Indemnity in an NDA: Difference between revisions

You may conclude, based on the above, than [[indemnity]] is not usually justified in a [[confidentiality agreement]]. This would be a sound conclusion., but it will not stop uppity counterparties insisting on them — fewer things are less well understood than indemnities.

It is hard enough to establish ''ordinary'' [[contractual damages]] for breach of a financial markets [[confidentiality agreement]] — there is a reason for that mealy mouthed acknowledgment that “damages may not be an adequate remedy and the {{confiprov|discloser}} may seek equitable relief” — and you may like to challenge your counterparty to give an example of the sort of [[loss]] she thinks should plausibly be covered by an [[indemnity]]. She’ll struggle.