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How To Negotiate And Structure NDAs

M&A Science

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How to Negotiate a Proprietary Deal

The most controversial aspect of the document, in my experience, is so called bivitual memory clause. The deeper you go in the gugilatis process, more of that stuff is disclosed. A year from now, when you will be discussing price, how you are thinking about realizing sinages and cross sailed up celopportunities. And if all those things actually start to matter a cind of cases, have a low likelihood of being tested for anamdas. But they do need to be discussed at front - whether it's mutual or one way.

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