Why mutual
In a capacity deal both sides share things they would rather keep quiet. Buyers share growth plans and requirements; operators share site locations, designs and prices. A mutual NDA protects both directions with one document, instead of two one-way agreements.
What counts as confidential
Good NDAs define confidential information broadly: anything marked confidential, and anything a reasonable person would understand to be. For capacity deals, that typically includes site locations and technical designs, prices and terms, customer and supplier details, and the fact that the parties are talking at all.
Who may see it
Each side usually needs to share information internally and with advisers: employees, lawyers, technical consultants and financiers who need it for the deal. The NDA should allow that, as long as those people are bound by similar duties.
The usual exceptions
Information that is already public, already known to the recipient, received from someone else without restriction, or developed independently is normally excluded. So is disclosure required by law or a regulator, usually after telling the other side.
How long it lasts, and what happens after
Set how long the obligations last after the last disclosure; one to three years is common for commercial details. Agree that information is returned or destroyed on request, apart from copies that must be kept by law or in routine backups.
What an NDA doesn't do
An NDA doesn't oblige either side to do a deal, and it doesn't grant rights to the information beyond evaluating the opportunity. Commercial terms belong in a letter of intent and then the contract.
Using AICapacity's template
AICapacity provides a mutual NDA template that covers the points above, for parties introduced through the platform. AICapacity is not a party to it. It is a starting point, not legal advice: have it reviewed by your own counsel before you sign.