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Indemnity in an NDA: Difference between revisions
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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. | 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 | 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. | ||
{{sa}} | {{sa}} | ||