disclosures
- Ownership and no-licence terms preserving each discloser’s rights in its information
- Return or destruction provisions for confidential materials at the end of discussions
- Term and survival stating the agreement period and continuing confidentiality duties
- Remedies, governing law and dispute process addressing breach and Kenya-specific administration
- Compelled disclosure process requiring notice and limited disclosure where legally required
- Signature blocks for authorised representatives of both parties
- General contract provisions covering notices, assignment, entire agreement and amendments
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