4.1.2 Nondisclosure Agreement.pdf

NONDISCLOSURE AGREEMENT

This Nondisclosure Agreement (the “Agreement”) is entered into as of ____/_____/________ by and between the Nevada Department of Wildlife (the “Disclosing Party”) and _________________________________________ (the “Receiving Party”).

1. Purpose

The Receiving Party will be participating in Nevada Department of Wildlife activities (the “Activity”). During this Activity, the Receiving Party may observe or obtain sensitive information regarding wildlife (the “Confidential Information”). The purpose of this Agreement is to ensure that the Receiving Party agrees not to disclose any Confidential Information to any third party. This agreement recognizes that it is Nevada public policy to protect information that may be sought by or available to the public as it relates to departmental activities that reveal information adverse to wildlife, as codified in NRS 503.010, as well as multiple statutes and regulations in NRS 501-503 and NAC 501-503.

2. Definition of Confidential Information

For purposes of this Agreement, "Confidential Information" includes all non-public information disclosed to the Receiving Party during the course of the Activity, including but not limited to:

A. The identity and location of game mammals, game birds, game fish, or sensitive wildlife;

B. Age class, trophy score information, photographs, video, or other media;

C. Movement(s) of wildlife;

D. Details of wildlife populations and their habitats;

E. Observations regarding wildlife behavior; and

F. Any other information the Disclosing Party identifies as confidential during the activity.

3. Obligations of Receiving Party

The Receiving Party agrees to:

A. Maintain the confidentiality of the Confidential Information;

B. Not disclose the Confidential Information to any third party without the prior written consent of the Disclosing Party;

C. Not use the Confidential Information for private, commercial, or any purpose other than participating in the Activity;

D. Take all necessary precautions to protect the Confidential Information from unauthorized disclosure.

4. Exclusions from Confidential Information

Confidential Information does not include information that:

A. Is or becomes publicly known through no wrongful act of the Receiving Party;

B. Is received from a third party without breach of any obligation of confidentiality; or

C. Is independently developed by the Receiving Party without use of or reference to the Disclosing

Party’s Confidential Information, including using knowledge gained through participation in the Activity.

5. Term

This Agreement and the obligations of confidentiality shall remain in effect for a period of one year from the date of the Activity, unless otherwise terminated in writing by the Disclosing Party.

6. Return of Materials

Upon request by the Disclosing Party, the Receiving Party shall return or destroy all materials containing Confidential Information.

7. Governing Law

This Agreement shall be governed by and construed in accordance with the laws of the State of Nevada specified in Nevada Revised Statutes 503.010 and 501.344; however, by signing this agreement, the Receiver waives the right to disclose information within 24 hours after any aerial surveys are completed and agrees to the term specified in Section 5 above.

8. Remedies

The Receiving Party acknowledges that any breach of this Agreement may cause irreparable harm to the Disclosing Party, for which damages would be an inadequate remedy, and therefore the Disclosing Party shall be entitled to seek injunctive relief in addition to any other remedies available at law or in equity.

9. Entire Agreement

This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior agreements and understandings, whether written or oral.

10. Amendments

This Agreement may not be amended or modified except by a written agreement signed by both parties.

IN WITNESS WHEREOF, the parties hereto have executed this Nondisclosure Agreement as of the day and year first above written.

Disclosing Party: Receiving Party:

Nevada Department of Wildlife Name: _______________________________

Name: _______________________________

Title: ________________________________

By signing this Agreement, the Receiving Party acknowledges that they have read, understood, and agree to be bound by its terms and conditions.