Alternative Therapy
Clause
SOLUTIONS
Improvement
If NWP can show that there is a real need
for some of its Associated Companies or
for its lawyers, etc, to see the Confidential
Information, then those companies or
individuals, as appropriate, should be
named in the Agreement and should
be placed under express obligations of
confidentiality.
There are certain instances where
the confidentiality obligations will be
overridden and these are contained in
Clause 2.4.
Clause 2.4.4
This should be narrowed further by adding
'but only to the extent so required'. This
means that if following the legally
required disclosure, the information is still
confidential NWP cannot use it freely.
Clause 3
Once the Agreement has been terminated,
NWP should be under an obligation to
return any Confidential Information in
its possession, in whatever form and
including copies, to Emily. Alternatively,
Emily could ask for it to be destroyed.
The Agreement must also provide that the
confidentiality obligations will continue
after termination, otherwise the Agreement
is fairly worthless!
The length of such obligations will depend
on the circumstances. The Agreement
could state that the obligations will remain
in place until the information loses its
confidentiality. Alternatively, a timescale, for
example, 5 years could be imposed. Think
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