Common use of Clearance Procedure for Proprietary Rights Not Claimed by Employer Clause in Contracts

Clearance Procedure for Proprietary Rights Not Claimed by Employer. In the event that Employee wishes to create or develop, other than on Employer’s time or using Employer’s resources, anything that may be considered Work Product but to which Employee believes Employee should be entitled to the personal benefit of, Employee agrees to follow the clearance procedure set forth in this Section. Before beginning any such work, Employee agrees to give Employer advance written notice and provide Employer with a sufficiently detailed written description of the work under consideration for Employer to make a determination regarding the work. Unless otherwise agreed in a writing signed by Employer prior to receipt, Employer shall have no obligation of confidentiality with respect to such request or description. Employer will determine in its sole discretion, within thirty (30) days after Employee has fully disclosed such plans to Employer, whether rights in such work will be claimed by Employer. If Employer determines that it does not claim rights in such work, Employer agrees to so notify Employee in writing and Employee may retain ownership of the work to the extent that such work has been expressly disclosed to Employer. If Employer fails to so notify Employee within such thirty (30) day period, then Employer shall be deemed to have agreed that such work is not considered Work Product for purposes of this Agreement. Employee agrees to submit for further review any significant improvement, modification, or adaptation that could reasonably be related to Employer’s Business so that it can be determined whether the improvement, modification, or adaptation relates to the business or interests of Employer. Clearance under this procedure does not relieve Employee of the restrictive covenants set forth in this Section 8.

Appears in 19 contracts

Samples: Employment Agreement (Pediatrix Medical Group, Inc.), Employment Agreement (Pediatrix Medical Group, Inc.), Employment Agreement (Pediatrix Medical Group, Inc.)

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Clearance Procedure for Proprietary Rights Not Claimed by Employer. In the event that Employee wishes to create or develop, other than on Employer’s time or using Employer’s resources, anything that may be considered Work Product but to of which Employee believes Employee should be entitled to the personal benefit ofbenefit, Employee agrees to follow the clearance procedure set forth in this SectionSection 8.6. Before beginning any such work, Employee agrees to give Employer advance written notice and provide Employer with a sufficiently detailed written description of the work under consideration for Employer to make a determination regarding the work. Unless otherwise agreed in a writing signed by Employer prior to receipt, Employer shall have no obligation of confidentiality with respect to such request or description. Employer will determine in its sole discretion, within thirty (30) days after Employee has fully disclosed such plans to Employer, whether rights in such work will be claimed by Employer. If Employer determines that it does not claim rights in such work, Employer agrees to so notify Employee in writing and Employee may retain ownership of the work to the extent that such work has been expressly disclosed to Employer. If Employer fails to so notify Employee within such thirty (30) day period, then Employer shall be deemed to have agreed that such work is not considered Work Product for purposes of this Agreement. Employee agrees to submit for further review any significant improvement, modification, or adaptation that could reasonably be related to Employer’s Business so that it can be determined by Employer whether the improvement, modification, or adaptation relates to the business or interests of Employer. Clearance under this procedure does not relieve Employee of the restrictive covenants set forth in this Section 8.

Appears in 6 contracts

Samples: Employment Agreement, Employment Agreement (Mednax, Inc.), Employment Agreement (Pediatrix Medical Group Inc)

