Non-Disclosure of Information. The Executive recognizes and acknowledges that the Company's trade secrets and proprietary information and processes, ("Confidential Business and Technical Information") as they may exist from time to time, are valuable, special and unique assets of the Company's business, access to and knowledge of which are essential to the performance of the Executive's duties hereunder. The Executive will not, during or after the term of his employment by the Company, in whole or in part, disclose such Confidential Business and Technical Information to any person, firm, corporation, association or entity for any reason or purpose whatsoever, nor shall the Executive make use of any such Confidential Business and Technical Information for his own purposes or for the benefit of any person, firm, corporation or entity except the Company under any circumstances during or after the term of his employment, provided that after the term of his employment these restrictions shall not apply to such secrets, information and processes which are then in the public domain provided that the Executive was not responsible, directly or indirectly, for such secrets, information or processes entering the public domain without the Company's consent. In the event an action is instituted and prior knowledge is an issue, it shall be the obligation of the Executive to prove by clear and convincing evidence that the Confidential Business and Technical Information disclosed was in the public domain, was already known by the Recipient, or was developed independently by the Recipient. The Executive agrees to hold as the Company's property, all memoranda, books, papers, letters, formulas and other data, and all copies thereof and there from, in any way relating to the Company's business and affairs, whet made by him or otherwise coming into his possession, and upon termination of his employment, or on demand of the Company, at any time, to deliver the same to the Company.
Appears in 5 contracts
Sources: Employment Agreement (Imaging Diagnostic Systems Inc /Fl/), Employment Agreement (Imaging Diagnostic Systems Inc /Fl/), Employment Agreement (Imaging Diagnostic Systems Inc /Fl/)
Non-Disclosure of Information. The Executive recognizes and acknowledges that the Company's trade secrets and proprietary information and processes, ("Confidential Business and Technical Information") as they may exist from time to time, are valuable, special and unique assets of the Company's business, access to and knowledge of which are essential to the performance of the Executive's duties hereunder. The Executive will not, during or after the term of his employment by the Company, in whole or in part, disclose such Confidential Business and Technical Information to any person, firm, corporation, association or entity for any reason or purpose whatsoever, nor shall the Executive make use of any such Confidential Business and Technical Information for his own purposes or for the benefit of any person, firm, corporation or entity except the Company under any circumstances during or after the term of his employment, provided that after the term of his employment these restrictions shall not apply to such secrets, information and processes which are then in the public domain provided that the Executive was not responsibleshall:
8.2.1 Never, directly or indirectly, disclose to any person or entity for any reason, or use for his own personal benefit, any "Confidential Information" as hereinafter defined; and
8.2.2 At all times take all reasonable precautions necessary to protect from loss or disclosure by Executive or his subordinates any and all documents or other information containing, referring, or relating to such secretsConfidential Information. Upon termination of employment with the Company for any reason, the Executive shall promptly return to the Company any and all documents or other tangible property containing, referring, or relating to such Confidential Information, whether prepared by him or others.
8.2.3 Notwithstanding any provision to the contrary in Section 8, this paragraph shall not apply to information which the Executive is called upon by legal process (including, without limitation, by subpoena or processes entering discovery requirement) to disclose or any information which has become part of the public domain without or is otherwise publicly disclosed through no fault or action of the Executive.
8.2.4 For purposes of this Agreement, "Confidential Information" shall mean any information relating in any way to the business of the Company disclosed to or known to the Executive as a consequence of, result of, or through the Executive's employment by the Company which may consist of, but not be limited to, technical and non-technical information about the Company's consent. In proprietary products, processes, programs, concepts, forms, business methods, data, any and all financial and accounting data, employees, marketing, customers, customer lists, and services and information corresponding thereto acquired by the event an action is instituted and prior knowledge is an issue, it shall be Executive during the obligation term of the Executive to prove Executive's employment by clear and convincing evidence that the Company. Confidential Business and Technical Information disclosed was in shall not include any of such items which arc published or are otherwise part of the public domain, was already known by the Recipient, or was developed independently by the Recipient. The Executive agrees to hold as the Company's property, all memoranda, books, papers, letters, formulas and other data, and all copies thereof and there from, in any way relating to the Company's business and affairs, whet made by him freely available from trade sources or otherwise coming into his possession, and upon termination of his employment, or on demand of the Company, at any time, to deliver the same to the Companyotherwise.
