The Non-Disclosure Agreement Cost is a specialized confidentiality agreement designed for use in the Philippine business context where parties need to share sensitive cost-related information, pricing structures, or financial data. This document is particularly relevant when companies engage in vendor negotiations, partnership discussions, or due diligence processes where detailed cost information must be disclosed. The agreement ensures compliance with Philippine law, including the Data Privacy Act of 2012 and the Civil Code, while providing robust protection for confidential cost information. It is commonly used in scenarios such as supplier negotiations, joint venture discussions, contractor engagements, or consulting arrangements where pricing and cost structures need to be shared. The document includes specific provisions for handling financial data, cost calculations, pricing models, and related confidential information, with enforcement mechanisms aligned with Philippine legal requirements.
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1. Parties: Identification of the disclosing and receiving parties, including their legal names, addresses, and company registration details if applicable
2. Background: Context of the agreement, including the purpose of sharing confidential information and the nature of the business relationship
3. Definitions: Clear definitions of key terms, especially 'Confidential Information', 'Authorized Recipients', 'Permitted Purpose', and other relevant terms
4. Scope of Confidential Information: Detailed description of what constitutes confidential information under the agreement
5. Confidentiality Obligations: Core obligations regarding the protection, non-disclosure, and permitted uses of confidential information
6. Security Measures: Required security measures for protecting confidential information
7. Term and Survival: Duration of the agreement and which obligations survive termination
8. Return or Destruction of Confidential Information: Procedures for handling confidential information upon termination or request
9. Breach and Remedies: Consequences of breach and available remedies including injunctive relief
10. Governing Law and Jurisdiction: Specification of Philippine law as governing law and jurisdiction for disputes
1. Data Privacy Compliance: Additional provisions for compliance with the Data Privacy Act when personal data is involved
2. Electronic Data Handling: Specific provisions for electronic data protection and compliance with the E-Commerce Act
3. Employee Obligations: Additional provisions when the NDA covers employee relationships
4. Intellectual Property Rights: Specific provisions regarding IP rights when relevant to the confidential information
5. Third Party Disclosure: Procedures for permitted disclosure to third parties such as professional advisors
6. Force Majeure: Provisions for handling confidential information during force majeure events
7. Non-Solicitation: Additional provisions preventing solicitation of employees or customers
8. Publicity: Restrictions on public announcements or marketing related to the relationship
1. Schedule 1 - Specified Confidential Information: Detailed list or categories of confidential information covered
2. Schedule 2 - Authorized Recipients: List of individuals or roles authorized to access the confidential information
3. Schedule 3 - Security Protocols: Specific security measures and protocols required for protecting the information
4. Appendix A - Data Handling Procedures: Detailed procedures for handling, storing, and transmitting confidential information
5. Appendix B - Notice Requirements: Contact details and procedures for required notices under the agreement
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