Representations and warranties - NDA Provision

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NDA Anatomy™
JC’s guide to non-standard confidentiality agreements.
For the OneNDA, see the OneNDA Anatomy


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Representations and warranties in a confidentiality agreement

Assiduous attorneys will drivel in some of the usual boilerplate reps[1], to no obvious point, but for the most part confidentiality agreements are characterised by the representations the parties are not making to each other. Thus, this is another one for the “I never said it was” file, a clear disclaimer that when giving you this information, I never said it was accurate or good for anything. So you can’t sue me if you rely on it and lose money.

  1. You know: Status, capacity, no litigation etc