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Pramod (Legal Executive)     01 July 2009

Confidentiality clause of MSA can be enforceable in the abse


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


 4 Replies

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

Master service Agreement and Non-Disclosure Agreement

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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