Clearance Procedure for Proprietary Rights Not Claimed by Employer. In the event that Employee wishes to create or develop, other than OTHER THAN on Employer’s 's time or using Employer’s 's resources, anything that may be considered Work Product but to of which Employee believes Employee should be entitled to the personal benefit ofbenefit, Employee agrees to follow the clearance procedure set forth in this SectionSection 8.6. Before beginning any such work, Employee agrees to give Employer advance written notice and provide Employer with a sufficiently detailed written description of the work under consideration for Employer to make a determination regarding the work. Unless otherwise agreed in a writing signed by Employer prior to receipt, Employer shall have no obligation of confidentiality with respect to such request or description. Employer will determine in its sole discretion, within thirty (30) days after Employee has fully disclosed such plans to Employer, whether rights in such work will be claimed by Employer. If Employer determines that it does not claim rights in such work, Employer agrees to so notify Employee in writing and Employee may retain ownership of the work to the extent that such work has been expressly disclosed to Employer. If Employer fails to so notify Employee within such thirty (30) day period, then Employer shall be deemed to have agreed that such work is not considered Work Product for purposes of this Agreement. Employee agrees to submit for further review any significant improvement, modification, or adaptation that could reasonably be related to Employer’s 's Business so that it can be determined whether the improvement, modification, or adaptation relates to the business or interests of Employer. Clearance under this procedure does not relieve Employee of the restrictive covenants set forth in this Section 8.

Appears in 4 contracts

Samples: Employment Agreement (Pediatrix Medical Group Inc), Employment Agreement (Pediatrix Medical Group Inc), Employment Agreement (Pediatrix Medical Group Inc)

Clearance Procedure for Proprietary Rights Not Claimed by Employer. In the event that Employee wishes to create or develop, other than on Employer’s time or using Employer’s resources, anything that may be considered Work Product but to which Employee believes Employee should be entitled to the personal benefit of, Employee agrees to follow the clearance procedure set forth in this Section. Before beginning any such work, Employee agrees to give Employer advance written notice and provide Employer with a sufficiently detailed written description of the work under consideration for Employer to make a determination regarding the work. Unless otherwise agreed in a writing signed by Employer prior to receipt, Employer shall have no obligation of confidentiality with respect to such request or description. Employer will determine in its sole discretion, within thirty (30) days after Employee has fully disclosed such plans to Employer, whether rights in such work will be claimed by Employer. If Employer determines that it does not claim rights in such work, Employer agrees to so notify Employee in writing and Employee may retain ownership of the work to the extent that such work has been expressly disclosed to Employer. If Employer fails to so notify Employee within such thirty (30) day period, then Employer shall be deemed to have agreed that such work is not considered Work Product for purposes of this Agreement. Employee agrees to submit for further review any significant improvement, modification, or adaptation that could reasonably be related to Employer’s 's Business so that it can be determined whether the improvement, modification, or adaptation relates to the business or interests of Employer. Clearance under this procedure does not relieve Employee of the restrictive covenants set forth in this Section 8.

Appears in 2 contracts

Samples: Employment Agreement (Mednax, Inc.), Employment Agreement (Mednax, Inc.)

Clearance Procedure for Proprietary Rights Not Claimed by Employer. In the event that Employee wishes to create or develop, other than on Employer’s time or using Employer’s resources, anything that may be considered Work Product but to which Employee believes Employee should be entitled to the personal benefit of, Employee agrees to follow the clearance procedure set forth in this Section. Before beginning any such work, Employee agrees to give Employer advance written notice and provide Employer with a sufficiently detailed written description of the work under consideration for Employer to make a determination regarding the work. Unless otherwise agreed in a writing signed by Employer prior to receipt, Employer shall have no obligation of confidentiality with respect to such request or description. Employer will determine in its sole discretion, within thirty (30) days after Employee has fully disclosed such plans to Employer, whether rights in such work will be claimed by Employer. If Employer determines that it does not claim rights in such work, Employer agrees to so notify Employee in writing and Employee may retain ownership of the work to the extent that such work has been expressly disclosed to Employer. If Employer fails to so notify Employee within such thirty (30) day period, then Employer shall be deemed to have agreed that such work is not considered Work Product for purposes of this Agreement. Employee agrees to submit for further review any significant improvement, modification, or adaptation that could reasonably be related to Employer’s Business so that it can be determined whether the improvement, modification, or adaptation relates to the business or interests of Employer. Clearance under this procedure does not relieve Employee of the restrictive covenants set forth in this Section 8.

Appears in 2 contracts

Samples: Employment Agreement, Employment Agreement (Mednax, Inc.)

