
Warranties: Right to Rely
NDA
Warranties: Right to Rely
In contrast to the warranty waivers and disclaimers discussed in the section entitled “Warranties and Disclaimers: AS-IS (no warranties)”, the following exemplars afford the receiving party a basic right to rely on the disclosed information to a certain extent and/or for certain purposes.
In the following exemplar, the receiving party has the right to rely on any representations of the disclosing party regarding the lawfulness of the information disclosed:
Exemplar N27B-1
A Receiving Party shall have the right to rely on any representation from the Disclosing Party that disclosed information is lawfully possessed by and lawfully disclosed by the Disclosing Party, unless the Receiving Party has actual contrary knowledge.
And in the following exemplar, in addition to the right of the receiving party to rely on information disclosed, the disclosing party is required to warrant accuracy and completeness of such information:
Exemplar N27B-2
The Parties agree and acknowledge that the Company may rely on the Confidential Information disclosed by the Contractor to decide whether the Contractor may be suitable to provide goods and/or services. The Contractor hereby warrants that it shall, in good faith, provide accurate and complete Confidential Information upon which the Company may rely for this purpose.