Use and Maintenance of Confidential Information. At all times, both during and after the Term, Executive shall keep and retain in confidence and shall not disclose, except as required in the course of Executive’s employment with the Company and the Bank, to any person or entity, or use for his own purposes, any of this proprietary or confidential information. For purposes of this Section 8, such information shall include, but shall not be limited to: (i) the Company’s or the Bank’s standard operating procedures, processes, know-how and technical and product information, any of which is of value to the Company or the Bank and not generally known by the Company’s or the Bank’s competitors or the public; (ii) all confidential information obtained from third parties and customers concerning the business of the Company or its affiliates, including any customer lists or data; and (iii) confidential business information of the Company or its affiliates, including marketing and business plans, strategies, projections, business opportunities, client lists, customer list, confidential information by customers or clients, sales and cost information and financial results and performance. Such information shall not include information that is disclosed pursuant to issuance of legal process or regulatory action, information that is in the public domain, or information disclosed to Executive by a person who has no duty to the Company or its affiliates to keep the information confidential. Executive acknowledges that the obligations pertaining to the confidentiality and non-disclosure of information shall remain in effect indefinitely, or until the Company has released any such information into the public domain, in which case Executive’s obligation hereunder shall cease with respect only to such information so released. This Agreement does not constitute a waiver by the Company, the Bank or any of their affiliates of trade secret protections under applicable law(s) or limit the rights of the Company, the Bank or any of their affiliates to enforce its rights under any such laws, nor does it limit any legal obligations of (or waive any rights against) Executive with respect to customer or other third-party information. Notwithstanding anything herein to the contrary, nothing in this Agreement shall be construed as prohibiting Executive from (x) testifying in any lawsuit, (y) reporting conduct to, providing truthful information to, or participating in any investigation or proceeding conducted by any federal or state government agency or self-regulatory organization in accordance with the Securities Exchange Act of 1934 or the ▇▇▇▇▇▇▇▇-▇▇▇▇▇ Act of 2002, or any other provisions of state or federal law or regulation, or (z) require notification or prior approval by the Company of any activity described in clauses (x) or (y).
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Use and Maintenance of Confidential Information. At all times, both during and after the Term, Executive shall keep and retain in confidence and shall not disclose, except as required in the course of Executive’s employment with with, or services to, the Company and the Bank, to any person or entity, or use for his own purposes, any of this proprietary or confidential information. For purposes of this Section 8, such information shall include, but shall not be limited to: (i) the Company’s or the Bank’s standard operating procedures, processes, know-how and technical and product information, any of which is of value to the Company or the Bank and not generally known by the Company’s or the Bank’s competitors or the public; (ii) all confidential information obtained from third parties and customers concerning the business of the Company or its affiliates, including any customer lists or data; and (iii) confidential business information of the Company or its affiliates, including marketing and business plans, strategies, projections, business opportunities, client lists, customer list, confidential information by customers or clients, sales and cost information and financial results and performance. Such information shall not include information that is disclosed pursuant to issuance of legal process or regulatory action, information that is in the public domain, or information disclosed to Executive by a person who has no duty to the Company or its affiliates to keep the information confidential. Executive acknowledges that the obligations pertaining to the confidentiality and non-disclosure of information shall remain in effect indefinitely, or until the Company has released any such information into the public domain, in which case Executive’s obligation hereunder shall cease with respect only to such information so released. This Agreement does not constitute a waiver by the Company, the Bank or any of their affiliates of trade secret protections under applicable law(s) or limit the rights of the Company, the Bank or any of their affiliates to enforce its rights under any such laws, nor does it limit any legal obligations of (or waive any rights against) Executive with respect to customer or other third-party information. Notwithstanding anything herein to the contrary, nothing in this Agreement shall be construed as prohibiting Executive from (x) testifying in any lawsuit, (y) reporting conduct to, providing truthful information to, or participating in any investigation or proceeding conducted by any federal or state government agency or self-regulatory organization in accordance with the Securities Exchange Act of 1934 or the ▇S▇▇▇▇▇▇▇-▇▇▇▇▇ Act of 2002, or any other provisions of state or federal law or regulation, or (z) require notification or prior approval by the Company of any activity described in clauses (x) or (y).
