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Need to create your own nondisclosure agreement? Non-disclosure agreement, types, parts, limitations, enforcement, etc.Also learn what to do if you need to sign or create an NDA. In general, there is no duty to disclose without evidence of a fiduciary or confidential (also referred to as "informal") relationship. Full disclosure furthers both mutually beneficial exchange. Full disclosure furthers both mutually beneficial exchange. This opinion is important precedent in Texas on the duty to disclose. Under those circumstances, paragraph (a) prohibits disclosure unless the client or former client gives informed consent. If the disclosure is in writing, it shall be marked "confidential". Since the other NDA remains in full force and effect for the life me of the individual.