Common use of Applicability to Past Activities Clause in Contracts

Applicability to Past Activities. To the extent Employee has been engaged to provide services by the Company or its predecessor for a period of time before the effective date of this Agreement (the “Prior Engagement Period”), Employee agrees that if and to the extent that, during the Prior Engagement Period: (i) Employee received access to any information from or on behalf of the Company that would have been proprietary information if Employee had received access to such information during the period of Employee’s Employment with the Company under this Agreement; or (ii) Employee conceived, created, authored, invented, developed or reduced to practice any item, including any intellectual property rights with respect thereto, that would have been an Invention if conceived, created, authored, invented, developed or reduced to practice during the period of Employee’s Employment with the Company under this Agreement; then any such information shall be deemed proprietary information hereunder and any such item shall be deemed an Invention hereunder, and this Agreement shall apply to such information or item as if conceived, created, authored, invented, developed or reduced to practice under this Agreement.

Applicability to Past Activities. To Consultant agrees that if and to the extent Employee has that Consultant provided any services or made efforts on behalf of or for the benefit of Company, or related to the current or prospective business of Company in anticipation of Consultant’s involvement with the Company, that would have been engaged to provide services by “Services” if performed during the Company or its predecessor for a period of time before the effective date term of this Agreement (the “Prior Engagement Consulting Period”), Employee agrees that if ) and to the extent that, that during the Prior Engagement Consulting Period: (i) Employee Consultant received access to any information from or on behalf of the Company that would have been proprietary information “Confidential Information” if Employee had Consultant received access to such information during the period term of Employee’s Employment with the Company under this Agreement; or (ii) Employee Consultant (a) conceived, created, authored, invented, developed or reduced to practice any item, item (including any intellectual property rights with respect thereto) on behalf of or for the benefit of Company, or related to the current or prospective business of Company in anticipation of Consultant’s involvement with Company, that would have been an Invention if conceived, created, authored, invented, developed or reduced to practice during the period term of Employee’s Employment with this Agreement; or (b) incorporated into any such item any pre-existing invention, improvement, development, concept, discovery or other proprietary information that would have been a Prior Invention if incorporated into such item during the Company under term of this Agreement; then any such information shall be deemed proprietary information Confidential Information hereunder and any such item shall be deemed an Invention or Prior Invention hereunder, and this Agreement shall apply to such activities, information or item as if disclosed, conceived, created, authored, invented, developed or reduced to practice under during the term of this Agreement. Consultant further acknowledges that Consultant has been fully compensated for all services provided during any such Prior Consulting Period.

Applicability to Past Activities. To The Company and Consultant acknowledge that Consultant may have performed work, activities, services or made efforts on behalf of or for the extent Employee has been engaged benefit of the Company, or related to provide services by the current or prospective business of the Company or its predecessor in anticipation of Consultant’s involvement with the Company, that would have been “Services” if performed during the term of this Agreement, for a period of time before prior to the effective date Effective Date of this Agreement (the “Prior Engagement Consulting Period”). Accordingly, Employee agrees that if and to the extent that, during the Prior Engagement Consulting Period: (i) Employee Consultant received access to any information from or on behalf of the Company that would have been proprietary information Confidential Information (as defined below) if Employee had Consultant received access to such information during the period term of Employee’s Employment with the Company under this Agreement; or (ii) Employee Consultant (a) conceived, created, authored, invented, developed or reduced to practice any item, item (including any intellectual property rights with respect thereto) on behalf of or for the benefit of the Company, or related to the current or prospective business of the Company in anticipation of Consultant’s involvement with the Company, that would have been an Invention (as defined below) if conceived, created, authored, invented, developed or reduced to practice during the period term of Employee’s Employment with this Agreement; or (b) incorporated into any such item any pre-existing invention, improvement, development, concept, discovery or other proprietary information that would have been a Prior Invention (as defined below) if incorporated into such item during the Company under term of this Agreement; then any such information shall be deemed proprietary information “Confidential Information” hereunder and any such item shall be deemed an Invention “Invention” or “Prior Invention” hereunder, and this Agreement shall apply to such activities, information or item as if disclosed, conceived, created, authored, invented, developed or reduced to practice under during the term of this Agreement.

