AND CONFIDENTIALITY. (a) So long as the Executive is employed by the Employer under this Agreement and unless this Agreement is terminated for any reason, the Executive agrees not to enter into competitive endeavors. (b) During the Employment Term and any period thereafter during which or in respect of which the Executive receives payments from the Employer under Section 9, the Executive shall hold in a fiduciary capacity for the benefit of the Employer all secret or confidential information, knowledge or data relating to the Employer, and their respective businesses, which shall have been obtained by the Executive during the Executive's employment by the Employer and which shall not be or become public knowledge (other than by acts by the Executive or representatives of the Executive in violation of this Agreement). After termination of the Executive's employment with the Employer, the Executive shall not, without the prior written consent of the Employer or as may otherwise be required by law or legal process, communicate or divulge any such information, knowledge or data to anyone other than the Employer and those designated by it. In no event shall an asserted violation of the provisions of this Section 14 constitute a basis for deferring or withholding any amounts otherwise payable to the Executive under Section 9(f) or, during the Transition Period, Sections 9(a) or 9(b) of this Agreement.
Appears in 3 contracts
Samples: Executive Employment Agreement (Superior Telecom Inc), Executive Employment Agreement (Superior Telecom Inc), Executive Employment Agreement (Superior Telecom Inc)
AND CONFIDENTIALITY. (a) So long as the Executive is employed by the Employer under this Agreement and unless this Agreement is terminated for any reason, the Executive agrees not to enter into competitive endeavors.
(b) During the Employment Term and any period thereafter during which or in respect of which the Executive receives payments from the Employer under Section 910, the Executive shall hold in a fiduciary capacity for the benefit of the Employer all secret or confidential information, knowledge or data relating to the Employer, and their respective businesses, which shall have been obtained by the Executive during the Executive's employment by the Employer and which shall not be or become public knowledge (other than by acts by the Executive or representatives of the Executive in violation of this Agreement). After termination of the Executive's employment with the Employer, the Executive shall not, without the prior written consent of the Employer or as may otherwise be required by law or legal process, communicate or divulge any such information, knowledge or data to anyone other than the Employer and those designated by it. In no event shall an asserted violation of the provisions of this Section 14 constitute a basis for deferring or withholding any amounts otherwise payable to the Executive under Section 9(f) or, during the Transition Period, Sections 9(a) or 9(b) of this Agreement.
Appears in 1 contract
Samples: Executive Employment Agreement (Superior Telecom Inc)