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A real clause from our sample NDA analysis — overall risk: Medium Risk
The confidentiality clause is overly broad and requires the receiving party to maintain confidentiality indefinitely, even after the agreement terminates. This could create ongoing liability without a clear end date.
The Receiving Party agrees to maintain the confidentiality of all Confidential Information disclosed by the Disclosing Party for a period of [X] years from the date of disclosure, or until such information becomes publicly available through no fault of the Receiving Party, whichever occurs first. The Receiving Party shall not disclose such information to any third party without prior written consent, except as required by law or court order.
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