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Perpetual NDA
"I need a Perpetual NDA under Swiss law for a technology partnership between my software company and a research institution, with special emphasis on protecting AI algorithms and research data, and including provisions for remote collaboration."
1. Parties: Identification of the disclosing and receiving parties, including full legal names, addresses, and registration details as required under Swiss law
2. Background: Context of the agreement, relationship between the parties, and purpose of sharing confidential information
3. Definitions: Detailed definitions including 'Confidential Information', 'Representatives', 'Permitted Purpose', and other key terms
4. Scope of Confidential Information: Detailed description of what constitutes confidential information under the agreement
5. Confidentiality Obligations: Core obligations regarding non-disclosure, non-use, and protection of confidential information
6. Permitted Disclosures: Circumstances under which confidential information may be disclosed, including to representatives and as required by law
7. Security Measures: Required measures for protecting confidential information, including physical, electronic, and procedural safeguards
8. Return or Destruction: Obligations regarding the return or destruction of confidential information upon request
9. Duration and Survival: Explicit statement of the perpetual nature of obligations and which provisions survive
10. Remedies: Available remedies in case of breach, including injunctive relief and damages under Swiss law
11. General Provisions: Standard provisions including governing law, jurisdiction, amendments, and notices
1. Data Protection Compliance: Specific provisions addressing compliance with Swiss Federal Act on Data Protection when confidential information includes personal data
2. Employee and Representative Obligations: Additional provisions specifically addressing obligations of employees and representatives, particularly relevant when parties are organizations
3. Trade Secrets: Special provisions for information qualifying as trade secrets under Swiss law, providing additional protections
4. Intellectual Property Rights: Clarification of IP ownership and rights when confidential information includes IP-sensitive material
5. Competition Law Compliance: Provisions ensuring compliance with Swiss competition law when confidentiality obligations might affect market competition
6. Force Majeure: Provisions addressing circumstances where confidentiality might be compromised due to events beyond parties' control
7. Insurance Requirements: Obligations to maintain specific insurance coverage for potential breaches
1. Schedule 1 - Specified Confidential Information: Detailed list or categories of information deemed confidential under the agreement
2. Schedule 2 - Authorized Representatives: List of individuals or roles authorized to receive and handle confidential information
3. Schedule 3 - Security Protocols: Specific security measures and protocols required for handling confidential information
4. Schedule 4 - Notice Details: Contact details and procedures for serving notices under the agreement
Authors
Technology
Pharmaceutical
Banking & Financial Services
Manufacturing
Research & Development
Professional Services
Healthcare
Biotechnology
Industrial Engineering
Consumer Goods
Energy
Telecommunications
Chemical Industry
Software Development
Consulting Services
Legal
Compliance
Executive Leadership
Research and Development
Information Technology
Human Resources
Business Development
Innovation
Information Security
Corporate Strategy
Procurement
Product Development
Partnership Management
Intellectual Property
Chief Executive Officer
Chief Legal Officer
General Counsel
Legal Counsel
Compliance Officer
Chief Technology Officer
Research Director
Business Development Manager
Project Manager
Chief Financial Officer
HR Director
Intellectual Property Manager
Innovation Manager
Product Development Manager
Strategic Partnership Director
Information Security Officer
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