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Ask a Lawyer -- Contract Law
Contract Law Question 6
Question: I am starting to work out a letter of intent with the Departments of agriculture and interior. I have a considerable amount of proprietary information that if released could damage my business. I also do not want the government to take my ideas and use them for themselves. What can I do to protect myself?
Response: The standard mechanism for providing the type of protection you seek is a confidentiality agreement that should either be stand-alone or contained within the letter of intent. The confidentiality agreement would not only prevent the dissemination of your confidential information to 3rd parties but, also, the use of your confidential information by the government in the future should your contemplated contract not come to fruition.
As a practical matter, I'd really be surprised if a US government agency signed a confidentiality agreement that was this restrictive. But it never hurts to asks. In a commercial transaction of sizable dollars, it is best to get an attorney on board to represent you early.
Submitted: 11-8-2005; Roger, CO
Response: 11-8-2005; JJR
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