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NDA Settlement Agreement for Philippines

NDA Settlement Agreement Template for Philippines

A comprehensive legal document governed by Philippine law that combines elements of both a settlement agreement and a non-disclosure agreement. It serves to resolve existing disputes between parties while establishing strict confidentiality obligations regarding the settlement terms and any sensitive information exchanged. The document incorporates relevant provisions from the Civil Code of the Philippines, Data Privacy Act, and other applicable Philippine legislation to ensure enforceability and compliance with local legal requirements. It includes detailed terms for settlement execution, confidentiality obligations, enforcement mechanisms, and remedies available under Philippine law.

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What is a NDA Settlement Agreement?

The NDA Settlement Agreement is a specialized legal instrument used in the Philippines when parties need to resolve a dispute while maintaining strict confidentiality about both the settlement terms and any sensitive information exchanged during the dispute or settlement process. This document type is particularly valuable in situations involving employment disputes, commercial conflicts, or intellectual property matters where protecting confidential information is crucial alongside dispute resolution. The agreement must comply with Philippine legal requirements, including the Civil Code, Data Privacy Act, and relevant jurisprudence on settlements and confidentiality. It typically includes comprehensive provisions for settlement payments, releases, confidentiality obligations, enforcement mechanisms, and remedies available under Philippine law. This document is essential for businesses and individuals seeking to resolve disputes privately while protecting sensitive information from unauthorized disclosure.

What sections should be included in a NDA Settlement Agreement?

1. Parties: Identifies and defines all parties to the agreement, including their legal capacities and addresses

2. Background: Recitals explaining the context of the dispute and the parties' intention to settle and maintain confidentiality

3. Definitions: Defines key terms including 'Confidential Information', 'Dispute', 'Settlement Sum', and other relevant terms

4. Settlement Terms: Details of the settlement including payment terms, releases, and other settlement obligations

5. Confidentiality Obligations: Comprehensive provisions regarding the handling and protection of confidential information

6. Permitted Disclosures: Circumstances under which confidential information may be disclosed

7. Return or Destruction of Confidential Information: Requirements and procedures for returning or destroying confidential materials

8. Non-Admission of Liability: Statement that the settlement does not constitute admission of liability by any party

9. Representations and Warranties: Parties' assertions regarding their authority, understanding, and capacity to enter into the agreement

10. Term and Survival: Duration of confidentiality obligations and which provisions survive termination

11. Remedies: Legal remedies available in case of breach, including injunctive relief

12. General Provisions: Standard clauses including governing law, jurisdiction, entire agreement, and amendments

What sections are optional to include in a NDA Settlement Agreement?

1. Non-Disparagement: Mutual obligations not to make negative statements about other parties - included when reputation protection is important

2. Press Release/Public Statements: Guidelines for any public communications about the settlement - needed when public interest exists

3. Tax Provisions: Treatment of settlement payments for tax purposes - included when significant monetary settlement is involved

4. Future Cooperation: Terms for ongoing cooperation between parties - relevant when future interaction is necessary

5. Insurance and Indemnification: Additional protection provisions - included when significant risks exist

6. Alternative Dispute Resolution: Specific procedures for resolving future disputes - included when parties want to avoid court proceedings

7. Third Party Rights: Rights of related parties not directly signing the agreement - needed when third parties are affected

What schedules should be included in a NDA Settlement Agreement?

1. Schedule 1 - Settlement Payment Details: Detailed breakdown of settlement amounts and payment terms

2. Schedule 2 - Confidential Information: Specific listing or categories of information deemed confidential

3. Schedule 3 - Form of Release: Template of mutual release documents to be executed

4. Schedule 4 - Authorized Recipients: List of individuals authorized to receive confidential information

5. Appendix A - Destruction Certificate: Template certificate confirming destruction of confidential materials

6. Appendix B - Related Entities: List of affiliated entities bound by or benefiting from the agreement

Authors

Alex Denne

Head of Growth (Open Source Law) @ 抖阴视频 | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Jurisdiction

Philippines

Publisher

抖阴视频

Cost

Free to use
Relevant legal definitions












































Clauses






























Relevant Industries

Technology

Manufacturing

Financial Services

Healthcare

Professional Services

Retail

Telecommunications

Energy

Real Estate

Education

Construction

Entertainment

Pharmaceutical

Consulting

Relevant Teams

Legal

Human Resources

Compliance

Risk Management

Executive Management

Finance

Operations

Corporate Secretariat

Internal Audit

Information Security

Relevant Roles

Chief Executive Officer

Chief Legal Officer

General Counsel

Human Resources Director

Compliance Officer

Risk Management Officer

Chief Financial Officer

Chief Operating Officer

Legal Counsel

HR Manager

Corporate Secretary

Business Unit Director

Department Head

Senior Manager

Operations Manager

Industries







Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks, 聽Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination, 聽Severance Pay, Governing Law, Entire Agreemen

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