This will be done across the next three blank spaces. The language in this form has been developed for the specific purpose of setting terms of Nondisclosure for both parties however, the State where the Employer is located ultimately governs the behavior of the Business, Employee, and this Contract.
The jurisdiction where this contract is governed will need to be documented in Article IV, paragraph C. Naturally this will be required at the end of this contract. The Employee must sign his or her Name on this line. After signing his or her Name, the Employee must also Print his or her Name on the blank line below it. Representative, Officer, etc.
The Employer Signature Party will need to print his or her name on the next line. Much like the employee NDA, allows a company to protect its proprietary information while hiring the services of an independent contractor. Under the Defend Trade Secrets Act , employers are now required to include a Notice of Immunity provision in any contract or agreement with an employee that governs the use of a trade secret or other confidential information.
The notice should also be included in agreements for independent contractors as well. An employer who fails to include the provision is prohibited from recovering exemplary double damages and attorney fees from the employee or IC. The failure to include the provision does not prevent filing in federal court under the DTSA. This includes, but is not limited to:. The Employee will also return to Company all equipment, files, software programs and other personal property belonging to Company.
Confidentiality Obligation Survives Employment. This Agreement may not be amended except in a writing signed by both Company and Employee. This right is to be in addition to the remedies otherwise available to Company. The Employee waives any other venue to which the Employee might be entitled by domicile or otherwise. The Company may assign this Agreement to any party at any time. Any assignment or transfer in violation of this section shall be void. The Employee is provided notice that an individual shall not be held criminally or civilly liable under any federal or state trade secret law for the disclosure of a trade secret that is made i in confidence to a federal, state, or local government official, either directly or indirectly, or to an attorney; and ii solely for the purpose of reporting or investigating a suspected violation of law; or is made in a complaint or other document filed in a lawsuit or other proceeding, if such filing is made under seal.
An individual who files a lawsuit for retaliation by an employer for reporting a suspected violation of law may disclose the trade secret to the attorney of the individual and use the trade secret information in the court proceeding, if the individual i files any document containing the trade secret under seal; and ii does not disclose the trade secret, except pursuant to court order.
This Agreement may not be amended except in a writing signed by both Company and Employee. This right is to be in addition to the remedies otherwise available to Company. The Employee waives any other venue to which the Employee might be entitled by domicile or otherwise. The Company may assign this Agreement to any party at any time. Any assignment or transfer in violation of this section shall be void. The Employee is provided notice that an individual shall not be held criminally or civilly liable under any federal or state trade secret law for the disclosure of a trade secret that is made i in confidence to a federal, state, or local government official, either directly or indirectly, or to an attorney; and ii solely for the purpose of reporting or investigating a suspected violation of law; or is made in a complaint or other document filed in a lawsuit or other proceeding, if such filing is made under seal.
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