Read what your NDA says happens if someone breaches it
The remedies clause says what a party can seek if confidential information is misused. Many NDAs state that breach may cause harm that money cannot fully repair, which supports a request for an injunction, and some add indemnities or recovery of legal costs. Ask Search+ what remedies the NDA provides and read the cited text, along with the governing law and dispute terms it depends on.
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Last updated October 2026
How to review NDA remedies with Search+
- Upload the NDA
Add the full agreement, not an extract. Remedies often refer to governing law and jurisdiction clauses, so the answer needs the whole document in front of it.
- Ask about each remedy separately
Ask about injunctive relief, damages, indemnities and legal fees as separate questions. Each tends to sit in its own sentence and some NDAs include only one or two.
- Read the related clauses
Ask which law governs the NDA and where disputes are heard, and whether any liability cap applies. Open each citation and read them together.
Questions about NDA remedies
Does this NDA say a party may seek an injunction for a breach, and does it waive any requirement to post a bond?
Does the agreement limit or exclude damages for breach of confidentiality?
Can the winning party recover its legal fees under this NDA?
Does either party indemnify the other for losses caused by unauthorized disclosure?
Is the recipient responsible for breaches by its employees, advisers or other representatives?
What to look for in an NDA remedies clause
Wording that breach causes "irreparable harm" is common. It supports an application for an injunction, though a court decides whether to grant one.
Check whether the clause says its remedies are in addition to any others available, or whether it limits what can be claimed.
Many NDAs make the recipient liable for breaches by people it shared the information with. That widens the recipient's exposure.
How injunctions, damages and fee clauses work depends on the governing law. Read the clause with Search+, and take the question of its effect to a lawyer.
Each answer cites the remedies wording, so qualifiers such as "may seek" or "shall be entitled to" are in front of you rather than paraphrased.
Remedies wording and what to ask next
| Wording you may see | What it usually signals | A follow-up question |
|---|---|---|
| "irreparable harm" | Support for seeking an injunction | Does the NDA waive a bond requirement? |
| "specific performance" | A request to enforce the obligation itself | Is it available to both parties? |
| "in addition to any other remedies" | Remedies are cumulative | Is any remedy limited elsewhere in the NDA? |
| "reasonable attorneys' fees" | Fee recovery | Does the right apply to both sides or only one? |
| "responsible for any breach by its Representatives" | Liability for others | Who counts as a Representative? |
What are remedies in an NDA?
The remedies clause sets out what a party can seek if the other party breaches the NDA, such as an injunction to stop further disclosure, damages, indemnity for losses or recovery of legal costs.
Questions about remedies for NDA breach
Can Search+ find what my NDA says about injunctions?
Will it tell me whether legal fees can be recovered?
Does it connect remedies to the governing law clause?
Can I check remedies across a set of NDAs?
Will Search+ tell me what I could recover in a dispute?
Know what a breach would set in motion
Start a workspace, upload the NDA, and ask what remedies it provides.
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