The NDA Settlement Agreement is a specialized legal document used in Indonesian business contexts when parties need to resolve a dispute while maintaining confidentiality of sensitive information exchanged during the dispute or settlement process. This document type is particularly relevant when businesses or individuals have had a falling out but need to protect trade secrets, proprietary information, or sensitive business details while reaching a settlement. The agreement must comply with Indonesian legal requirements, including the Civil Code (KUHPerdata), Trade Secrets Law, and relevant commercial regulations. It typically includes detailed provisions about the settlement terms, confidentiality obligations, enforcement mechanisms, and dispute resolution procedures specific to the Indonesian legal context.
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1. Parties: Identification of all parties to the agreement, including their legal names, addresses, and company registration details if applicable
2. Background: Recitals explaining the context of the dispute or circumstances leading to the settlement and NDA
3. Definitions: Definitions of key terms used throughout the agreement, including 'Confidential Information', 'Settlement', 'Effective Date', etc.
4. Settlement Terms: Details of the settlement arrangement, including any payments, actions, or obligations required by either party
5. Confidentiality Obligations: Core confidentiality provisions, including scope of confidential information and duties of protection
6. Permitted Disclosures: Circumstances under which confidential information may be disclosed, including legal requirements and authorized recipients
7. Return or Destruction of Confidential Information: Requirements and procedures for returning or destroying confidential information
8. Non-Admission of Liability: Statement that the settlement does not constitute admission of liability by either party
9. Release and Waiver: Mutual release of claims related to the settled dispute
10. Term and Survival: Duration of the agreement and which provisions survive termination
11. Governing Law and Jurisdiction: Specification of Indonesian law as governing law and jurisdiction for disputes
12. Execution: Signature blocks and execution requirements
1. Non-Disparagement: Include when parties wish to prevent public negative statements about each other
2. Cooperation in Legal Proceedings: Include when ongoing legal proceedings require party cooperation
3. Insurance and Indemnification: Include when specific indemnities are part of the settlement
4. Public Announcements: Include when parties need to coordinate public communications about the settlement
5. Third Party Rights: Include when settlement affects rights of third parties
6. Security Measures: Include when specific security protocols for handling confidential information are required
7. Severability: Include when parties want to ensure partial invalidity doesn't affect entire agreement
1. Schedule 1 - Settlement Payment Terms: Detailed breakdown of any settlement payments, including amounts, dates, and payment methods
2. Schedule 2 - Confidential Information: Specific list or categories of confidential information covered by the agreement
3. Schedule 3 - Authorized Recipients: List of individuals or entities authorized to receive confidential information
4. Schedule 4 - Form of Release: Template for any required release documentation
5. Schedule 5 - Security Protocols: Detailed security measures for handling confidential information
6. Appendix A - Related Agreements: List of any related agreements affected by or referenced in the settlement
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Relevant Teams
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Compliance
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Executive Leadership
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