Common use of Excluded Developments Clause in Contracts

Excluded Developments. This Section 7 shall not apply to Developments the Employee created while employed by the Company about which Employee can prove that: (i) it was developed entirely on Employee’ s own time and effort; (ii) no equipment, supplies, facilities, intellectual property, including trademarks, patents, copyrights and/or trade secrets or confidential and/or proprietary information of the Company and/or its officers, managers, employees, suppliers, customers or partners was used in its development or was incorporated therein; (iii) it does not relate to or arise out of the Company’s actual and/or anticipated business activities; and (iv) it does not result from any work performed by Employee for the Company within the scope of his employment or any other relationship with the Company.