Legal Trade Secret Affidavit

LEGAL TRADE SECRET AFFIDAVIT

Affiant Name:   Affiant Title:

Claimant/Company Name:   Jurisdiction:

Recitals

WHEREAS, Affiant is a person authorized to make this affidavit on behalf of Claimant/Company identified above and has personal knowledge of the facts herein; and

WHEREAS, Claimant/Company possesses certain proprietary information, technical data and other materials that derive independent economic value from not being generally known to the public and that Claimant/Company has taken reasonable measures under the circumstances to maintain their secrecy; and

WHEREAS, Affiant submits this sworn statement to identify and assert the trade secret status of specific materials and to establish the basis for confidentiality, protective orders, injunctive relief, or other remedies as may be appropriate under applicable law;

NOW THEREFORE

Affiant affirms under oath and subject to penalty of perjury the following factual statements and legal representations.

1. Definitions

For purposes of this Affidavit, "Trade Secret" means information, including a formula, pattern, compilation, program, device, method, technique, or process, that: (a) derives independent actual or potential commercial value from not being generally known to, and not being readily ascertainable by proper means by, other persons who can obtain economic value from its disclosure or use; and (b) is the subject of efforts that are reasonable under the circumstances to maintain its secrecy.

2. Identification of Trade Secret Materials

Check categories that apply: Technical data, designs, specifications Financial information, pricing, cost data Customer lists, contacts, procurement data Business plans, strategies, models

3. Measures to Protect Secrecy

Affiant represents that Claimant/Company has implemented reasonable measures to protect the secrecy of the materials, including but not limited to:

• Employee and contractor confidentiality agreements and limited access policies;
• Physical access controls, labeling of confidential materials and secure storage;
• Information technology controls such as restricted electronic access and encryption where appropriate.

4. Affiant's Representations and Warranty

Affiant affirms and warrants that: (a) Affiant is authorized to make this affidavit on behalf of Claimant/Company; (b) the materials identified above constitute Trade Secrets as defined herein and under applicable law of the jurisdiction identified above; (c) such materials are not generally known or readily ascertainable by proper means by persons who can obtain economic value from the disclosure or use of such materials; and (d) Claimant/Company has used reasonable efforts to maintain their secrecy. Affiant further declares that, to the best of Affiant's knowledge, no material fact that would materially alter the trade secret status of the identified materials has been omitted.

5. Use, Disclosure and Remedies

Affiant acknowledges that unauthorized disclosure or misuse of the identified Trade Secrets may cause irreparable harm to Claimant/Company and that Claimant/Company is entitled to seek injunctive relief, damages, and any other remedies available at law or in equity in the event of misappropriation or breach. Affiant further states that any disclosure to third parties is limited to those who have a legitimate need to know and are bound by confidentiality obligations at least as protective as those described herein.

6. Notices

7. Governing Law; Miscellaneous

This Affidavit shall be governed by and construed in accordance with the laws of the jurisdiction identified in the header. The parties agree that exclusive venue for disputes arising under this Affidavit shall lie in the courts within that jurisdiction to the extent permitted by law.

Entire Agreement: This Affidavit contains the entire understanding of the parties with respect to the subject matter hereof and supersedes any prior statements, agreements or representations, whether written or oral, concerning the subject matter.

Severability: If any provision of this Affidavit is held invalid or unenforceable, the remaining provisions will continue in full force and effect.

Amendments and Waiver: No amendment to this Affidavit will be effective unless in writing and signed by both parties. No waiver of any breach will be effective unless in writing and signed by the non-breaching party.

8. Entity Type (Affiant)

Entity type (check one): Individual Corporation Partnership Other

9. Jurat

Subscribed and sworn to before me this day of , by Affiant: who is personally known to me or who has produced as identification.

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