Common use of Access to and Agreement Not To Disclose Confidential Information Clause in Contracts

Access to and Agreement Not To Disclose Confidential Information. During Participant’s Company employment, the Company agrees to provide the Participant with some or all of the Company’s Confidential Information to which the Participant has not had previous access or knowledge. By executing this Agreement, the Participant agrees that the Confidential Information constitutes valuable, special and unique assets of the Company, developed at the Company’s great expense, the unauthorized use or disclosure of which would cause irreparable harm to the Company. The Participant understands and acknowledges that the Company is engaged in a specialized and competitive industry; that the Company relies heavily on information, data, programs, and processes it has developed and acquired; and that competitors can reap potential or real economic benefits from the possession of the Confidential Information that is otherwise not available to its competitors. The Participant understands and acknowledges, therefore, that the protection of the Company’s Confidential Information constitutes the Company’s legitimate business interest. The Participant acknowledges that the Confidential Information is the Company’s exclusive property, and the Participant will hold the Confidential Information in trust and solely for the Company’s benefit. The Participant further acknowledges that the Confidential Information includes “trade secrets” under Texas law and, in addition to the other protections provided in this Agreement, all trade secrets will be accorded the protection and benefits under Texas law and any other applicable law. The Participant waives any requirement that the Company submit proof of any trade secret’s economic value or post a bond or other security should the need arise. In exchange for the Company’s promise to provide the Participant with some or all of the Company’s Confidential Information to which the Participant has not previously had access or knowledge, the Participant agrees that he or she will not, either during the period of the Participant’s employment with the Company or at any time thereafter, use or rely upon for the Participant’s benefit or the benefit of another, or disclose, disseminate, or distribute to anyone, including, without limitation, any individual, person, firm, corporation, or other entity, or publish, or use for any purpose, any of the Confidential Information (whether acquired, learned, obtained, or developed by the Participant alone or in conjunction with others), except (A) as properly required in the ordinary course of the Company’s business or as the Company directs and authorizes; (B) as required by applicable law (if, to the extent reasonable and practicable, reasonable prior notice of such disclosure is given to the Company); or (C) to the extent such information is available to or known by the public (other than as a result of disclosure in violation of this Agreement). The Participant agrees that he or she will take all reasonable measures to protect the secrecy of and avoid unauthorized disclosure and unauthorized use of the Confidential Information. The Participant also agrees to notify the Company immediately in the event of any unauthorized use, reliance upon or disclosure of the Company’s Confidential Information of which the Participant is aware.

Access to and Agreement Not To Disclose Confidential Information. During the Participant’s Company employmentemployment with Company, the Company agrees to provide the Participant with some or all of the Company’s Confidential Information to which the Participant has not had previous access or knowledge. By executing this Agreement, the Participant agrees that the Confidential Information constitutes valuable, special and unique assets of the Company, developed at the Company’s great expense, the unauthorized use or disclosure of which would cause irreparable harm to the Company. The Participant understands and acknowledges that the Company is engaged in a specialized and competitive industry; that the Company relies heavily on information, data, programs, and processes it has developed and acquired; and that competitors can reap potential or real economic benefits from the possession of the Confidential Information that is otherwise not available to its competitors. The Participant understands and acknowledges, therefore, that the protection of the Company’s Confidential Information constitutes a legitimate business interest of the Company’s legitimate business interest. The Participant acknowledges that the Confidential Information is the Company’s exclusive property, and the Participant will hold the Confidential Information in trust and solely for the Company’s benefit. The Participant further acknowledges that portions of the Confidential Information includes constitute “trade secrets” under Texas and federal law and, in addition to the other protections provided in this Agreement, all trade secrets will be accorded the protection and benefits under Texas law law, federal law, and any other applicable law. The Participant waives any requirement that the Company submit proof of any trade secret’s economic value or post a bond or other security should the need arise. In exchange for the Company’s promise to provide the Participant with some or all of the Company’s Confidential Information to which the Participant has not previously had access or knowledge, the Participant agrees that he or she will not, either during the period of the Participant’s employment with the Company or at any time thereafter, use or rely upon for the Participant’s benefit or the benefit of another, or disclose, disseminate, or distribute to anyone, including, without limitation, any individual, person, firm, corporation, or other entity, or publish, or use for any purpose, any of the Confidential Information (whether acquired, learned, obtained, or developed by the Participant alone or in conjunction with others), except (A) as properly required in the ordinary course of the Company’s business or as the Company directs and authorizesauthorizes or; (B) as required by applicable law (if, to the extent reasonable and practicable, reasonable prior notice of such disclosure is given to the Company); or (C) to the extent such information is available to or known by the public (other than as a result of disclosure in violation of this Agreement). The Participant agrees that he or she will take all reasonable measures to protect the secrecy of and avoid unauthorized disclosure and unauthorized use of the Confidential Information. The Participant also agrees to notify the Company immediately in the event of any unauthorized use, reliance upon or disclosure of the Company’s Confidential Information of which the Participant is aware.

