Common use of Return of the Company’s Property Clause in Contracts

Return of the Company’s Property. All of the Company’s and its subsidiaries’ and affiliates’ products, Customer correspondence, internal memoranda, designs, brochures, training manuals, project files, price lists, Customer and Vendor lists, prospectus reports, Customer or Vendor information, data and databases, clinical trial protocols, project agreements, product literature, notebooks, textbooks, e-mails and Internet access, and all other like information or products, including all copies, duplications, replications and derivatives of such information or products, acquired by the Employee while in the employ of the Company, whether prepared by the Employee or coming into the Employee’s possession, shall be the exclusive property of the Company and shall be returned immediately to the Company upon the expiration or termination of this Agreement for any reason or upon request by the Chief Executive Officer of the Company or the Board. The Employee also shall return immediately return any Company issued property including, but not limited to, laptops, computers, thumb drives, removable media devices, flash drives, smartphones, cellular phones, iPads and other devices upon the expiration or termination of this Agreement for any reason or upon request by the Chief Executive Officer of the Company or the Board. The Employee’s obligations under this Section 8 shall exist whether or not any of these items or materials contain Confidential Information or trade secrets. The Parties hereto shall comply with all applicable laws and regulations regarding retention of and access to this Agreement and all books, documents and records in connection therewith. The Employee shall provide the Company with a signed certificate evidencing that all such property has been returned, and that no such property or Confidential Information or trade secret has been retained by the Employee in any form. If the Company has a good faith basis for suspecting that Employee has retained documents, property or information in violation of this provision, if requested, the Employee is obligated to provide the Company and/or its agent with access to the Employee’s laptop(s), external drive(s), computer(s), flash drive(s) and/or removable media to ensure all property of the Company or its subsidiaries and affiliates has been returned, and Employee is not retaining copies of the documents or property without the Company permission.

Appears in 3 contracts

Sources: Employment Agreement, Employment Agreement (Anavex Life Sciences Corp.), Employment Agreement (Anavex Life Sciences Corp.)

Return of the Company’s Property. All of the Company’s and its subsidiaries’ and affiliates’ products, Customer ; correspondence, ; internal memoranda, ; designs, ; sales brochures, ; training manuals, ; project files, ; price lists, Customer ; customer and Vendor vendor lists, ; prospectus reports; customer, Customer licensor, distributor, supplier or Vendor vendor information, data and databases, clinical trial protocols, project agreements, product ; sales literature, ; territory printouts; call books; notebooks, ; textbooks, ; e-mails mails; and Internet internet access, ; and all other like information or products, including all copies, duplications, replications and derivatives of such information or products, acquired by the Employee Executive while in the employ of the Company, whether prepared by the Employee Executive or coming into the EmployeeExecutive’s possession, shall be the exclusive property of the Company and shall be returned immediately to the Company upon the expiration or termination of this Agreement for any reason or upon request by the Chief Executive Officer of the Company or the Board. The Employee Executive also shall return immediately return any Company issued property including, but not limited to, laptops, computers, thumb drives, removable media devices, flash drives, smartphones, cellular phones, iPads and other devices upon the expiration or termination of this Agreement for any reason or upon request by the Chief Executive Officer of the Company or the Board. The EmployeeExecutive’s obligations under this Section 8 shall exist whether or not any of these items or materials contain Confidential Information or trade secrets. The Parties hereto shall comply with all applicable laws and regulations regarding retention of and access to this Agreement and all books, documents and records in connection therewith. The Employee Executive shall provide the Company with a signed certificate evidencing that all such property has been returned, and that no such property or Confidential Information or trade secret has been retained by the Employee Executive in any form. If the Company has a good faith basis for suspecting that Employee Executive has retained documents, property or information in violation of this provision, if requested, the Employee Executive is obligated to provide the Company and/or its agent with access to the EmployeeExecutive’s laptop(s), external drive(s), computer(s), flash drive(s) and/or removable media to ensure all property of the Company or its subsidiaries and affiliates has been returned, and Employee Executive is not retaining copies of the documents or property without the Company permission.

Appears in 2 contracts

Sources: Employment Agreement (Ominto, Inc.), Employment Agreement (Ominto, Inc.)

