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Shipbuilding : The Pre-Contract Phase
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The inception of a shipbuilding project is usually preceded by a buyer’s visit to a selected shipyard for discussion and to assess its capability. The itinerary during such a visit will normally include an opening meeting, followed by a yard tour, and commercial and technical discussions. Before the visit, it is common for shipbuilders to prepare a shipyard information memo. The buyer will usually provide the shipbuilder with a meeting agenda and draft a confidentiality agreement, also known as a non-disclosure agreement (NDA ) . The purpose of the NDA is to ensure that the shipbuilder maintains the secrecy of business and technical information supplied by the buyer for the purpose stated in the NDA. The elements of such NDA should comprise (a) the purpose of the agreement, (b) the definition of confidential information, (c) information excluded from confidential treatment, (d) the recipient’s obligations, (e) retention of title to information supplied, (f) the duration of...