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Typically, no. Consideration is already rendered and the confidentiality agreement would stand. NDA's are not typically used for a continual relationship regarding incremental payments. For instance, you are a high profile personality and you hire me as your consultant (not an attorney, so no attorney/client privilege here) on your divorce case. You have me sign an NDA to not go to the press regarding your divorce. If you fail to pay my consultant fees, it does not mean that I can now go to the press. When we first started the relationship, to create the NDA, the consideration was already rendered. Thus, the contract would stand in that form. I cannot go back and say because you did not pay me LATER, I can now reveal your secrets.

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