Confidentiality Agreement Forms > Confidentiality Agreement Form

This sample Confidentiality Agreement form restricts the use or dissemination of previous and future disclosures of confidential information by the seller of a business (Disclosing Party) to a business broker (Receiving Party). Allows the business seller to describe the nature of the confidential information and control what confidential information does and does not get disclosed to potential buyers.

Confidentiality Agreement used for previous and future disclosures of confidential information in association a purchaser’s performing due diligence in contemplating the potential purchase of business assets. Requires the potential purchaser, as the Receiving Party, to (a) use his, her or its best efforts to prevent the unauthorized use or disclosure of Confidential Information, (b) have individual representatives, employees, and agents of the Receiving Party also sign the Confidentiality Agreement, and (b) immediately destroy or return all written, recorded, or electronically saved Confidential Information to the potential seller, as the Disclosing Party, in the event the Receiving Party determines not to purchase the business assets.

Confidentiality Agreement used for previous and future disclosures of confidential information. Allows the disclosing party to describe the nature of the confidential information, the specific purpose for which the information is being disclosed, and specific use for which the receiving party is limited to. Confidential information does not include information that: a. is part of the public domain at the time of disclosure; b. became part of the public domain, by publication or otherwise, except by breach of this Agreement; c. is already in the possession of the Interest Party at the time of disclosure by written evidence predating this Agreement; d. is received by a third party who discloses such information to the Receiving Party without similar restrictions and without breach of the this Agreement; or e. is required to be disclosed to, or by, a governmental agency to further the objectives of this Agreement or subsequently agreed to legal services, or is required to be disclosed to, or by, a proper court of competent jurisdiction; provided, however, that the Receiving Party will use his, her or its best efforts to minimize the disclosure of Confidential Information. The Receiving Party shall immediately return all written, recorded, or electronically saved Confidential Information to the Disclosing Party: a. in the event the Receiving Party determines not to perform the action(s) for which the information was disclosed (e.g. enter into contract, purchase or sale business, etc.); or b. in the event the Receiving Party ceases performing the action(s) for which the information was disclosed (e.g. provision of professional or manufacturing services); or c. within five (5) days of receipt of a written request by the Disclosing Party.


 
 

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