NDAs, or non-disclosure agreements, are legally enforceable contracts that create a confidential relationship between a person who has sensitive information. NDAs are evergreen, meaning the NDA has no fixed expiration date and sometimes, NDAs have a relatively long term of three years or longer.Commercial lawyers can use this annotated template agreement to draft and negotiate reciprocal, or "mutual" non-disclosure (confidentiality) agreements. The confidentiality agreement should make it clear when confidential information is being disclosed. I signed a confidentiality agreement that ended with "This Section shall survive termination of this Agreement. Each Shareholder Party agrees that it will, and will direct its designated representatives to, keep confidential and not disclose any Confidential Information.