Applicability to Past Activities. To The Company and I acknowledge that I may have performed work, activities, services or made efforts on behalf of or for the extent Employee has been engaged benefit of the Company, or related to provide services by the current or prospective business of the Company or its predecessor in anticipation of my involvement with the Company, that would have been within the scope of my duties under this agreement if performed during the term of this Agreement, for a period of time before prior to the effective date Effective Date of this Agreement (the “Prior Engagement Period”). Accordingly, Employee agrees that if and to the extent that, during the Prior Engagement Period: (i) Employee I received access to any information from or on behalf of the Company that would have been proprietary information Confidential Information (as defined below) if Employee had I received access to such information during the period term of Employee’s Employment with the Company under this Agreement; or (ii) Employee I (a) conceived, created, authored, invented, developed or reduced to practice any item, item (including any intellectual property rights with respect thereto) on behalf of or for the benefit of the Company, or related to the current or prospective business of the Company in anticipation of my involvement with the Company, that would have been an Invention (as defined below) if conceived, created, authored, invented, developed or reduced to practice during the period term of Employee’s Employment with this Agreement; or (b) incorporated into any such item any pre-existing invention, improvement, development, concept, discovery or other proprietary information that would have been a Prior Invention (as defined below) if incorporated into such item during the Company under term of this Agreement; then any such information shall be deemed proprietary information “Confidential Information” hereunder and any such item shall be deemed an Invention “Invention” or “Prior Invention” hereunder, and this Agreement shall apply to such activities, information or item as if disclosed, conceived, created, authored, invented, developed or reduced to practice under during the term of this Agreement.

Applicability to Past Activities. To The Company and I acknowledge that I may have performed work, activities, services or made efforts on behalf of or for the extent Employee has been engaged benefit of the Company, or related to provide services by the current or prospective business of the Company or its predecessor in anticipation of my involvement with the Company, that would have been within the scope of my duties under this agreement if performed during the term of this Agreement, for a period of time before prior to the effective date Effective Date of this Agreement (the “Prior Engagement Period”). Accordingly, Employee agrees that if and to the extent that, during the Prior Engagement Period: (i) Employee I received access to any information from or on behalf of the Company that would have been proprietary information Confidential Information (as defined below) if Employee had I received access to such information during the period term of Employee’s Employment with the Company under this Agreement; or (ii) Employee I (a) conceived, created, authored, invented, developed or reduced to practice any item, item (including any intellectual property rights with respect thereto) on behalf of or for the benefit of the Company, or related to the current or prospective business of the Company in anticipation of my involvement with the Company, that would have been an Invention (as defined below) if conceived, created, authored, invented, developed or reduced to practice during the period term of Employee’s Employment with this Agreement; or (b) incorporated into any such item any pre-existing invention, improvement, development, concept, discovery or other proprietary information that would have been a Prior Invention (as defined below) if incorporated into such item during the Company under term of this Agreement; then any such information shall be deemed proprietary information “Confidential Information” hereunder and any such item shall be deemed an Invention “Invention” or “Prior Invention” hereunder, and this Agreement shall apply to such information activities, information, or item as if disclosed, conceived, created, authored, invented, developed or reduced to practice under during the term of this Agreement.

