This is a confidentiality agreement between a consultant and the company who has hired the consultant. It is the typical confidentiality agreement used when there are technology transactions.
Montana Consultant Confidentiality Agreement for Use in Technology Transactions
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Multi-State
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US-TC0307
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How to fill out Consultant Confidentiality Agreement For Use In Technology Transactions?
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FAQ
A confidentiality agreement?also called a "nondisclosure agreement" or "NDA"?is a legally binding contract where a person or business promises to treat specific information as a trade secret and promises not to disclose the secret to others without proper authorization.
Whilst not market standard, it is not uncommon to see a request for indemnification for all losses (damages, costs and expenses) arising out of a breach of an NDA crop up in the initial draft. It will often be a point of contention and negotiated quite heavily.
Confidentiality agreements protect parties entering into business relationships or transactions that require the exchange of sensitive, private information otherwise inaccessible to third parties. Confidential information is the heart of any confidentiality agreement.
Sponsor shall indemnify and hold Institution, System, their Regents, officers, agents, and employees harmless against any and all claims, demands, damages, liabilities and costs which directly or indirectly result from, or arise in connection with, any negligent act or omission of Sponsor, its agents, or employees, ...
Non-disclosure of party's interest in the transaction. Many buyers do not want the seller to disclose to others their interest in purchasing the business in question. They would therefore want the NDA to keep confidential the buyer's identity and the fact that discussions are taking place with the seller.
Confidentiality agreement indemnity is a clause in this type of contract that applies to third-party claims; for example, if you sign a confidentiality agreement that protects information provided by one company that belongs to a third party, you would be protected from third-party claims of breach of contract.
In most contracts, an indemnification clause serves to compensate a party for harm or loss arising in connection with the other party's actions or failure to act. The intent is to shift liability away from one party, and on to the indemnifying party.
Comment: An indemnification provision that addresses data breaches allows parties to allocate responsibility for the types of claims and costs typically associated with a party's data becoming compromised by an information security incident, regardless of the relative fault or ordinary negligence of the parties.