Common use of Access to and Use of Confidential Information Clause in Contracts

Access to and Use of Confidential Information. Employer agrees to provide Employee Confidential Information (as defined below). Employee acknowledges that during the course of his employment, he will have access to highly confidential information about Employer and its Affiliates' business, including but not limited to (a) information and records about customers, partners, business methods or practices, (b) finances, (c) accounting, (d) pricing or pricing strategies, (e) contracts, (f) vendors, (g) computer hardware, software, and operating systems, (h) business strategies and (i) training programs (collectively "Confidential Information"). Employee acknowledges that the Confidential Information is constantly revised and updated. Employee further acknowledges that he needs the Confidential Information to perform his job duties for Employer. Notwithstanding any provision of this Agreement to the contrary, Confidential Information does not include any information which: (x) at the time of disclosure to Employee or thereafter is in the public domain (other than as a result of a disclosure directly or indirectly by Employee), (y) was available to Employee on a non-confidential basis from a source other than Employer or its Affiliates, provided that such source was not bound by a duty of confidentiality to Employer or its Affiliates or (z) is independently acquired or developed by Employee without violating any of Employee's obligations hereunder.

Access to and Use of Confidential Information. Employer agrees to provide Employee Confidential Information (as defined below). Employee acknowledges that during the course of his employment, he will have access to highly confidential information about Employer and its Affiliates' ’ business, including but not limited to (ai) information and records about customers, partners, business methods or practices, (bii) finances, (ciii) accounting, (div) pricing or pricing strategies, (ev) contracts, (fvi) vendors, (gvii) computer hardware, software, and operating systems, (h) business strategies systems and (iviii) training programs (collectively "“Confidential Information"”). Employee acknowledges that the Confidential Information is constantly revised and updated. Employee further acknowledges that he needs the Confidential Information to perform his job duties for Employer. Notwithstanding any provision of this Agreement to the contrary, Confidential Information does not include any information which: (xi) at the time of disclosure to Employee or thereafter is in the public domain (other than as a result of a disclosure directly or indirectly by Employee), (yii) was available to Employee on a non-confidential basis from a source other than Employer or its Affiliates, provided that such source was not bound by a duty of confidentiality to Employer or its Affiliates or (ziii) is independently acquired or developed by Employee without violating any of Employee's ’s obligations hereunder.