Are confidentiality clauses enforceable?

Generally, confidentiality agreements are enforceable when they meet the general requirements of a contract.

Who are the parties to the confidentiality clause?

The parties acknowledge that as a result of this Agreement, each party may have access to and receive from the other party non- public personally identifiable financial and/or health information (NPI), as defined in federal and state law, regarding consumers, customers, former customers and/or their beneficiaries.

What is the confidentiality agreement for independent contractors?

Service of the Petition to Confirm Arbitration and written notice of the time and place of the hearing on the Petition to Confirm the Award of the Arbitrator shall be made in the manner provided herein for all notice. Such service shall be complete on personal delivery or the deposit of the Petition and notice in the United States mail.

What are the terms of a confidentiality agreement?

This Agreement is to be independently enforceable, but it is to be interpreted in accordance with the terms of any other Agreement between the Parties with the understanding that protection of confidential information is an absolute priority of the Parties.

What does the independent development sample clause mean?

Accordingly, nothing in this Agreement will be construed as a representation or inference that each party will not develop or acquire products, for itself or others, that compete with the products, systems, or methods contemplated by the other party’s Confidential Information, provided that the party has not done so in breach of this Agreement.

What do you need to know about the confidentiality clause?

The parties understand and agree that all Confidential Information shall be kept confidential by the other both during and after the term of this Agreement. Each party shall maintain commercially reasonable information security policies and procedures for protecting Confidential Information.

When does a confidentiality agreement need to be disclosed?

Each party to the agreement should use reasonable efforts to prevent the disclosure of any information identified in the Agreement for three years after the termination of the Agreement. However, if the information must be disclosed, the party must disclose to the other party that the information is being disclosed and to whom.

When to include a non solicitation clause in a confidentiality agreement?

If the disclosing party is worried that the receiving party intends on soliciting clients from the disclosing party, then a non-solicitation term can also be included in the confidentiality agreement preventing the other party from doing so. It is important to include this clause in an agreement involving a third party contractor.