Appears in 5 contracts
Sources: Employment Agreement (Directrix Inc), Employment Agreement (Directrix Inc), Employment Agreement (Directrix Inc)
Non-Disclosure of Information. (1) The Executive recognizes and acknowledges that the Company's trade secrets and proprietary information and processes, shall ("Confidential Business and Technical Information"i) as they may exist from time to time, are valuable, special and unique assets of the Company's business, access to and knowledge of which are essential to the performance of the Executive's duties hereunder. The Executive will not, during or after the term of his employment by the Company, in whole or in part, disclose such Confidential Business and Technical Information to any person, firm, corporation, association or entity for any reason or purpose whatsoever, nor shall the Executive make use of any such Confidential Business and Technical Information for his own purposes or for the benefit of any person, firm, corporation or entity except the Company under any circumstances during or after the term of his employment, provided that after the term of his employment these restrictions shall not apply to such secrets, information and processes which are then in the public domain provided that the Executive was not responsiblenever, directly or indirectly, disclose to any person or entity for any reason, or use for his own personal benefit, any "Confidential Information" (as hereinafter defined) either during his employment with the Company or following termination of that employment for any reason (ii) at all times take all precautions necessary to protect from loss or disclosure by him of any and all documents or other information containing, referring or relating to such secretsConfidential Information, and (iii) upon termination of his employment with the Company for any reason, the Executive shall promptly return to the Company any and all documents or other tangible property containing, referring or relating to such Confidential Information, whether prepared by him or others.
(2) Notwithstanding any provision to the contrary in this Paragraph 8(c), this paragraph shall not apply to information which the Executive is called upon by legal process regular on its face (including, without limitation, by subpoena or processes entering discovery requirement) to disclose or to information which has become part of the public domain without or is otherwise publicly disclosed through no fault or action of the Executive.
(3) For purposes of this Agreement, "Confidential Information" means any information relating in any way to the business of the Company disclosed to or known to the Executive as a consequence of, result of, or through the Executive's employment by the Company which consists of technical and nontechnical information about the Company's consent. In products, processes, computer programs, concepts, forms, business methods, data, any and all financial and accounting data, marketing, customers, customer lists, and services and information corresponding thereto acquired by the event an action is instituted and prior knowledge is an issue, it shall be Executive during the obligation term of the Executive to prove Executive's employment by clear and convincing evidence that the Company. Confidential Business and Technical Information disclosed was in shall not include any of such items which are published or are otherwise part of the public domain, was already known by the Recipient, or was developed independently by the Recipient. The Executive agrees to hold as the Company's property, all memoranda, books, papers, letters, formulas and other data, and all copies thereof and there from, in any way relating to the Company's business and affairs, whet made by him freely available from trade sources or otherwise coming into his possession, and upon termination of his employment, or on demand of the Company, at any time, to deliver the same to the Companyotherwise.
Appears in 4 contracts
Sources: Employment Agreement (Kaleidoscope Media Group Inc), Employment Agreement (Kaleidoscope Media Group Inc), Employment Agreement (Ifs International Inc)
Non-Disclosure of Information. The Executive recognizes and acknowledges that the Company's trade secrets and proprietary information and processes, ("Confidential Business and Technical Information") as they may exist from time to time, are valuable, special and unique assets of the Company's business, access to and knowledge of which are essential to the performance of the Executive's duties hereunder. The Executive will not, during or after the term of his employment by the Company, in whole or in part, disclose such Confidential Business and Technical Information to any person, firm, corporation, association or entity for any reason or purpose whatsoever, nor shall the Executive make use of any such Confidential Business and Technical Information for his own purposes or for the benefit of any person, firm, corporation or entity except the Company under any circumstances during or after the term of his employment, provided that after the term of his employment these restrictions shall not apply to such secrets, information and processes which are then in the public domain provided that the Executive was not responsibleshall:
8.2.1 Never, directly or indirectly, disclose to any person or entity for any reason, or use for his own personal benefit, any “Confidential Information” as hereinafter defined; and
8.2.2 At all times take all reasonable precautions necessary to protect from loss or disclosure by Executive or his subordinates any and all documents or other information containing, referring, or relating to such secretsConfidential Information. Upon termination of employment with the Company for any reason, the Executive shall promptly return to the Company any and all documents or other tangible property containing, referring, or relating to such Confidential Information, whether prepared by him or others.
8.2.3 Notwithstanding any provision to the contrary in Section 8, this paragraph shall not apply to information which the Executive is called upon by legal process (including, without limitation, by subpoena or processes entering discovery requirement) to disclose or any information which has become part of the public domain without or is otherwise publicly disclosed through no fault or action of the Executive.