Access to and Agreement Not To Disclose Confidential Information. During ParticipantExecutive’s Company employmentEmployment Period, the Company agrees to provide the Participant Executive with some or all of the CompanyCompany and TCB’s Confidential Information to which the Participant Executive has not previously had access and of which Executive has not had previous access or knowledge. By executing this Agreementdocument, the Participant Executive agrees that the Confidential Information constitutes valuable, special and unique assets of the CompanyCompany and TCB assets, developed at the Company’s and TCB’s great expense, the unauthorized use or disclosure of which would cause irreparable harm to the CompanyCompany and TCB. The Participant Executive understands and acknowledges that the Company is and TCB are engaged in a highly specialized and competitive industry; that the Company relies and TCB rely heavily on information, data, programs, and processes it has they have developed and acquired; and that competitors can reap potential or real economic benefits from the possession of the Confidential Information that is otherwise not available to its the competitors. The Participant Executive understands and acknowledges, therefore, that the protection of the Company’s and TCB’s Confidential Information constitutes the Company’s and TCB’s legitimate business interest. The Participant Executive acknowledges that the Confidential Information is the Company’s exclusive propertyproperty of Company and TCB, and the Participant Executive will hold the Confidential Information in trust and solely for the Company’s benefit. The Participant Executive further acknowledges that the Confidential Information includes “trade secrets” under Texas law and, in addition to the other protections provided in this Agreement, all trade secrets will be accorded the protection protections and benefits under Texas law and any other applicable law. The Participant Executive waives any requirement that the Company submit proof of any trade secret’s economic value or post a bond or other security should the need arise. In exchange for the Company’s promise to provide the Participant Executive with some or all of the Company’s or TCB’s Confidential Information to which the Participant Executive has not previously had access or and of which Executive has not had previous knowledge, the Participant Executive agrees that he or she will not, either during the period of the Participant’s his employment with the Company or at any time thereafter, use or rely upon for the ParticipantExecutive’s benefit or the benefit of another, or disclose, disseminate, or distribute to anyone, including, without limitation, any individual, person, firm, corporation, or other entity, or publish, or use for any purpose, any of the Confidential Information (whether acquired, learned, obtained, or developed by the Participant Executive alone or in conjunction with others), except (Ai) as properly required in the ordinary course of the Company’s business or as the Company directs and authorizes; (Bii) as required by applicable law (ifso long as, to the extent reasonable and practicable, reasonable prior notice of such disclosure is given to the Company); or (Ciii) to the extent such information is available to or known by the public (other than as a result of disclosure in violation of this Agreementhereof). The Participant Executive agrees that he or she will take all reasonable measures to protect the secrecy of and avoid unauthorized disclosure and unauthorized use of the Confidential Information. The Participant Executive also agrees to notify the Company immediately in the event of any unauthorized use, reliance upon use or disclosure of the Company’s or TCB’s Confidential Information of which the Participant is awareInformation.

Access to and Agreement Not To Disclose Confidential Information. During ParticipantExecutive’s Company employmentEmployment Period, the Company agrees to provide the Participant Executive with some or all of the Company’s Confidential Information to which the Participant Executive has not previously had access and of which Executive has not had previous access or knowledge. By executing this Agreementdocument, the Participant Executive agrees that the Confidential Information constitutes valuable, special and unique assets of the CompanyCompany assets, developed at the Company’s great expense, the unauthorized use or disclosure of which would cause irreparable harm to the Company. The Participant Executive understands and acknowledges that the Company is engaged in a highly specialized and competitive industry; that the Company relies heavily on information, data, programs, and processes it has developed and acquired; and that competitors can reap potential or real economic benefits from the possession of the Confidential Information that is otherwise not available to its the competitors. The Participant Executive understands and acknowledges, therefore, that the protection of the Company’s Confidential Information constitutes the Company’s legitimate business interest. The Participant Executive acknowledges that the Confidential Information is the exclusive property of Company’s exclusive property, and the Participant Executive will hold the Confidential Information in trust and solely for the Company’s benefit. The Participant Executive further acknowledges that the Confidential Information includes “trade secrets” under Texas law (and, including, without limitation, the Texas Trade Secrets Act) and, in addition to the other protections provided in this Agreement, all trade secrets will be accorded the protection protections and benefits under Texas law and any other applicable law. The Participant Executive waives any requirement that the Company submit proof of any trade secret’s economic value or post a bond or other security should the need arise. In exchange for the Company’s promise to provide the Participant Executive with some or all of the Company’s Confidential Information to which the Participant Executive has not previously had access or and of which Executive has not had previous knowledge, the Participant Executive agrees that he or she will not, either during the period of the Participant’s his employment with the Company or at any time thereafter, use or rely upon for the ParticipantExecutive’s benefit or the benefit of another, or rely upon, disclose, disseminate, or distribute to anyone, including, without limitation, any individual, person, firm, corporation, or other entity, or publish, or use or rely upon for any purpose, any of the Confidential Information (whether acquired, learned, obtained, or developed by the Participant Executive alone or in conjunction with others), except (Ai) as properly required in the ordinary course of the Company’s business or as the Company directs and authorizes; (Bii) as required by applicable law (if, to the extent reasonable and practicable, reasonable prior notice of such disclosure is given to the Company); or (Ciii) to the extent such information is available to or known by the public (other than as a result of disclosure in violation of hereof); or (iv) to enforce his rights under this Agreement). The Participant Executive agrees that he or she will take all reasonable measures to protect the secrecy of and avoid unauthorized disclosure and unauthorized use of the Confidential Information. The Participant Executive also agrees to notify the Company immediately in the event of any unauthorized use, reliance upon use or disclosure of the Company’s Confidential Information of which the Participant is awareInformation.

