PERFORMANCE-RELATED NDA

Introduction

1. Purpose

The purpose of this Non-Disclosure Agreement (NDA) is to establish a confidential relationship between [Your Company Name] and the second party involved. This NDA aims to protect sensitive performance-related information that will be disclosed during the course of business engagement.

2. Parties Involved

• Disclosing Party: [Your Company Name]

• Receiving Party: Techno Pro
  

Definitions

1. Confidential Information

Confidential information refers to any data or information related to the performance metrics, strategies, and other proprietary details of [Your Company Name]. This includes, but is not limited to, internal reports, financial data, and strategic plans.

2. Performance Metrics

Performance metrics include but are not limited to key performance indicators (KPIs), objectives, and results. These metrics may be quantitative or qualitative and are used to evaluate the success of a particular activity or process.

3. Second Party

The term "Second Party" refers to the individual or organization that is the recipient of the confidential information disclosed by [Your Company Name].

Scope of Confidentiality

1. Information Covered

This NDA covers all performance-related information disclosed, whether orally, in writing, or through any other medium. This includes emails, documents, and even casual conversations.

2. Limitations

The receiving party is not allowed to disclose or use the information for any purpose other than the agreed-upon objectives. This includes not using the information for personal gain or for the benefit of other organizations.

Obligations

1. Non-Disclosure

The receiving party shall not disclose any confidential information to third parties. This includes family, friends, and other organizations unless explicitly permitted by [Your Company Name].

2. Safekeeping

The receiving party is responsible for the safekeeping of the disclosed information. This includes storing the information in secure locations, both digitally and physically.

3. Reporting

Any unauthorized disclosure or suspicion thereof must be immediately reported to [Your Company Name].

Exclusions

1. Public Information

Information that is publicly available or becomes publicly available through no fault of the receiving party is excluded from this NDA.

2. Prior Knowledge

Information already known to the receiving party prior to disclosure is also excluded. Proof of prior knowledge may be required.

3. Legal Requirements

If the receiving party is required by law to disclose the information, it is excluded from the NDA, provided that the disclosing party is notified in advance.

Duration

1. Effective Date

This NDA becomes effective upon signing by both parties and will last for a period of two years from the effective date.

2. Expiry

Upon expiry, all confidential information must be returned or destroyed. A certificate of destruction may be required.

Termination

1. Grounds for Termination

Either party may terminate this NDA if there is a breach of its terms. Grounds for termination include but are not limited to unauthorized disclosure and failure to safeguard information.

2. Notice

Termination requires a 30-day written notice sent to [Your Company Email].

3. Post-Termination

Upon termination, all confidential information must be returned or destroyed, and a certificate of destruction may be required.

Legal Remedies

1. Breach Consequences

In the event of a breach, the disclosing party is entitled to seek legal remedies, including but not limited to injunctive relief and damages.

2. Jurisdiction

This NDA is governed by the laws of the United States. Any disputes arising out of this agreement shall be resolved in a court of competent jurisdiction within the United States.

3. Legal Fees

In the event of litigation relating to this NDA, the prevailing party shall be entitled to recover its legal fees and costs.

Miscellaneous

1. Amendments

Any amendments to this NDA must be in writing and signed by both parties. Verbal agreements will not be considered valid amendments.

2. Entire Agreement

This NDA constitutes the entire agreement between the parties and supersedes all prior discussions, negotiations, and agreements, whether oral or written.

3. Severability

If any provision of this NDA is found to be unenforceable, the remainder of the NDA will continue in full force and effect.

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By signing below, both parties agree to adhere to the terms and conditions outlined in this Non-Disclosure Agreement.

[Your Company Name] Authorized Representative December 10, 2050		Techno Pro Authorized Representative December 10, 2050

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