Applicability to Past Activities. To the extent Employee has you have been engaged to provide services by the Company or its predecessor for a period of time before the effective date of this Agreement (the “Prior Engagement Period”), Employee agrees you agree that if and to the extent that, during the Prior Engagement Period: (i) Employee you received access to any information from or on behalf of the Company that would have been proprietary information Proprietary Information if Employee you had received access to such information during the period of Employee’s Employment your employment with the Company under this Agreement; or Confidentiality, Invention Assignment, Non-Solicit. Non-Compete and Arbitration Agreement (Colorado) (ii) Employee you conceived, created, authored, invented, developed or reduced to practice any item, including any intellectual property rights with respect thereto, that would have been an Invention if conceived, created, authored, invented, developed or reduced to practice during the period of Employee’s Employment your employment with the Company under this Agreement; then any such information shall be deemed proprietary information Proprietary Information hereunder and any such item shall be deemed an Invention hereunder, and this Agreement shall apply to such information or item as if conceived, created, authored, invented, developed or reduced to practice under this Agreement.

Applicability to Past Activities. To Consultant agrees that if and to the extent Employee has that Consultant provided any services or made efforts on behalf of or for the benefit of Company, or related to the current or prospective business of Company in anticipation of Consultant’s involvement with the Company, that would have been engaged to provide services by “Services” if performed during the Company or its predecessor for a period of time before the effective date term of this Agreement (the “Prior Engagement Consulting Period”), Employee agrees that if ) and to the extent that, that during the Prior Engagement Consulting Period: (i) Employee Consultant received access to any information from or on behalf of the Company that would have been proprietary information “Confidential Information” if Employee had Consultant received access to such information during the period term of Employee’s Employment with the Company under this Agreement; or (ii) Employee Consultant (a) conceived, created, authored, invented, developed or reduced to practice any item, item (including any intellectual property rights with respect thereto) on behalf of or for the benefit of Company, or related to the current or prospective business of Company in anticipation of Consultant’s involvement with Company, that would have been an Invention if conceived, created, authored, invented, developed or reduced to practice during the period term of Employee’s Employment with this Agreement, or (b) incorporated into any such item any pre-existing invention, improvement, development, concept, discovery or other proprietary information that would have been a Prior Invention if incorporated into such item during the Company under term of this Agreement; then any such information shall be deemed proprietary information Confidential Information hereunder and any such item shall be deemed an Invention or Prior Invention hereunder, and this Agreement shall apply to such activities, information or item as if disclosed, conceived, created, authored, invented, developed or reduced to practice under during the term of this Agreement. Consultant further acknowledges that Consultant has been fully compensated for all services provided during any such Prior Consulting Period.

Applicability to Past Activities. To the extent Employee has been engaged to provide services by the Company or its predecessor for a period of time before the effective date of this Agreement (the “Prior Engagement Period”), Employee agrees that if If and to the extent that, for a period of time prior to the Execution Date (the “Prior Consulting Period”), Provider or Consultant provided any services or made efforts on behalf of or for the benefit of the Company, or related to the current or prospective business of the Company in anticipation of Consultant’s involvement with the Company, that would have been Services if performed during the Prior Engagement Periodterm of this Agreement, and: (i) Employee Provider/Consultant received access to any information from or on behalf of the Company that would have been proprietary information Confidential Information if Employee had Provider/Consultant received access to such information during the period term of Employee’s Employment with the Company under this Agreement; or (ii) Employee Provider/Consultant (a) conceived, created, authored, invented, developed or reduced to practice any item, item (including any intellectual property rights with respect thereto) on behalf of or for the benefit of the Company, or related to the current or prospective business of the Company in anticipation of Consultant’s involvement with the Company, that would have been an Invention if conceived, created, authored, invented, developed or reduced to practice during the period term of Employee’s Employment with the Company under this Agreement; or (b) incorporated into any such item any pre-existing invention, improvement, development, concept, discovery or other proprietary information; then any such information shall be deemed proprietary information “Confidential Information” hereunder and any such item shall be deemed an Invention “Invention” hereunder, and this Agreement shall apply to such activities, information or item as if disclosed, conceived, created, authored, invented, developed or reduced to practice under during the term of this Agreement.