Return of the Company’s Property. All of the Company’s and its parents’, subsidiaries’ and affiliates’ productsProducts, Customer correspondence, internal memoranda, designs, sales brochures, training manuals, project files, price lists, Customer and Vendor lists, prospectus reports, Customer or Vendor information, data and databasessales literature, clinical trial protocolsterritory printouts, project agreements, product literaturecall books, notebooks, textbooks, textbooks e-mails and Internet access, and all other like information or products, including all copies, duplications, replications and derivatives of such information or products, acquired by the Employee while in the employ of the Company, whether prepared by the Employee or coming into the Employee’s possession, shall be the exclusive property of the Company and shall be returned immediately to the Company upon the expiration or termination of this Agreement for any reason or upon request by the Chief Executive Employee Officer of the Company or the Board. The Employee also shall return immediately return any Company issued property including, but not limited to, laptops, computers, thumb drives, removable media devices, flash drives, smartphones, cellular phones, iPads and other devices upon the expiration or termination of this Agreement for any reason or upon request by the Chief Executive Employee Officer of the Company or the Board. The Employee’s obligations under this Section 8 shall exist whether or not any of these items or materials contain Confidential Information or trade secrets. The Parties parties hereto shall comply with all applicable laws and regulations regarding retention of and access to this Agreement and all books, documents and records in connection therewith. The Employee shall provide the Company with a signed certificate evidencing that all such property has been returned, and that no such property or Confidential Information or trade secret has been retained by the Employee in any form. If the Company has a good faith basis for suspecting that Employee has retained documents, property or information in violation of this provision, if requested, the Employee is obligated to provide the Company and/or its agent with access to the Employee’s laptop(s), external drive(s), computer(s), flash drive(s) and/or removable media to ensure all property of the Company or its subsidiaries and affiliates has been returned, and Employee is not retaining copies of the documents or property without the Company permission.

Appears in 1 contract

Sources: Employment Agreement (Vinco Ventures, Inc.)

Return of the Company’s Property. All If Executive’s employment is terminated for any reason, the Company shall have the right, at its option, to require Executive to vacate his office prior to or on the effective date of termination and to cease all activities as an officer or employee on the Company’s and its subsidiaries’ and affiliates’ productsbehalf. Upon the termination of his employment in any manner, Customer correspondence, internal memoranda, designs, brochures, training manuals, project files, price Executive shall immediately surrender to the Company all lists, Customer books and Vendor listsrecords of, prospectus reportsor in connection with, Customer or Vendor information, data and databases, clinical trial protocols, project agreements, product literature, notebooks, textbooks, e-mails and Internet accessthe Company’s business, and all other like information or productsproperty belonging to the Company, including it being distinctly understood that all copiessuch lists, duplicationsbooks and records, replications and derivatives of such information or productsother documents, acquired by are the Employee while in the employ property of the Company; provided, whether prepared by however, that, notwithstanding anything contained in the Employee or coming into Agreement to the Employeecontrary, if Executive remains employed until 11:59PM on September 3, 2018, and his employment terminates at such time in accordance with Executive’s possessionletter of resignation dated July 25, 2018, Executive shall be allowed to retain his Company-provided computer and telecommunications equipment, access to the exclusive property Company’s corporate headquarters, and access to Company e-mail and data reasonably necessary for him to effectively fulfill has obligations on the Board so long as he is serving on the Board.” 6. The fourth sentence of Section 10 of the Company Agreement is hereby amended and restated in its entirety to read as follows: “Upon termination of Executive’s employment for any reason, Executive shall be returned immediately deemed to the Company upon the expiration or termination of this Agreement for any reason or upon request by the Chief Executive Officer of have resigned from all offices, if any, then held with the Company or any of its Affiliates, but shall not be deemed to have resigned from the Board, the Executive Committee, or his positions as Chairman of the Board or Chair of the Executive Committee.” 7. Except as expressly amended hereby, the Agreement shall remain in full force and effect in accordance with its original terms. 8. The Employee also Agreement, as amended by this Amendment, embodies the entire agreement and understanding between the parties hereto and supersedes all prior agreements and understandings relating to the subject matter hereof. Except as specifically modified herein, the Agreement shall return immediately return any Company issued property including, but not limited to, laptops, computers, thumb drives, removable media devices, flash drives, smartphones, cellular phones, iPads continue in full force and other devices upon the expiration or termination of this Agreement for any reason or upon request by the Chief Executive Officer effect in accordance with all of the Company or the Board. The Employee’s obligations under this Section 8 shall exist whether or not any of these items or materials contain Confidential Information or trade secrets. The Parties hereto shall comply with all applicable laws terms and regulations regarding retention of and access to this Agreement and all booksconditions thereof, documents and records including in connection therewith. The Employee shall provide the Company with a signed certificate evidencing that all such property has been returned, and that no such property or Confidential Information or trade secret has been retained by the Employee in any form. If the Company has a good faith basis for suspecting that Employee has retained documents, property or information in violation of this provision, if requested, the Employee is obligated to provide the Company and/or its agent with access to the Employee’s laptop(s), external drive(s), computer(s), flash drive(s) and/or removable media to ensure all property respect of the Company or its subsidiaries and affiliates has been returned, and Employee is not retaining copies of the documents or property without the Company permission.governing law. (Signature Page Follows) 2

Appears in 1 contract

Sources: Executive Restrictive Covenant and Severance Agreement (Axalta Coating Systems Ltd.)