Access to and Agreement Not To Disclose Confidential Information. During ParticipantExecutive’s Company employmentEmployment Period, the Company agrees to provide the Participant Executive with some or all of the Company’s Confidential Information to which the Participant Executive has not previously had access and of which Executive has not had previous access or knowledge. By executing this Agreementdocument, the Participant Executive agrees that the Confidential Information constitutes valuable, special and unique assets of the CompanyCompany assets, developed at the Company’s great expense, the unauthorized use or disclosure of which would cause irreparable harm to the Company. The Participant Executive understands and acknowledges that the Company is engaged in a highly specialized and competitive industry; that the Company relies heavily on information, data, programs, and processes it has developed and acquired; and that competitors can reap potential or real economic benefits from the possession of the Confidential Information that is otherwise not available to its the competitors. The Participant Executive understands and acknowledges, therefore, that the protection of the Company’s Confidential Information constitutes the Company’s legitimate business interest. The Participant Executive acknowledges that the Confidential Information is the exclusive property of Company’s exclusive property, and the Participant Executive will hold the Confidential Information in trust and solely for the Company’s benefit. The Participant Executive further acknowledges that the Confidential Information includes “trade secrets” under Texas law (and, including, without limitation, the Texas Trade Secrets Act) and, in addition to the other protections provided in this Agreement, all trade secrets will be accorded the protection protections and benefits under Texas law and any other applicable law. The Participant Executive waives any requirement that the Company submit proof of any trade secret’s economic value or post a bond or other security should the need arise. In exchange for the Company’s promise to provide the Participant Executive with some or all of the Company’s Confidential Information to which the Participant Executive has not previously had access or and of which Executive has not had previous knowledge, the Participant Executive agrees that he or she will not, either during the period of the Participant’s her employment with the Company or at any time thereafter, use or rely upon for the ParticipantExecutive’s benefit or the benefit of another, or rely upon, disclose, disseminate, or distribute to anyone, including, without limitation, any individual, person, firm, corporation, or other entity, or publish, or use or rely upon for any purpose, any of the Confidential Information (whether acquired, learned, obtained, or developed by the Participant Executive alone or in conjunction with others), except (Ai) as properly required in the ordinary course of the Company’s business or as the Company directs and authorizes; (Bii) as required by applicable law (if, to the extent reasonable and practicable, reasonable prior notice of such disclosure is given to the Company); or (Ciii) to the extent such information is available to or known by the public (other than as a result of disclosure in violation of hereof); or (iv) to enforce her rights under this Agreement). The Participant Executive agrees that he or she will take all reasonable measures to protect the secrecy of and avoid unauthorized disclosure and unauthorized use of the Confidential Information. The Participant Executive also agrees to notify the Company immediately in the event of any unauthorized use, reliance upon use or disclosure of the Company’s Confidential Information of which the Participant is awareInformation.

