NDA CLAUSES

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+

  1. 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.

  2. 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.

  3. 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

Injunctions

Does this NDA say a party may seek an injunction for a breach, and does it waive any requirement to post a bond?

Damages

Does the agreement limit or exclude damages for breach of confidentiality?

Legal costs

Can the winning party recover its legal fees under this NDA?

Indemnity

Does either party indemnify the other for losses caused by unauthorized disclosure?

Representatives

Is the recipient responsible for breaches by its employees, advisers or other representatives?

What to look for in an NDA remedies clause

Equitable relief language

Wording that breach causes "irreparable harm" is common. It supports an application for an injunction, though a court decides whether to grant one.

Remedies are cumulative or exclusive

Check whether the clause says its remedies are in addition to any others available, or whether it limits what can be claimed.

Responsibility for representatives

Many NDAs make the recipient liable for breaches by people it shared the information with. That widens the recipient's exposure.

Rules vary by jurisdiction

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.

Cited, not summarized away

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 seeWhat it usually signalsA follow-up question
"irreparable harm"Support for seeking an injunctionDoes the NDA waive a bond requirement?
"specific performance"A request to enforce the obligation itselfIs it available to both parties?
"in addition to any other remedies"Remedies are cumulativeIs any remedy limited elsewhere in the NDA?
"reasonable attorneys' fees"Fee recoveryDoes the right apply to both sides or only one?
"responsible for any breach by its Representatives"Liability for othersWho 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.

A dispute resolution clause decides where and how claims are heard, such as in court or arbitration. Remedies decide what can be claimed.

Questions about remedies for NDA breach

Can Search+ find what my NDA says about injunctions?
Yes. Ask whether the NDA allows a party to seek an injunction and the answer cites the relevant wording, including any statement about irreparable harm.
Will it tell me whether legal fees can be recovered?
Ask that question directly. If the NDA has a fee provision, the answer quotes and cites it, including whether it applies to both sides.
Does it connect remedies to the governing law clause?
Ask about both in one workspace. Search+ cites each clause it uses, so you can read the remedies alongside the governing law and forum terms.
Can I check remedies across a set of NDAs?
Yes. Upload them together and ask which NDAs include a fee-shifting clause. Every NDA the answer relies on is cited.
Will Search+ tell me what I could recover in a dispute?
No. That is a legal question that depends on the facts and the law. Search+ helps you find and read the clause; it does not give legal advice.

Know what a breach would set in motion

Start a workspace, upload the NDA, and ask what remedies it provides.

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