Common use of Certain Covenants of the Employee Clause in Contracts

Certain Covenants of the Employee. (a) The Employee acknowledges that by his employment he has been and will continue to be in a confidential relationship with the Corporation and will have access to confidential information and trade secrets of the Corporation, its subsidiaries and affiliates (collectively, the "Confidential Information"). Confidential Information includes, but is not limited to, customer and client lists, financial information, price lists, marketing and sales strategies and procedures, computer programs, databases and software, supplier, vendor and service information, personnel information, operating procedures and techniques, business plans and systems, and all other records, files, and information in respect of the Corporation. During the term of his employment by the Corporation and thereafter, the Employee shall maintain the strictest confidentiality of all Confidential Information and shall not use or permit the use of, or disclose, discuss, communicate or transmit or permit the disclosure, discussion, communication or transmission of, any Confidential Information. This paragraph shall not apply to (i) information that, by means other than the Employee's direct or indirect disclosure, becomes generally known to the public, or (ii) information the disclosure of which is compelled by law (including judicial or administrative proceedings and legal process). In that connection, in the event that the Employee is requested or required (by oral question, interrogatories, requests for information or documents, subpoenas, civil investigative demand or other legal process) to disclose any Confidential Information, the Employee agrees to provide the Corporation with prompt written notice of such request or requirement so that the Corporation may seek an appropriate protective order or relief therefrom or may waive the requirements or this paragraph 3(a). If, failing the entry of a protective order or the receipt of a waiver hereunder, the Employee is compelled to disclose Confidential Information under pain of liability for contempt or other censure or penalty, the Employee may disclose such Confidential Information to the extent so required. (b) In the event of a breach or threatened breach by the Employee of any of the provisions of paragraph 3(a), the Corporation shall be entitled to seek an injunction to be issued by any court or tribunal of competent jurisdiction to restrain the Employee from committing or continuing any such violation. In any proceeding for an injunction, the Employee agrees that his ability to answer in damages shall not be a bar or be interposed as a defense to the granting of a temporary or permanent injunction against him. The Employee acknowledges that the Corporation will not have an adequate remedy at law in the event of any breach by him as aforesaid and that the Corporation may suffer irreparable damage and injury in the event of such a breach by him. Nothing contained herein shall be construed as prohibiting the Corporation from pursuing any other remedy or remedies available to the Corporation in respect of such breach or threatened breach.

Certain Covenants of the Employee. (a) The Employee acknowledges that by his employment he has been and will continue to be in a confidential relationship with the Corporation and will have access to confidential information and trade secrets of the Corporation, its subsidiaries and affiliates affiliated corporations (collectively, the "Confidential Information"). Confidential Information includes, but is not limited to, customer and client lists, financial information, price lists, marketing and sales strategies and procedures, computer programs, databases and software, supplier, vendor and service information, personnel information, operating procedures and techniques, business plans and systems, and all other records, files, and information in respect of the Corporation. During the term of his employment by the Corporation and thereafter, the Employee shall maintain the strictest confidentiality of all Confidential Information and shall not use or permit the use of, or disclose, discuss, communicate or transmit or permit the disclosure, discussion, communication or transmission of, any Confidential Information. This paragraph shall not apply to (i) information that, by means other than the Employee's direct or indirect disclosure, becomes generally known to the public, or (ii) information the disclosure of which is compelled by law (including judicial or administrative proceedings and legal process). In that connection, in the event that the Employee is requested or required (by oral question, interrogatories, requests for information or documents, subpoenas, civil investigative demand or other legal process) to disclose any Confidential Information, the Employee agrees to provide the Corporation with prompt written notice of such request or requirement so that the Corporation may seek an appropriate protective order or relief therefrom or may waive the requirements or this paragraph 3(a4(a). If, failing the entry of a protective order or the receipt of a waiver hereunder, the Employee is compelled to disclose Confidential Information under pain of liability for contempt or other censure or penalty, the Employee may disclose such Confidential Information to the extent so required. (b) In the event of a breach or threatened breach by the Employee of any of the provisions of paragraph 3(a4(a), the Corporation shall be entitled to seek an injunction to be issued by any court or tribunal of competent jurisdiction to restrain the Employee from committing or continuing any such violation. In any proceeding for an injunction, the Employee agrees that his ability to answer in damages shall not be a bar or be interposed as a defense to the granting of a temporary or permanent injunction against him. The Employee acknowledges that the Corporation will not have an adequate remedy at law in the event of any breach by him as aforesaid and that the Corporation may suffer irreparable damage and injury in the event of such a breach by him. Nothing contained herein shall be construed as prohibiting the Corporation from pursuing any other remedy or remedies available to the Corporation in respect of such breach or threatened breach.

Certain Covenants of the Employee. (a) The Employee acknowledges that by his employment he has been and will continue to be in a confidential relationship with the Corporation and will have access to confidential information and trade secrets of the Corporation, its subsidiaries and affiliates affiliated corporations (collectively, the "“Confidential Information"”). Confidential Information includes, but is not limited to, customer and client lists, financial information, price lists, marketing and sales strategies and procedures, computer programs, databases and software, supplier, vendor and service information, personnel information, operating procedures and techniques, business plans and systems, and all other records, files, and information in respect of the Corporation. During the term of his employment by the Corporation and thereafter, the Employee shall maintain the strictest confidentiality of all Confidential Information and shall not use or permit the use of, or disclose, discuss, communicate or transmit or permit the disclosure, discussion, communication or transmission of, any Confidential Information. This paragraph shall not apply to (i) information that, by means other than the Employee's ’s direct or indirect disclosure, becomes generally known to the public, or (ii) information the disclosure of which is compelled by law (including judicial or administrative proceedings and legal process). In that connection, in the event that the Employee is requested or required (by oral question, interrogatories, requests for information or documents, subpoenas, civil investigative demand or other legal process) to disclose any Confidential Information, the Employee agrees to provide the Corporation with prompt written notice of such request or requirement so that the Corporation may seek an appropriate protective order or relief therefrom or may waive the requirements or this paragraph 3(a4(a). If, failing the entry of a protective order or the receipt of a waiver hereunder, the Employee is compelled to disclose Confidential Information under pain of liability for contempt or other censure or penalty, the Employee may disclose such Confidential Information to the extent so required. (b) In the event of a breach or threatened breach by the Employee of any of the provisions of paragraph 3(a4(a), the Corporation shall be entitled to seek an injunction to be issued by any court or tribunal of competent jurisdiction to restrain the Employee from committing or continuing any such violation. In any proceeding for an injunction, the Employee agrees that his ability to answer in damages shall not be a bar or be interposed as a defense to the granting of a temporary or permanent injunction against him. The Employee acknowledges that the Corporation will not have an adequate remedy at law in the event of any breach by him as aforesaid and that the Corporation may suffer irreparable damage and injury in the event of such a breach by him. Nothing contained herein shall be construed as prohibiting the Corporation from pursuing any other remedy or remedies available to the Corporation in respect of such breach or threatened breach.