Indemnity in an NDA: Difference between revisions
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{{confianat|Indemnity}} | {{confianat|Indemnity}}{{Indemnitycapsule}} | ||
{{Indemnitycapsule}} | |||
===[[Indemnities]] in [[confidentiality agreement]]s=== | ===[[Indemnities]] in [[confidentiality agreement]]s=== | ||
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 | 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 counsel for [[Disclosing party|disclosing parties]] insisting on them — fewer things in the legal world are worse understood, by lawyers, 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]] {{sex|she}} thinks should plausibly be covered by an [[indemnity]]. She’ll struggle. | 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]] {{sex|she}} thinks should plausibly be covered by an [[indemnity]]. She’ll struggle. | ||
{{sa}} | {{sa}} | ||