Does your Nondisclosure Agreement (NDA) have a severability clause? It should. There is some case law out there that says without a severability clause, if there is a provision that is unenforceable, the entire agreement is invalid. My opinion is that this is not good law; however, why chance it? Put a severability clause in your NDA and all agreements for that matter.
Here is a sample severability clause.
If any portion of this Agreement is determined to be or becomes unenforceable or illegal, such portion shall be reformed to the minimum extent necessary in order for this Agreement to remain in effect in accordance with its terms as modified by such reformation.
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