(4) When the matrimonial home is sold, the proceeds will be applied as follows and in the following order: (i) to real estate commission, legal fees relating to the sale and any other expenses of the sale; (ii) to the charges, encumbrances and liens incurred prior to the date of this agreement or jointly by the husband and wife afterwards; and (iii) to payment of the balance as follows: (a) to the wife_____ per cent; (b) to the husband_____ per cent. (5) If the parties cannot agree on the terms of sale, either may apply to the court under the appropriate statute to have the issue determined. Use of non-disclosure agreements are on the rise in India and is governed by the Indian Contract Act 1872. Use of an NDA is crucial in many circumstances, such as to tie in employees who are developing patentable technology if the employer intends to apply for a patent. Non-disclosure agreements have become very important in light of India's burgeoning outsourcing industry. In India, an NDA must be stamped to be a valid enforceable document. Confidentiality agreements may be used in many other cases, as well. If you are catering a celebrity event, for example, you might need a non-disclosure agreement stating that employees may not take or share photos or audio. Furthermore, one should not be hesitant to sign an NDA if asked to do so, especially if the protection of sensitive information is at stake. (iv) if the husband, as transferee of property, becomes liable under the Income Tax Act, including liability for income tax of the wife arising under Section 160 of the Income Tax Act, or any property acquired as provided in this agreement becomes charged for payment of any income taxes for which the wife was or is liable to pay under the Income Tax Act or any similar federal or provincial statute for Year of Transfer or any prior year, then the wife agrees to indemnify the husband and save him harmless with respect to such income tax liability which may be imposed upon him; provided that the wife will not be liable to indemnify the husband for any income tax liability of the husband arising under Section 160 that has arisen on account of income or taxable capital gains of the husband attributed to the wife by virtue of subsections 74.1(1) or 74.2 of the Income Tax Act for the period after execution of this agreement. (3) The husband and wife each agree to execute and file, pursuant to subsection 74.5(3) of the Income Tax Act, with their tax returns for the year this agreement is executed, a joint election (in a form suitable for filing, as set out in Schedule “B” to this agreement) not to have the taxable capital gain attribution provisions of the Income Tax Act apply to dispositions of property by the husband and wife from and after the execution of this separation agreement.