Common use of Acknowledgment of Nature and Value of Confidential Information Clause in Contracts

Acknowledgment of Nature and Value of Confidential Information. For the purposes of this Section 6 only, the term "Company" shall include the Company, all subsidiaries of the Company and CNF. Executive recognizes, acknowledges and agrees: (i) that in the course of Executive's employment by the Company, it has been, and will continue to be, necessary for Executive to acquire, in a fiduciary capacity of trust, information which could include, in whole or in part, but is not limited to: information concerning the Company's rate schedules; rate quotations; the names, addresses, credit terms and nature of services provided by the vendors utilized by the Company; the names, addresses, credit terms and nature of services provided to customers of the Company; the identity of the Company's suppliers, sales representatives, shippers or other entities with whom Executive has come into contact as a result of his employment with the Company, or which should otherwise come into his knowledge during the term of this Agreement; the salaries, skills, education or abilities of the Company's employees; the Company's sales, sales volume, sales methods and sales proposals; the identities of the Company's customers and/or prospective customers; the identities of key purchasing personnel in the employ of customers and prospective customers; the amounts and/or kinds of customers' purchases from the Company; the Company's sources of information and supply; the Company's products and product designs; the Company's computer programs, system documentation, source code and algorithms, special hardware or software, service or product hardware or software, and related software or hardware development; any useful process, machine or other device or composition of matter which is new and which is being used or studied by the Company and is not described in a patent or described in any literature already published and distributed externally by the Company; the Company's manuals, formulae, tools, processes, methods, machines, compositions, ideas, improvements, trade secrets, including but not limited to information falling under the definition of a "trade secret" pursuant to the Uniform Trade Secret Act (or, if applicable, the version thereof adopted by Delaware), patents, inventions, intellectual property, or other information or materials relating to the Company's affairs (collectively referred to herein as the "Confidential Information"); (ii) that the Confidential Information is the property of the Company and constitutes a major asset of the Company; (iii) that the use, misappropriation or disclosure of the Confidential Information would constitute a breach of trust and could cause irreparable injury to the Company; and (iv) that it is essential to the protection of the Company's goodwill and to the maintenance of the Company's competitive position that the Confidential Information be kept secret and that Executive neither disclose the Confidential Information to others nor use the Confidential Information to Executive's own advantage or to the advantage of others.

Acknowledgment of Nature and Value of Confidential Information. For the purposes of this Section 6 only, the term "Company" shall include the Company, CNF, JLL Ventures (Delaware) Corp., a Delaware Corporation ("JLL"), and all subsidiaries of the Company and CNFJLL. Executive Employee recognizes, acknowledges and agrees: (i) that in the course of ExecutiveEmployee's employment by the Company, Company it has been, been and will continue to be, be necessary for Executive Employee to acquire, in a fiduciary capacity of trust, information which could include, in whole or in part, but is not limited to: information concerning the Company's rate schedules; rate quotations; the names, addresses, credit terms and nature of services provided by the vendors utilized by the Company; the names, addresses, credit terms and nature of services provided to customers of the Company; the identity of the Company's suppliers, sales representatives, shippers or other entities with whom Executive Employee has come into contact as a result of his employment with the Company, or which should otherwise come into his knowledge during the term of this Agreement; the salaries, skills, education or abilities of the Company's employees; the Company's sales, sales volume, sales methods and sales proposals; the identities of the Company's customers and/or prospective customers; the identities of key purchasing personnel in the employ of customers and prospective customers; the amounts and/or kinds of customers' purchases from the Company; the Company's sources of information and supply; the Company's products and product designs; the Company's computer programs, system documentation, source code and code, algorithms, special hardware or software, service or product hardware or software, and related software or hardware development; any useful process, machine or other device or composition of matter which is new and which is being used or studied by the Company and is not described in a patent or described in any literature already published and distributed externally by the Company; the Company's manuals, formulae, tools, processes, methods, machines, compositions, ideas, improvements, trade secrets, including but not limited to information falling under the definition of a "trade secret" pursuant to the Uniform Trade Secret Act (or, if applicable, the version thereof adopted by Delaware), patents, inventions, intellectual property, or other information or materials relating to the Company's affairs (collectively referred to herein as the "Confidential Information"); (ii) that the Confidential Information is the property of the Company and constitutes a major asset of the Company; (iii) that the use, misappropriation or disclosure of the Confidential Information would constitute a breach of trust and could cause irreparable injury to the Company; and (iv) that it is essential to the protection of the Company's goodwill and to the maintenance of the Company's competitive position that the Confidential Information be kept secret and that Executive Employee neither disclose the Confidential Information to others nor use the Confidential Information to ExecutiveEmployee's own advantage or to the advantage of others.