Candidate NDA - UK Law Requirements
Candidate NDA - UK Law Requirements
Candidate NDA - UK Law Requirements
This Non-Disclosure Agreement (the “Agreement”) is entered into on ______ __, 201_, between Korn Ferry (“KF”) and
__________________________ (“Candidate”), with reference to the following:
A. At the Candidate’s request, he/she is being considered for employment in positions (the “Positions”) with one or more clients of
KF (“Clients”) and in that regard has agreed to be evaluated for those Positions.
B. Candidate will acquire sensitive and confidential information about the Positions and the Clients in connection with being
evaluated for the Positions.
C. Candidate acknowledges that KF and the Clients would not evaluate the Candidate for the Positions or furnish such sensitive
and confidential information to the Candidate unless the Candidate agreed to keep such information confidential as set forth
herein.
Now, Therefore, in consideration of the mutual covenants and conditions set forth herein, Candidate hereby agrees as follows:
1. Confidential Information. For purposes of this Agreement, the term “Confidential Information” includes any and all of the following
information relating to the Clients and the Positions, furnished to the Candidate, whether in writing, verbally or electronically, and
whether before, on or after the date of this Agreement: (a) all financial, technical, commercial, employment and marketing
information about the Clients and/or their businesses; (b) all information relating to the plans, prospects and projections for the
Clients and/or their businesses; (c) the identity of KF and/or the Clients and the fact that (i) such Positions are available, (ii) searches
are being conducted with respect to those Positions, (iii) the Candidate was evaluated, interviewed or considered for the Positions,
(iv) the Candidate met with KF and/or the Clients for any purpose whatsoever, and (v) that Clients were searching for prospective
candidates for any position whatsoever; and (d) any and all other confidential and proprietary information, and information not readily
available to the public, concerning the Clients and the Positions.
2. Non-Disclosure; No Contact. Candidate agrees that, for a period of three (3) years from the date of Candidate’s initial contact
(either in person or by email or telephone) with KF and/or one or more of the Clients, and regardless of whether Candidate is hired by
one of the Clients, Candidate shall not disclose or make available, directly or indirectly, any of the Confidential Information to any
person, firm or entity, or confirm the accuracy or completeness of any of the Confidential Information to or for any person, firm or
entity. In addition, Candidate also agrees not to contact, directly or indirectly, the incumbents with respect to any Positions or any
other employees of the Clients, without the prior written consent of the applicable Client. Without limiting the foregoing, the
Candidate agrees not to utilize social media to investigate the incumbents of any Positions or any other employees of the Clients.
3. Enforcement; Client’s Right to Enforce. Candidate acknowledges the importance of the desire of KF and the Clients to keep their
identity and the fact that a search is being conducted with respect to the Positions strictly confidential. Candidate further
acknowledges that any disclosure of the Confidential Information shall cause irreparable harm to KF and the Clients, which entitles
KF and/or the Clients to seek, among other remedies, equitable remedies, including injunctive relief in case of a breach or to prevent
a breach by Candidate of this Agreement. Each of the Clients shall be deemed to be a third party beneficiary of this Agreement and
shall be entitled to enforce this Agreement, or exercise any and all other remedies for breach of this Agreement by the Candidate.
4. General Provisions. The invalidity, illegality or unenforceability of any phrase or provision of this Agreement shall in no way affect
the validity, legality or enforceability of any other portion of this Agreement, and such terms shall be deemed modified, restricted or
omitted to the minimum extent necessary to make the Agreement valid and enforceable. This Agreement shall be binding on and
inure to the benefit of the parties hereto and their successors and assigns. A waiver of a breach under this Agreement shall not be a
waiver of any subsequent breach of the same or any other term of this Agreement. Failure of a party to enforce compliance with any
term or condition of this Agreement shall not constitute a waiver of such term or condition or any other term or condition. No variation
of this agreement shall be effective unless it is in writing and signed by the parties (or their authorised representatives). A reference
to writing or written includes faxes but not e-mail. This Agreement shall be governed by and construed in accordance with English
law, excluding any choice of law provisions and without effect to principles of conflicts of law, regardless of the place of making or
performance. However, either party may enforce the other party's obligation of confidence in the courts of any jurisdiction having
competence to issue an injunction directly enforceable against such party.
This agreement has been entered into on the date stated at the beginning of it.
Candidate Name
______________________________
Candidate Signature
Date