Applicability to Past Activities. To the extent Employee has The Company and I acknowledge that I have been engaged to provide services by the Company or its predecessor for a period of time before prior to the effective date of this Agreement (the “Prior Engagement Period”). Accordingly, Employee agrees I agree that if and to the extent that, during the Prior Engagement Period: (i) Employee I received access to any information from or on behalf of the Company that would have been proprietary information “Company Confidential Information” (as defined below) if Employee had I received access to such information during the period of Employee’s Employment my employment with the Company under this Agreement; or (ii) Employee I conceived, created, authored, invented, developed or reduced to practice any item, including any intellectual property rights with respect thereto, that would have been an Invention “Invention” (as defined below) if conceived, created, authored, invented, developed or reduced to practice during the period of Employee’s Employment my employment with the Company under this Agreement; then any such information shall be deemed proprietary information “Company Confidential Information” hereunder and any such item shall be deemed an Invention “Invention” hereunder, and this Agreement shall apply to such information or item as if conceived, created, authored, invented, developed or reduced to practice under this Agreement.

Applicability to Past Activities. To the extent Employee has been engaged to provide services by the Company or its predecessor for a period of time before the effective date of this Agreement (the “‘’Prior Engagement Period”), Employee agrees that if and to the extent that, during the Prior Engagement Period: (i) Employee received access to any information from or on behalf of the Company that would have been proprietary information if Employee had received access to such information during the period of Employee’s Employment with the Company under this Agreement; or (ii) Employee conceived, created, authored, invented, developed or reduced to practice any item, including any intellectual property rights with respect thereto, that would have been an Invention if conceived, created, authored, invented, developed or reduced to practice during the period of Employee’s Employment with the Company under this Agreement; then any such information shall be deemed proprietary information hereunder and any such item shall be deemed an Invention hereunder, and this Agreement shall apply to such information or item as if conceived, created, authored, invented, developed or reduced to practice under this Agreement.

Applicability to Past Activities. To Consultant agrees that if and to the extent Employee has that Consultant provided any services or made efforts for the benefit of Company, or related to the current or prospective business of Company in anticipation of Consultant’s involvement with the Company, that would have been engaged to provide services by “Services” if performed during the Company or its predecessor for a period of time before the effective date term of this Agreement (the “Prior Engagement Consulting Period”), Employee agrees that if ) and to the extent that, that during the Prior Engagement Consulting Period: (i) Employee Consultant received access to any information from or on behalf of the Company that would have been proprietary information if Employee had received access to such information Confidential Information during the period term of Employee’s Employment with the Company under this Agreement; or (ii) Employee Consultant conceived, created, authored, invented, developed or reduced to practice any item, item (including any intellectual property rights with respect thereto) for the benefit of Company, or related to the current or prospective business of Company in anticipation of Consultant’s involvement with Company, that would have been an Invention if conceived, created, authored, invented, developed or reduced to practice during the period term of Employee’s Employment with the Company under this Agreement; then any such information shall be deemed proprietary information “Confidential Information” hereunder and any such item shall be deemed an Invention “Invention” hereunder, and this Agreement shall apply to such information or item as if conceived, created, authored, invented, developed or reduced to practice under it were during the term of this Agreement.. Consultant further acknowledges that Consultant has been fully compensated for all services provided during any such Prior Consulting Period. 

Applicability to Past Activities. To the extent Employee has been engaged to provide services by the Company or its predecessor for a period of time before the effective date of this Agreement (the “Prior Engagement Period”), Employee agrees that if and to the extent that, during the Prior Engagement Period: (i) Employee received access to any information from or on behalf of the Company that would have been proprietary information if Employee had received access to such information during the period of Employee’s Employment with the Company under this Agreement; or (ii) Employee conceived, created, authored, invented, developed or reduced to practice any item, including any intellectual property rights with respect thereto, that would have been an Invention if conceived, created, authored, invented, developed or reduced to practice during the period of Employee’s Employment with the Company under this Agreement; , then any such information shall be deemed proprietary information hereunder and any such item shall be deemed an Invention hereunder, and this Agreement shall apply to such information or item as if conceived, created, authored, invented, developed or reduced to practice under this Agreement.