When using a Non-Disclosure Agreement to safeguard the confidentiality of valuable business information, the situation may sometimes arise where it is
necessary or desirable to lift the obligations of confidentiality with respect to certain information. In some cases, this may occur because the disclosing
party expressly wishes it; in other cases, the information in question may have entered into the public domain (through no fault of either party to the
NDA, of course).
This NDA Amendment Agreement is designed for use in such circumstances. It acts as a supplemental agreement to the main NDA, amending and adding certain
provisions to it. The “Non-Confidential Information” should be carefully defined so as to differentiate it from the remaining confidential information.
The receiving party under the NDA is freed of the obligations of confidentiality with respect to the information set out in the amended agreement. This
does not, however, waive any breaches of the obligations pertaining to that information that took place before it was made non-confidential. In addition,
making certain information non-confidential does not mean that the disclosing party necessarily waives any other proprietary rights in it, nor does it
relieve the receiving party of any data protection obligations where the information incorporates personal data. Options are included in this template to
cater for such situations.
Designed for use with either the Single Party or Two Party NDAs (BS.NDA.01 and BS.NDA.02 respectively), this NDA Amendment Agreement contains a number of
options to tailor its context. The various options should be read with great care to ensure that the correct combination is chosen.
It is also important to note that this agreement is designed to be executed as a deed. For more information please refer to: Guidance Note: Formalities for Signing Contracts.
This NDA Amendment Agreement contains the following clauses:
1. Status of This Agreement
2. Amendments to the Main Agreement
3. Law and Jurisdiction
This NDA Amendment Agreement is in open format. Either enter the requisite details in the highlighted fields or adjust the wording to suit
Once you have purchased access to the appropriate document folder click on the “Download Document” link below. You will be asked what you want to do with
the file. It is recommended that you save the document to a location of your choice prior to viewing.