Common use of Mutual Confidentiality Clause in Contracts

Mutual Confidentiality. You acknowledge and agree that neither You nor anyone acting on Your behalf has made or will make any disclosures concerning the existence or terms of this Agreement to any person or entity, including, but not limited to, any representative of the media, Internet web page, social networking site, “blog” or “chat room,” judicial or administrative agency or body, business entity or association, except: (a) Your spouse; (b) Your attorneys, accountants or financial advisors; or (c) any court or government agency pursuant to an official request by such government agency, court order or legally enforceable subpoena. If You are contacted, served or learn that You will be served with a subpoena to compel Your testimony or the production of documents concerning this Agreement or Your employment with the Company, You agree to immediately notify [▇▇▇▇ ▇. (▇▇▇▇▇▇▇) ▇▇▇, Chief Executive Officer], by telephone. If You disclose the existence or terms of this Agreement pursuant to sub-clauses (a) or (b) of this paragraph, You shall inform such person or entity (i) of this confidentiality provision, and (ii) to maintain the same level of confidentiality required by this provision. Any breach of this provision by such person or entity shall be considered a breach by You. You may not use this Agreement as evidence, except in a proceeding in which a breach of this Agreement is alleged. The Company shall instruct the Board or other Company executive not to make any disclosures concerning the existence or terms of this Agreement to any person or entity, including, but not limited to, any representative of the media, Internet web page, social networking site, “blog” or “chat room,” judicial or administrative agency or body, business entity or association, except: (a) the Company’s attorneys, accountants or financial advisors; (b) any employee of the Company as required to implement this Agreement; or (c) any court or government agency pursuant to an official request by such government agency, court order or legally enforceable subpoena. 1 For purposes of Sections 3, 4, 5, and 6 of this Agreement, the term “Company” includes the Company, the Company’s current and former parents, subsidiaries, affiliates, and all related companies, as well as their respective officers, directors, shareholders, employees, agents, and any other representatives, any employee benefits plan of the Company, and any fiduciary of those plans.

Mutual Confidentiality. You acknowledge and agree that neither You nor anyone acting on Your behalf has made or will make any disclosures concerning the existence or terms of this Agreement to any person or entity, including, but not limited to, any representative of the media, Internet web page, social networking site, “blog” or “chat room,” judicial or administrative agency or body, business entity or association, except: (a) Your spouse; (b) Your attorneys, accountants or financial advisors; or (c) any court or government agency pursuant to an official request by such government agency, court order or legally enforceable subpoena. If You are contacted, served or learn that You will be served with a subpoena to compel Your testimony or the production of documents concerning this Agreement or Your employment with the Company, You agree to immediately notify [▇▇▇▇▇ ▇. (▇▇▇▇▇▇▇) ▇▇▇, Chief Executive Officer]CHRO, by telephone. If You disclose the existence or terms of this Agreement pursuant to sub-clauses (a) or (b) of this paragraph, You shall inform such person or entity (i) of this confidentiality provision, and (ii) to maintain the same level of confidentiality required by this provision. Any breach of this provision by such person or entity shall be considered a breach by You. You may not use this Agreement as evidence, except in a proceeding in which a breach of this Agreement is alleged. The Company shall instruct the Board ▇▇▇▇▇ ▇▇▇▇▇▇▇▇, CHRO or other Company executive not to make any disclosures concerning the existence or terms of this Agreement to any person or entity, including, but not limited to, any representative of the media, Internet web page, social networking site, “blog” or “chat room,” judicial or administrative agency or body, business entity or association, except: (a) the Company’s attorneys, accountants or financial advisors; (b) any employee of the Company as required to implement this Agreement; or (c) any court or government agency pursuant to an official request by such government agency, court order or legally enforceable subpoena. 1 For purposes of Sections 3, 4, 5, and 6 of this Agreement, the term “Company” includes the Company, the Company’s current and former parents, subsidiaries, affiliates, and all related companies, as well as their respective officers, directors, shareholders, employees, agents, and any other representatives, any employee benefits plan of the Company, and any fiduciary of those plans. ___________ Initials 4883-0755-0041(IL) court or government agency pursuant to an official request by such government agency, court order or legally enforceable subpoena.

Mutual Confidentiality. You acknowledge and agree that neither You nor anyone acting on Your behalf has made or will make any disclosures concerning the existence or terms of this Agreement to any person or entity, including, but not limited to, any representative of the media, Internet web page, social networking site, “blog” or “chat room,” judicial or administrative agency or body, business entity or association, except: (a) Your spouse; (b) Your attorneys, accountants or financial advisors; or (c) any court or government agency pursuant to an official request by such government agency, court order or legally enforceable subpoena. If You are contacted, served or learn that You will be served with a subpoena to compel Your testimony or the production of documents concerning this Agreement or Your employment with the Company, You agree to immediately notify [▇▇▇▇▇ ▇. (▇▇▇▇▇▇▇) ▇▇▇, Chief Executive Officer]CHRO, by telephone. If You disclose the existence or terms of this Agreement pursuant to sub-clauses (a) or (b) of this paragraph, You shall inform such person or entity (i) of this confidentiality provision, and (ii) to maintain the same level of confidentiality required by this provision. Any breach of this provision by such person or entity shall be considered a breach by You. You may not use this Agreement as evidence, except in a proceeding in which a breach of this Agreement is alleged. The Company shall instruct the Board ▇▇▇▇▇ ▇▇▇▇▇▇▇▇, CHRO or other Company executive not to make any disclosures concerning the existence or terms of this Agreement to any person or entity, including, but not limited to, any representative of the media, Internet web page, social networking site, “blog” or “chat room,” judicial or administrative agency or body, business entity or association, except: (a) the Company’s attorneys, accountants or financial advisors; (b) any employee of the Company as required to implement this Agreement; or (c) any court or government agency pursuant to an official request by such government agency, court order or legally enforceable subpoena. 1 For purposes of Sections 3, 4, 5, and 6 of this Agreement, the term “Company” includes the Company, the Company’s current and former parents, subsidiaries, affiliates, and all related companies, as well as their respective officers, directors, shareholders, employees, agents, and any other representatives, any employee benefits plan of the Company, and any fiduciary of those plans.

