Common use of Agreement to Maintain Confidentiality Clause in Contracts

Agreement to Maintain Confidentiality. (a.) Except as otherwise provided in this Agreement, during Employee's employment with Nucor and at all times after the termination of Employee's employment, Employee covenants and agrees to treat as confidential and not to negligently or intentionally disclose, and to use only for the advancement of the interests of Nucor, all Confidential Information submitted to the Employee or received, compiled, developed, designed, produced, accessed, or otherwise discovered by the Employee from time to time while employed by Nucor. Employee will not disclose or divulge the Confidential Information to any person, entity, firm or company whatsoever or use the Confidential Information for Employee's own benefit or for the benefit of any person, entity, firm or company other than Nucor. (b.) Employee specifically acknowledges that the Confidential Information, whether reduced to writing or maintained in the mind or memory of Employee, and whether compiled or created by Employee, Nucor, or any of its affiliates or customers, derives independent economic value from not being readily known to or ascertainable by proper means by others who could obtain economic value from the disclosure or use of the Confidential Information. Employee also acknowledges that reasonable efforts have been put forth by Nucor to maintain the secrecy of the Confidential Information, that the Confidential Information is and will remain the sole property of Nucor or any of its affiliates or customers, as the case may be, and that any retention and/or use of Confidential Information during or after the termination of Employee's employment with Nucor (except in the regular course of performing his duties hereunder) will constitute a misappropriation of the Confidential Information belonging to Nucor. (c.) Employee's obligations under this Section 10 will survive termination of his employment and will continue indefinitely. For purposes of this Section, information shall not be deemed to be "Confidential Information" to the extent that the information (i) is in the public domain, or hereafter becomes generally known or available through no action or omission on the part of Employee; (ii) is furnished to any person by Nucor without restriction on disclosure; (iii) becomes known to the Employee from a source other than Nucor, without a breach of any agreement with Nucor and without any restriction on disclosure; (iv) is required to be disclosed by judicial action, provided, however, that prompt notice of said judicial action shall have been given to Nucor and that efforts to avoid disclosure shall have been exhausted; or (v) is disclosed after written approval for the disclosure has been given by Nucor.

Appears in 6 contracts

Samples: Executive Employment Agreement (Nucor Corp), Executive Employment Agreement (Nucor Corp), Executive Employment Agreement (Nucor Corp)

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Agreement to Maintain Confidentiality. (a.) Except as otherwise provided in this Agreement, during Employee's ’s employment with Nucor and at all times after the termination of Employee's ’s employment, Employee covenants and agrees to treat as confidential and not to negligently or intentionally disclose, and to use only for the advancement of the interests of Nucor, all Confidential Information submitted to the Employee or received, compiled, developed, designed, produced, accessed, or otherwise discovered by the Employee from time to time while employed by Nucor. Employee will not disclose or divulge the Confidential Information to any person, entity, firm or company whatsoever or use the Confidential Information for Employee's ’s own benefit or for the benefit of any person, entity, firm or company other than Nucor. (b.) Employee specifically acknowledges that the Confidential Information, whether reduced to writing or maintained in the mind or memory of Employee, and whether compiled or created by Employee, Nucor, or any of its affiliates or customers, derives independent economic value from not being readily known to or ascertainable by proper means by others who could obtain economic value from the disclosure or use of the Confidential Information. Employee also acknowledges that reasonable efforts have been put forth by Nucor to maintain the secrecy of the Confidential Information, that the Confidential Information is and will remain the sole property of Nucor or any of its affiliates or customers, as the case may be, and that any retention and/or use of Confidential Information during or after the termination of Employee's ’s employment with Nucor (except in the regular course of performing his duties hereunder) will constitute a misappropriation of the Confidential Information belonging to Nucor. (c.) Employee's ’s obligations under this Section 10 will survive termination of his employment and will continue indefinitely. For purposes of this Section, information shall not be deemed to be "Confidential Information" to the extent that the information (i) is in the public domain, or hereafter becomes generally known or available through no action or omission on the part of Employee; (ii) is furnished to any person by Nucor without restriction on disclosure; (iii) becomes known to the Employee from a source other than Nucor, without a breach of any agreement with Nucor and without any restriction on disclosure; (iv) is required to be disclosed by judicial action, provided, however, that prompt notice of said judicial action shall have been given to Nucor and that efforts to avoid disclosure shall have been exhausted; or (v) is disclosed after written approval for the disclosure has been given by Nucor.

Appears in 1 contract

Samples: Retirement, Separation, Waiver and Release Agreement (Nucor Corp)

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Agreement to Maintain Confidentiality. (a.a) Except as otherwise provided in this Agreement, during Employee's employment with Nucor the Term and at all times after the termination of Employee's employmentthis Agreement, Employee Xxxxxxx covenants and agrees to treat as confidential and not to negligently or intentionally disclose, and to use only for the advancement of the interests of NucorUS LEC, all Confidential Information submitted received by Xxxxxxx prior to the Employee this Agreement or received, compiled, developed, designed, produced, accessed, or otherwise discovered by the Employee from time Xxxxxxx while providing consulting services to time while employed by NucorUS LEC. Employee Xxxxxxx will not disclose or divulge the Confidential Information to any person, entity, firm or company whatsoever or use the Confidential Information for Employee's Xxxxxxx'x own benefit or for the benefit of any person, entity, firm or company other than NucorUS LEC. (b.b) Employee Xxxxxxx specifically acknowledges that the Confidential Information, whether reduced to writing or maintained in the mind or memory of EmployeeXxxxxxx, and whether compiled or created by EmployeeXxxxxxx, NucorUS LEC, or any of its affiliates or customers, derives independent economic value from not being readily known to or ascertainable by proper means by others who could obtain economic value from the disclosure or use of the Confidential Information. Employee Xxxxxxx also acknowledges that reasonable efforts have been put forth by Nucor US LEC to maintain the secrecy of the Confidential Information, that the Confidential Information is and will remain the sole property of Nucor US LEC or any of its affiliates or customers, as the case may be, and that any retention and/or use of Confidential Information during or after the termination of Employee's employment with Nucor this Agreement (except in the regular course of Xxxxxxx performing his duties services hereunder) will constitute a misappropriation of the Confidential Information belonging to NucorUS LEC. (c.c) Employee's obligations under this Section 10 will survive termination of his employment and will continue indefinitely. For purposes of this SectionParagraph, information shall not be deemed to be "Confidential Information" to the extent that the information (i) is in the public domain, ; or hereafter becomes generally known or available through no action or omission on the part of EmployeeXxxxxxx; (ii) is furnished to any person by Nucor US LEC without restriction on disclosure; (iii) becomes known to the Employee Xxxxxxx from a source other than NucorUS LEC, without a breach of any agreement with Nucor US LEC and without any restriction on disclosure; or (iv) is required to be disclosed by judicial action, provided, however, that prompt notice of said judicial action shall have been given to Nucor and that efforts to avoid disclosure shall have been exhausted; or (v) is disclosed after written approval for the disclosure has been given by NucorUS LEC.

Appears in 1 contract

Samples: Consulting Agreement (Us Lec Corp)

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