Non Disclosure Agreement Settlement Template for Germany

The Non-Disclosure Agreement Settlement is a specialized legal document used when parties need to resolve disputes or breaches of an existing confidentiality agreement while establishing terms for ongoing obligations. It becomes necessary when there has been an alleged or actual breach of confidentiality, unauthorized disclosure, or dispute regarding the handling of confidential information under German law. This document type combines settlement provisions under the German Civil Code with continued confidentiality requirements under the German Trade Secrets Act. It typically includes settlement amounts, releases from liability, acknowledgment of breaches, and detailed procedures for handling confidential information in the future. The agreement is particularly crucial in situations involving valuable trade secrets, proprietary information, or sensitive business data where parties wish to maintain business relationships despite past issues.

1. Parties: Identification of all parties to the settlement agreement, including full legal names and addresses

2. Background (Recitals): Description of the original NDA, the dispute or breach that occurred, and the parties' intention to settle

3. Definitions: Key terms used in the agreement, including 'Confidential Information', 'Settlement Date', 'Original NDA', and 'Settlement Payment'

4. Settlement Terms: Core settlement provisions including payment amounts, release of claims, and timing

5. Acknowledgment of Breach: Statement of admitted breaches or disputed claims being settled

6. Continuing Confidentiality Obligations: Specification of ongoing obligations regarding confidential information

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

8. Release and Waiver: Mutual releases from claims related to the settled dispute

9. Non-Admission of Liability: Statement that settlement does not constitute admission of wrongdoing

10. Representations and Warranties: Parties' confirmations regarding authority, ownership of information, and compliance

11. Governing Law and Jurisdiction: Specification of German law application and jurisdiction for disputes

12. Entire Agreement: Integration clause confirming this document represents complete settlement agreement

13. Execution: Signature blocks and execution requirements