Mutual Confidentiality. You acknowledge Subject to Section 10 of this Agreement, Executive promises, covenants and agree that neither You nor anyone acting on Your behalf has made agrees not to discuss, disclose or will make any disclosures concerning divulge the terms, contents or existence or terms of this Agreement to any person person, and not to show this Agreement to any person, except his financial, legal or entitytax advisor or spouse (each of whom shall be informed of this confidentiality provision and must first agree to keep this information confidential), includingor when otherwise required by law or process of law. Executive may also disclose Section 25 of this Agreement to any of his employer(s) or prospective employer(s), but only to the extent such disclosure is reasonably required to secure cooperation from those employer(s) or prospective employer(s) to allow and enable Executive to comply with the provisions of Section 25. The foregoing provision is not limited tointended to prevent Executive from providing truthful and accurate information as otherwise required by applicable law or for the specific purpose of enforcing the terms of this Agreement. Likewise, Employer promises, covenants and agrees not to authorize anyone to discuss, disclose or divulge the terms, contents or existence of this Agreement to any representative person, and not to show this Agreement to any person, except their auditors, investors, attorneys, valuation expert(s), acquirors, or financial, legal or tax advisor (each of whom shall be informed of this confidentiality provision and must first agree to keep this information confidential), or when otherwise required by law or process of law. Employer further promises, covenants and agrees to instruct any of its employees who know the terms, contents or existence of this Agreement, or have access to it, not to discuss, disclose or divulge the terms, contents or existence of this Agreement to any person, and not to show this Agreement to any person, except Employer’s auditors, investors, attorneys, valuation expert(s), acquirors, or financial, legal or tax advisor (each of whom shall be informed of this confidentiality provision and must first agree to keep this information confidential), or when otherwise required by law or process of law. The foregoing provision is not intended to prevent Employer from providing truthful and accurate information as otherwise required by applicable law or for the specific purpose of enforcing the terms of this Agreement, or from disclosing otherwise public information. Notwithstanding any other provision of this Agreement or any prior confidentiality agreement between or among any of the mediaParties, Internet web pageEmployer and the Employer Releasees may disclose information relating to this Agreement, social networking siteand any information provided by Executive or Executive’s Attorneys, “blog” or “chat room,” judicial or administrative agency or bodyto Employer and the Employer Releasees’ investors, business entity or associationpartners, except: (a) Your spouse; (b) Your accountants, auditors, insurers, reinsurers, attorneys, accountants valuation expert(s), acquirors, or financial financial, legal or tax advisors; or (c) , and to government agencies as required by law. To the extent the permission of any court or government agency pursuant to an official request by such government agency, court or a modification of any confidentiality order or legally enforceable subpoena. If You are contacted, served or learn that You will be served with a subpoena protective order is needed to compel Your testimony or implement the production of documents concerning this Agreement or Your employment with the Company, You agree to immediately notify [▇▇▇▇ ▇. (▇▇▇▇▇▇▇) ▇▇▇, Chief Executive Officer], by telephone. If You disclose the existence or terms purposes of this Agreement pursuant to sub-clauses (a) or (b) of this paragraph, You shall inform such person or entity (i) of this confidentiality provision, and (ii) each Party agrees to maintain the same level of confidentiality required by this provision. Any breach of this provision by cooperate in seeking such person permission or entity shall be considered a breach by You. You may not use this Agreement as evidence, except in a proceeding in which a breach of this Agreement is alleged. The Company shall instruct the Board or other Company executive not to make any disclosures concerning the existence or terms of this Agreement to any person or entity, including, but not limited to, any representative of the media, Internet web page, social networking site, “blog” or “chat room,” judicial or administrative agency or body, business entity or association, except: (a) the Company’s attorneys, accountants or financial advisors; (b) any employee of the Company as required to implement this Agreement; or (c) any court or government agency pursuant to an official request by such government agency, court order or legally enforceable subpoenamodification. 1 For purposes of Sections 3, 4, 5, and 6 of this Agreement, the term “Company” includes the Company, the Company’s current and former parents, subsidiaries, affiliates, and all related companies, as well as their respective officers, directors, shareholders, employees, agents, and any other representatives, any employee benefits plan of the Company, and any fiduciary of those plans.