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SIGIA-L Mail Archives: RE: [Sigia-l] NDA Contract Clause

RE: [Sigia-l] NDA Contract Clause

From: Christopher Fahey [askrom] (
Date: Fri Sep 13 2002 - 15:18:21 EDT

Tal Herman wrote:
> This is an issue that should never arise in the context of a pure
> non-disclosure agreement. Non-disclosure agreements, or such
provisions as
> a sub-part of a larger service agreement, should be kept logically
> from all other contract provisions.
> Promotional use clauses in service agreements, however, are
> not unusual.

This has been my experience as well. I've never seen an NDA with a
promotional clause in it. I've only seen it in contracts. Although it
does bring up a question: if the NDA says you can't say anything and the
contract says you can, which wins?

> Promotional use clauses in service agreements, however, are
> not unusual.
> Sometimes, we've had to modify or give this up with
> particular clients.

When this occurs, we've tried (not always successfully) to have a clause
inserted into the contract that simply says that we must get written
permission from the client for each time we choose to use assets from
the project for promotional purposes. While the client is free to refuse
all requests even if you have this clause, inserting this clause makes
sure that the client knows that you will be asking later on, and gives
both parties a certain friendly understanding that the vendor (you) is
not being totally silenced.

In any event, getting such written permission usually resolves any
conflict between the NDA and the contract because the NDA should also
specify that a subsequent signed agreement can overrule the blackout


[christopher eli fahey]

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