Access to and Agreement Not To Disclose Confidential Information. During ParticipantExecutive’s Company employmentEmployment Period, the Company agrees to provide the Participant Executive with some or all of the Company’s Confidential Information to which the Participant Executive has not previously had access and of which Executive has not had previous access or knowledge. By executing this Agreementdocument, the Participant Executive agrees that the Confidential Information constitutes valuable, special and unique assets of the CompanyCompany assets, developed at the Company’s great expense, the unauthorized use or disclosure of which would cause irreparable harm to the Company. The Participant Executive understands and acknowledges that the Company is engaged in a highly specialized and competitive industry; that the Company relies heavily on information, data, programs, and processes it has developed and acquired; and that competitors can reap potential or real economic benefits from the possession of the Confidential Information that is otherwise not available to its the competitors. The Participant Executive understands and acknowledges, therefore, that the protection of the Company’s Confidential Information constitutes the Company’s legitimate business interest. The Participant Executive acknowledges that the Confidential Information is the exclusive property of Company’s exclusive property, and the Participant Executive will hold the Confidential Information in trust and solely for the Company’s benefit. The Participant Executive further acknowledges that the Confidential Information includes “trade secrets” under Texas law (and, including, without limitation, the Texas Trade Secrets Act) and, in addition to the other protections provided in this Agreement, all trade secrets will be accorded the protection protections and benefits under Texas law and any other applicable law. The Participant Executive waives any requirement that the Company submit proof of any trade secret’s economic value or post a bond or other security should the need arise. In exchange for the Company’s promise to provide the Participant Executive with some or all of the Company’s Confidential Information to which the Participant Executive has not previously had access or and of which Executive has not had previous knowledge, the Participant Executive agrees that he or she will not, either during the period of the Participant’s his employment with the Company or at any time thereafter, use or rely upon for the ParticipantExecutive’s benefit or the benefit of another, or disclose, disseminate, or distribute to anyone, including, without limitation, any individual, person, firm, corporation, or other entity, or publish, or use for any purpose, any of the Confidential Information (whether acquired, learned, obtained, or developed by the Participant Executive alone or in conjunction with others), except (Ai) as properly required in the ordinary course of the Company’s business or as the Company directs and authorizes; (Bii) as required by applicable law (ifso long as, to the extent reasonable and practicable, reasonable prior notice of such disclosure is given to the Company); or (Ciii) to the extent such information is available to or known by the public (other than as a result of disclosure in violation of hereof); or (iv) to enforce his rights under this Agreement). The Participant Executive agrees that he or she will take all reasonable measures to protect the secrecy of and avoid unauthorized disclosure and unauthorized use of the Confidential Information. The Participant Executive also agrees to notify the Company immediately in the event of any unauthorized use, reliance upon use or disclosure of the Company’s Confidential Information of which the Participant is awareInformation.

Access to and Agreement Not To Disclose Confidential Information. During ParticipantExecutive’s Company employmentEmployment Period, the Company agrees to provide the Participant Executive with some or all of the Company’s Confidential Information to which the Participant Executive has not previously had access and of which Executive has not had previous access or knowledge. By executing this Agreementdocument, the Participant Executive agrees that the Confidential Information constitutes valuable, special and unique assets of the CompanyCompany assets, developed at the Company’s great expense, the unauthorized use or disclosure of which would cause irreparable harm to the Company. The Participant Executive understands and acknowledges that the Company is are engaged in a highly specialized and competitive industry; that the Company relies rely heavily on information, data, programs, and processes it has they have developed and acquired; and that competitors can reap potential or real economic benefits from the possession of the Confidential Information that is otherwise not available to its the competitors. The Participant Executive understands and acknowledges, therefore, that the protection of the Company’s Confidential Information constitutes the Company’s legitimate business interest. The Participant Executive acknowledges that the Confidential Information is the exclusive property of Company’s exclusive property, and the Participant Executive will hold the Confidential Information in trust and solely for the Company’s benefit. The Participant Executive further acknowledges that the Confidential Information includes “trade secrets” under Texas law and, in addition to the other protections provided in this Agreement, all trade secrets will be accorded the protection protections and benefits under Texas law and any other applicable law. The Participant Executive waives any requirement that the Company submit proof of any trade secret’s economic value or post a bond or other security should the need arise. In exchange for the Company’s promise to provide the Participant Executive with some or all of the Company’s Confidential Information to which the Participant Executive has not previously had access or and of which Executive has not had previous knowledge, the Participant Executive agrees that he or she will not, either during the period of the Participant’s his employment with the Company or at any time thereafter, use or rely upon for the ParticipantExecutive’s benefit or the benefit of another, or disclose, disseminate, or distribute to anyone, including, without limitation, any individual, person, firm, corporation, or other entity, or publish, or use for any purpose, any of the Confidential Information (whether acquired, learned, obtained, or developed by the Participant Executive alone or in conjunction with others), except (Ai) as properly required in the ordinary course of the Company’s business or as the Company directs and authorizes; (Bii) as required by applicable law (ifso long as, to the extent reasonable and practicable, reasonable prior notice of such disclosure is given to the Company); or (Ciii) to the extent such information is available to or known by the public (other than as a result of disclosure in violation of this Agreementhereof). The Participant Executive agrees that he or she will take all reasonable measures to protect the secrecy of and avoid unauthorized disclosure and unauthorized use of the Confidential Information; or (iv) to enforce his rights under this Agreement. The Participant Executive also agrees to notify the Company immediately in the event of any unauthorized use, reliance upon use or disclosure of the Company’s Confidential Information of which the Participant is awareInformation.