Return of the Company’s Property. All of the Company’s and its parents’, subsidiaries’ and affiliates’ productsProducts, Customer correspondence, internal memoranda, designs, sales brochures, training manuals, project files, price lists, Customer and Vendor lists, prospectus reports, Customer or Vendor information, data and databasessales literature, clinical trial protocolsterritory printouts, project agreements, product literaturecall books, notebooks, textbooks, textbooks e-mails and Internet access, and all other like information or products, including all copies, duplications, replications and derivatives of such information or products, acquired by the Employee Executive while in the employ of the Company, whether prepared by the Employee Executive or coming into the EmployeeExecutive’s possession, shall be the exclusive property of the Company and shall be returned immediately to the Company upon the expiration or termination of this Agreement for any reason or upon request by the Chief Executive Officer of the Company or the Board. The Employee Executive also shall return immediately return any Company issued property including, but not limited to, laptops, computers, thumb drives, removable media devices, flash drives, smartphones, cellular phones, iPads and other devices upon the expiration or termination of this Agreement for any reason or upon request by the Chief Executive Officer of the Company or the Board. The EmployeeExecutive’s obligations under this Section 8 shall exist whether or not any of these items or materials contain Confidential Information or trade secrets. The Parties parties hereto shall comply with all applicable laws and regulations regarding retention of and access to this Agreement and all books, documents and records in connection therewith. The Employee Executive shall provide the Company with a signed certificate evidencing that all such property has been returned, and that no such property or Confidential Information or trade secret has been retained by the Employee Executive in any form. If the Company has a good faith basis for suspecting that Employee Executive has retained documents, property or information in violation of this provision, if requested, the Employee Executive is obligated to provide the Company and/or its agent with access to the EmployeeExecutive’s laptop(s), external drive(s), computer(s), flash drive(s) and/or removable media to ensure all property of the Company or its subsidiaries and affiliates has been returned, and Employee Executive is not retaining copies of the documents or property without the Company permission.

Appears in 1 contract

Sources: Employment Agreement (Vinco Ventures, Inc.)

Return of the Company’s Property. All of the Company’s and its parents’, subsidiaries’ and affiliates’ productsProducts, Customer correspondence, internal memoranda, designs, sales brochures, training manuals, project files, price lists, Customer and Vendor lists, prospectus reports, Customer or Vendor information, data and databasessales literature, clinical trial protocolsterritory printouts, project agreements, product literaturecall books, notebooks, textbooks, textbooks e-mails and Internet access, and all other like information or products, including all copies, duplications, replications and derivatives of such information or products, acquired by the Employee Executive while in the employ of the Company, whether prepared by the Employee Executive or coming into the EmployeeExecutive’s possession, shall be the exclusive property of the Company and shall be returned immediately to the Company upon the expiration or termination of this Agreement for any reason or upon request by the Chief Executive Officer of the Company or the Board. The Employee Executive also shall return immediately return any Company issued property including, but not limited to, laptops, computers, thumb drives, removable media devices, flash drives, smartphones, cellular phones, iPads and other devices upon the expiration or termination of this Agreement for any reason or upon request by the Chief Executive Officer of the Company or the Board. The EmployeeExecutive’s obligations under this Section 8 shall exist whether or not any of these items or materials contain confidential information (as described in more detail in the Restrictive Covenant Agreement) (“Confidential Information Information”) or trade secrets. The Parties hereto shall comply with all applicable laws and regulations regarding retention of and access to this Agreement and all books, documents and records in connection therewith. The Employee Executive shall provide the Company with a signed certificate evidencing that all such property has been returned, and that no such property or Confidential Information or trade secret has been retained by the Employee Executive in any form. If the Company has a good faith basis for suspecting that Employee Executive has retained documents, property or information in violation of this provision, if requested, the Employee Executive is obligated to provide the Company and/or its agent with access to the EmployeeExecutive’s laptop(s), external drive(s), computer(s), flash drive(s) and/or removable media to ensure all property of the Company or its subsidiaries and affiliates has been returned, and Employee Executive is not retaining copies of the documents or property without the Company permission.

Appears in 1 contract

Sources: Employment Agreement (Neomedia Technologies Inc)