Waiver of Consequential Damages

Waiver of Consequential Damage in Confidentiality Agreements

You may have noticed some non-disclosure agreements that include confidentiality provisions that limit or exclude liability for damages in certain circumstances.

This exclusion usually appears in the “limitation of liability” or “miscellaneous clauses” section. Other agreements where these waivers are common include data security and IT services contracts, as well as due diligence and acquisition agreements.

This exclusion or limitation language is typically worded as “neither party will be responsible to the other for indirect, special, or consequential losses.”

This waiver may have serious consequences for the party who discloses confidential information.

There are several types of damages available in breach of contract cases. Let’s start by identifying them.

Check out the rest by watching the video.

Waiver of Consequential Damages