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Use and Maintenance of Confidential Information. At all times, both during and after the TermEmployee's employment, Executive Employee shall keep and retain in confidence and shall not disclose, except as required in the course of Executive’s Employee's employment with the Company and the Bank, to any person or entity, or use for his own purposes, any of this proprietary or confidential informationConfidential Information. For purposes of this Section 8, such information Confidential Information shall include, but shall not be limited to: (i) the Company’s 's or the Bank’s 's standard operating procedures, processes, know-how and technical and product information, any of which is of value to the Company Bank or the Bank Company and not generally known by the Bank's or Company’s or the Bank’s 's competitors or the public; (ii) all confidential information obtained by the Bank or the Company from third parties and customers concerning the business of the Company Bank or that of its affiliatescustomers, including any customer lists or data; and (iii) confidential business information of the Company or its affiliatesBank and/or the Company, including marketing and business plans, strategies, projections, business opportunities, client lists, customer list, confidential information by customers or clients, sales and cost information and financial results and performance. Such information performance provided, however, that Confidential Information shall not include information that (x) is disclosed pursuant or becomes generally available to issuance of legal process or regulatory action, information that is in the public domainor generally known throughout the industry in which the Bank operates through no breach of this Agreement or other wrongful act by Employee (or otherwise has ceased to be confidential or a trade secret, as applicable, through no breach of this Agreement or other wrongful act by Employee ), (y) is or becomes available to Employee (other than as a result of Employee's employment with the Bank or the Company (or any of their respective predecessor entities)) on a non-confidential basis from a source other than the Bank or the Company, provided that such source was not known (and should not reasonably have been known) by Employee to be bound by a confidentiality obligation with respect to such information, or information disclosed (z) is independently developed by Employee without the use of or reference to Executive by a person who has no duty to the Company or its affiliates to keep the information confidentialany Confidential Information. Executive Employee acknowledges that the obligations pertaining to the confidentiality and non-disclosure of information shall remain in effect indefinitely, or until the Bank or the Company has released any such information into the public domain, in which case Executive’s ▇▇▇▇▇▇ Agreement (3/2018) 7 of 15 (JK) Employee's obligation hereunder shall cease with respect only to such information so released. This Agreement does not constitute a waiver by the Company, the Bank or any of their affiliates the Company of trade secret protections under applicable law(s) or limit the rights of the Company, the Bank or any of their affiliates to enforce its rights under any such laws, nor does it limit any legal obligations of (or waive any rights against) Executive the Employee with respect to customer or other third-party information. Notwithstanding anything herein to the contrary, nothing in this Agreement shall be construed as prohibiting Executive or impeding (or enforced by the Bank in a manner that would prohibit or impede) Employee from (xi) testifying in any lawsuit, lawsuit or (yii) reporting conduct to, providing truthful information to, or participating in any investigation or proceeding conducted by any federal or state government agency or self-regulatory organization in accordance with the Securities Exchange Act of 1934 or the ▇▇▇▇▇▇▇▇-▇▇▇▇▇ Act of 2002, or any other provisions of state or federal law or regulation. Similarly, nothing herein shall be construed as requiring Employee to provide notification to or (z) require notification or seek prior approval by the Company Bank of any activity described immediately preceding in clauses (xi) or (yii). Moreover, if and to the extent a court of competent jurisdiction deems this restriction on the use or disclosure of Confidential Information to represent a restrictive covenant requiring a limit on its duration, Employee and the Bank hereby stipulate and agree that the restriction set forth in this Section 8 as to Confidential Information that is not otherwise a trade secret, as defined by statute, or confidential customer or other third-party information, shall be at all times during Employee's employment with the Bank and for a period of three (3) years after the termination of that employment (by either party and regardless of reason).
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