8.2.4 For purposes of this Agreement, “Confidential Information” shall mean any information relating in any way to the business of the Company disclosed to or known to the Executive as a consequence of, result of, or through the Executive’s employment by the Company which may consist of, but not be limited to, technical and non-technical information about the Company's consent. In ’s proprietary products, processes, programs, concepts, forms, business methods, data, any and all financial and accounting data, employees, marketing, customers, customer lists, and services and information corresponding thereto acquired by the event an action is instituted and prior knowledge is an issue, it shall be Executive during the obligation term of the Executive to prove Executive’s employment by clear and convincing evidence that the Company. Confidential Business and Technical Information disclosed was in shall not include any of such items which are published or are otherwise part of the public domain, was already known by the Recipient, or was developed independently by the Recipient. The Executive agrees to hold as the Company's property, all memoranda, books, papers, letters, formulas and other data, and all copies thereof and there from, in any way relating to the Company's business and affairs, whet made by him freely available from trade sources or otherwise coming into his possession, and upon termination of his employment, or on demand of the Company, at any time, to deliver the same to the Companyotherwise.
Appears in 3 contracts
Sources: Limited Liability Company Agreement (Harbin Electric, Inc), Employment Agreement (Harbin Electric, Inc), Employment Agreement (Harbin Electric, Inc)
Non-Disclosure of Information. The Executive recognizes and acknowledges that the Company's trade secrets and proprietary information and processes, ("Confidential Business and Technical Information") as they may exist from time to time, are valuable, special and unique assets of the Company's business, access to and knowledge of which are essential to the performance of the Executive's duties hereunder. The Executive will not, during or after the term of his employment by the Company, in whole or in part, disclose such Confidential Business and Technical Information to any person, firm, corporation, association or entity for any reason or purpose whatsoever, nor shall the Executive make use of any such Confidential Business and Technical Information for his own purposes or for the benefit of any person, firm, corporation or entity except the Company under any circumstances during or after the term of his employment, provided that after the term of his employment these restrictions shall not apply to such secrets, information and processes which are then in the public domain provided that the Executive was not responsibleshall:
8.1.1 Never, directly or indirectly, disclose to any person or entity for any reason, or use for his own personal benefit, any "Confidential Information" as hereinafter defined; and
8.1.2 At all times take all reasonable precautions necessary to protect from loss or disclosure by Executive or his subordinates any and all documents or other information containing, referring, or relating to such secretsConfidential Information. Upon termination of employment with the Company for any reason, the Executive shall promptly return to the Company any and all documents or other tangible property containing, referring, or relating to such Confidential Information, whether prepared by him or others.
8.1.3 Notwithstanding any provision to the contrary in Section 8, this paragraph shall not apply to information which the Executive is called upon by legal process (including, without limitation, by subpoena or processes entering discovery requirement) to disclose or any information which has become part of the public domain without or is otherwise publicly disclosed through no fault or action of the Executive.
8.1.4 For purposes of this Agreement, "Confidential Information" shall mean any information relating in any way to the business of the Company disclosed to or known to the Executive as a consequence of, result of, or through the Executive's employment by the Company which may consist of, but not be limited to, technical and non-technical information about the Company's consent. In proprietary products, processes, programs, concepts, forms, business methods, data, any and all financial and accounting data, employees, marketing, customers, customer lists, and services and information corresponding thereto acquired by the event an action is instituted and prior knowledge is an issue, it shall be Executive during the obligation term of the Executive to prove Executive's employment by clear and convincing evidence that the Company. Confidential Business and Technical Information disclosed was in shall not include any of such items which arc published or are otherwise part of the public domain, was already known by the Recipient, or was developed independently by the Recipient. The Executive agrees to hold as the Company's property, all memoranda, books, papers, letters, formulas and other data, and all copies thereof and there from, in any way relating to the Company's business and affairs, whet made by him freely available from trade sources or otherwise coming into his possession, and upon termination of his employment, or on demand of the Company, at any time, to deliver the same to the Companyotherwise.
Appears in 2 contracts
Sources: Employment Agreement (Directrix Inc), Employment Agreement (Directrix Inc)
Non-Disclosure of Information. The Executive recognizes and acknowledges that the Company's trade secrets and proprietary information and processes, ("Confidential Business and Technical Information") as they may exist from time to time, are valuable, special and unique assets of the Company's business, access to and knowledge of which are essential to the performance of the Executive's duties hereunder. The Executive will not, during or after the term of his employment by the Company, in whole or in part, disclose such Confidential Business and Technical Information to any person, firm, corporation, association or entity for any reason or purpose whatsoever, nor shall the Executive make use of any such Confidential Business and Technical Information for his own purposes or for the benefit of any person, firm, corporation or entity except the Company under any circumstances during or after the term of his employment, provided that after the term of his employment these restrictions shall not apply to such secrets, information and processes which are then in the public domain provided that the Executive was not responsibleshall:
8.2.1 Never, directly or indirectly, disclose to any person or entity for any reason, or use for his own personal benefit, any "Confidential Information" as hereinafter defined; and
8.2.2 At all times take all reasonable precautions necessary to protect from loss or disclosure by Executive or his subordinates any and all documents or other information containing, referring, or relating to such secretsConfidential Information. Upon termination of employment with the Company for any reason, the Executive shall promptly return to the Company any and all documents or other tangible property containing referring, or relating to such Confidential Information, whether prepared by him or others.
