The Non-Disclosure Agreement For Subcontractor is essential when engaging third-party service providers or contractors who need access to sensitive business information to perform their duties. This document is specifically tailored for use in Pakistan, ensuring compliance with local laws including the Contract Act 1872 and relevant data protection regulations. It's particularly crucial when the main contractor needs to share proprietary information, trade secrets, technical specifications, or other confidential data with subcontractors while maintaining control over the information's use and dissemination. The agreement establishes clear obligations for information handling, security protocols, and consequences of breach, while considering Pakistani legal requirements for enforcement and remedies. This template is designed to protect the main contractor's interests while facilitating necessary business operations with subcontractors.
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1. Parties: Identification of the main contractor and subcontractor, including full legal names, registration numbers, and registered addresses
2. Background: Context of the relationship between parties and purpose of the NDA in relation to the subcontracting arrangement
3. Definitions: Detailed definitions of key terms including 'Confidential Information', 'Trade Secrets', 'Permitted Purpose', 'Representatives', and 'Subcontracted Services'
4. Scope of Confidential Information: Detailed description of what constitutes confidential information under the agreement
5. Obligations of Confidentiality: Core confidentiality obligations, including protection, non-disclosure, and permitted uses of confidential information
6. Permitted Disclosures: Circumstances under which confidential information may be disclosed, including to employees and professional advisors
7. Security Measures: Specific measures required to protect confidential information
8. Return or Destruction of Confidential Information: Obligations regarding the handling of confidential information upon termination or request
9. Duration and Survival: Term of the agreement and which obligations survive termination
10. Breach and Remedies: Consequences of breach and available remedies including injunctive relief
11. Governing Law and Jurisdiction: Specification of Pakistani law as governing law and jurisdiction for disputes
1. Intellectual Property Rights: Additional provisions specifically protecting IP rights, recommended when confidential information includes proprietary technology or trade secrets
2. Data Protection Compliance: Specific provisions for handling personal data, necessary when confidential information includes personal information
3. Non-Competition: Restrictions on competitive activities, recommended for subcontractors who may gain significant competitive advantage from confidential information
4. Non-Solicitation: Restrictions on soliciting employees or clients, useful when subcontractor will have access to sensitive client or employee information
5. Assignment and Succession: Rules about transferability of obligations, important for large corporate subcontractors
6. Force Majeure: Provisions for unforeseen circumstances, recommended for long-term NDAs
7. Insurance Requirements: Obligations to maintain specific insurance coverage, relevant for high-risk confidential information
1. Schedule 1 - Description of Subcontracted Services: Detailed description of the services being subcontracted, providing context for the confidentiality obligations
2. Schedule 2 - Specific Categories of Confidential Information: Detailed list of types of confidential information covered by the agreement
3. Schedule 3 - Authorized Representatives: List of individuals authorized to receive and handle confidential information
4. Schedule 4 - Security Protocols: Detailed security measures and protocols to be followed
5. Appendix A - Acknowledgment Form: Form to be signed by employees of subcontractor who will have access to confidential information
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