Pramod (Legal Executive) 01 July 2009
Hi
We have MSA executed with one of our vendor however, we do not have separate NDA executed for that project. Now we would like to continue our relationship with our for a new project.
Also, in case breach of confidentiality in the absence of NDA, MSA confidentiality clause can be enforceable? Can share details for new project on the base of confidentiality clause of MSA
Ravikiran K (Advocate) 10 July 2009
definitely, no need to have a separate NDA if the confidentiality is effectively covered in the MSA. but make sure the provision in the MSA is comprehensive
abhijit (legal ) 23 August 2009
i am sorry. But could you tell the long form of MSA and NDA ?
Ginni Sharma (Corporate Legal ) 11 November 2009
Theja (Lawyer) 12 November 2009
If the confidentiality provision under the MSA is defined and the liability in the event of breach is provided proeprly then yes mere confidential prov under MSA is sufficient. Is the confidential obligation a survival one? Also, make sure that Confidential Information and its scope is defined properly.
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