8.2.3 Notwithstanding any provision to the contrary in Section 8, this paragraph shall not apply to information which the Executive is called upon by legal process (including, without limitation, by subpoena or processes entering discovery requirement) to disclose or any information which has become part of the public domain without or is otherwise publicly disclosed through no fault or action of the Executive.
8.2.4 For purposes of this Agreement, "Confidential Information" shall mean any information relating in any way to the business of the Company disclosed to or known to the Executive as a consequence of, result of, or through the Executive's employment by the Company which may consist of, but not be limited to, technical and non-technical information about the Company's consent. In proprietary products, processes, programs, concepts, forms, business methods, data, any and all financial and accounting data, employees, marketing, customers, customer lists, and services and information corresponding thereto acquired by the event an action is instituted and prior knowledge is an issue, it shall be Executive during the obligation term of the Executive to prove Executive's employment by clear and convincing evidence that the Company. Confidential Business and Technical Information disclosed was in shall not include any of such items which are published or are otherwise part of the public domain, was already known by the Recipient, or was developed independently by the Recipient. The Executive agrees to hold as the Company's property, all memoranda, books, papers, letters, formulas and other data, and all copies thereof and there from, in any way relating to the Company's business and affairs, whet made by him freely available from trade sources or otherwise coming into his possession, and upon termination of his employment, or on demand of the Company, at any time, to deliver the same to the Companyotherwise.
Appears in 1 contract
Sources: Employment Agreement (Spice Entertaiment Companies Inc)
Non-Disclosure of Information. The Executive recognizes and acknowledges that the Company's trade secrets and proprietary information and processes, ("Confidential Business and Technical Information") as they may exist from time to time, are valuable, special and unique assets of the Company's business, access to and knowledge of which are essential to the performance of the Executive's duties hereunder. The Executive will not, during or after the term of his employment by the Company, in whole or in part, disclose such Confidential Business and Technical Information to any person, firm, corporation, association or entity for any reason or purpose whatsoever, nor shall the Executive make use of any such Confidential Business and Technical Information for his own purposes or for the benefit of any person, firm, corporation or entity except the Company under any circumstances during or after the term of his employment, provided that after the term of his employment these restrictions shall not apply to such secrets, information and processes which are then in the public domain provided that the Executive was not responsibleshall:
8.2.1 Never, directly or indirectly, disclose to any person or entity for any reason, or use for his own personal benefit, any "Confidential Information" as hereinafter defined; and
8.2.2 At all times take all reasonable precautions necessary to protect from loss or disclosure by Executive or his subordinates any and all documents or other information containing, referring, or relating to such secretsConfidential Information. Upon termination of employment with the Company for any reason, the Executive shall promptly return to the Company any and all documents or other tangible property containing, referring, or relating to such Confidential Information, whether prepared by him or others.
8.2.3 Notwithstanding any provision to the contrary in Section 8, this paragraph shall not apply to information which the Executive is called upon by legal process (including, without limitation, by subpoena or processes entering discovery requirement) to disclose or any information which has become part of the public domain without or is otherwise publicly disclosed through no fault or action of the Executive.
8.2.4 For purposes of this Agreement, "Confidential Information" shall mean any information relating in any way to the business of the Company disclosed to or known to the Executive as a consequence of, result of, or through the Executive's employment by the Company which may consist of, but not be limited to, technical and non-technical information about the Company's consent. In proprietary products, processes, programs, concepts, forms, business methods, data, any and all financial and accounting data, employees, marketing, customers, customer lists, and services and information corresponding thereto acquired by the event an action is instituted and prior knowledge is an issue, it shall be Executive during the obligation term of the Executive to prove Executive's employment by clear and convincing evidence that the Company. Confidential Business and Technical Information disclosed was in shall not include any of such items which are published or are otherwise part of the public domain, was already known by the Recipient, or was developed independently by the Recipient. The Executive agrees to hold as the Company's property, all memoranda, books, papers, letters, formulas and other data, and all copies thereof and there from, in any way relating to the Company's business and affairs, whet made by him freely available from trade sources or otherwise coming into his possession, and upon termination of his employment, or on demand of the Company, at any time, to deliver the same to the Companyotherwise.
Appears in 1 contract
Sources: Employment Agreement (Spice Entertaiment Companies Inc)