Liberty, MO asked in Banking, Business Formation, Business Law and Contracts for Missouri

Q: I have discussed this issue prior to receiving the settlement offer. Am I unable to accept due to this clause?

Confidentiality. Customer hereby represents and warrants that Customer has not and will not disclose the financial terms of this Agreement to anyone other than, legal counsel and/or a financial advisor. However, Customer warrants if Customer discloses the terms of this Agreement to legal counsel, and/or a financial advisor Customer will advise such individuals that they are to maintain the confidentiality of the terms of this Agreement and secure their agreement to this restriction. In addition, Customer agrees to keep the terms of this Agreement confidential, except as required by law. The parties agree that this Agreement may be used as evidence in a possible lawsuit in which either party alleges the other party has broken promises made in this Agreement. If Customer has posted, broadcasted, or communicated any negative information regarding the Company and/or the Service on any medium (e.g., electronic, paper, etc.) for which Customer has the ability to remove those comments, Custom

1 Lawyer Answer
Ronald J. Eisenberg
Ronald J. Eisenberg
  • Business Law Lawyer
  • Chesterfield, MO
  • Licensed in Missouri

A: The agreement refers to keeping its terms confidential. I don't see how your discussing your situation with someone prior to receiving the agreement could be a breach of the agreement. The last sentence you wrote, however, ends with "Custom" so I don't know what is missing. If you have concerns with the language of the agreement, the time to negotiate the terms is prior to signing. Best wishes.

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