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Clearance Procedure for Proprietary Rights Not Claimed by Employer. In the event that Employee wishes If you ever wish to create or develop, other than on Employer’s your own time or using Employer’s and with your own resources, anything that may be considered Work Product but to which Employee believes Employee you believe you should be entitled to the personal benefit of, Employee agrees you are required to follow the clearance procedure set forth on this ARTICLE in this Sectionorder to ensure that Employer has no claim to the proprietary rights that may arise. Before beginning you begin any such workdevelopment work on your own time, Employee agrees to you must give Employer advance written notice of your plans and provide Employer with supply a sufficiently detailed written description of the work development under consideration for Employer to make a determination regarding the workconsideration. Unless otherwise agreed in a writing signed by Employer prior to receiptEmployer, Employer shall have no obligation of confidentiality confidence with respect to such request or description. Employer will determine determine, in its sole discretiongood faith, within thirty (30) days after Employee has you have fully disclosed such your plans to Employer, whether rights in such work will be the development is claimed by EmployerEmployer as Work Product. If Employer determines that it does not claim rights in such workdevelopment, Employer agrees to so notify Employee you will be notified in writing and Employee may retain ownership of the work development to the extent that such work of what has been expressly disclosed to Employer. If Employer fails to so notify Employee within such thirty (30) day period, then Employer shall be deemed to have agreed that such work is not considered Work Product for purposes of this Agreement. Employee agrees to You should submit for further review clearance any significant improvement, modification, or adaptation that could reasonably be related to Employer’s Business so that it can be determined whether the improvement, modification, or adaptation relates to the business or interests of Employer. Clearance under this procedure does not relieve Employee you of the restrictive covenants set forth need to obtain the written consent of Employer before engaging in this Section 8business activities or rendering business, commercial, or professional services for the benefit of anyone other than Employer, as required in ARTICLE 1.1 hereof. Employer thus reserves the right to exercise greater control over development work that you might consider doing for profit after hours, as opposed to mere hobby work pursued in your spare time. 3 <PAGE> ARTICLE 3.

Appears in 1 contract

Samples: Asset Purchase Agreement

Clearance Procedure for Proprietary Rights Not Claimed by Employer. In the event that Employee wishes If you ever wish to create or develop, other than on Employer’s your own time or using Employer’s and with your own resources, anything that may be considered Work Product but to which Employee believes Employee you believe you should be entitled to the personal benefit of, Employee agrees you are required to follow the clearance procedure set forth on this ARTICLE in this Sectionorder to ensure that Employer has no claim to the proprietary rights that may arise. Before beginning you begin any such workdevelopment work on your own time, Employee agrees to you must give Employer advance written notice of your plans and provide Employer with supply a sufficiently detailed written description of the work development under consideration for Employer to make a determination regarding the workconsideration. Unless otherwise agreed in a writing signed by Employer prior to receiptEmployer, Employer shall have no obligation of confidentiality confidence with respect to such request or description. Employer will determine determine, in its sole discretiongood faith, within thirty (30) days after Employee has you have fully disclosed such your plans to Employer, whether rights in such work will be the development is claimed by EmployerEmployer as Work Product. If Employer determines that it does not claim rights in such workdevelopment, Employer agrees to so notify Employee you will be notified in writing and Employee may retain ownership of the work development to the extent that such work of what has been expressly disclosed to Employer. If Employer fails to so notify Employee within such thirty (30) day period, then Employer shall be deemed to have agreed that such work is not considered Work Product for purposes of this Agreement. Employee agrees to You should submit for further review clearance any significant improvement, modification, or adaptation that could reasonably be related to Employer’s Business so that it can be determined whether the improvement, modification, or adaptation relates to the business or interests of Employer. Clearance under this procedure does not relieve Employee you of the restrictive covenants set forth need to obtain the written consent of Employer before engaging in this Section 8business activities or rendering business, commercial, or professional services for the benefit of anyone other than Employer, as required in ARTICLE 1.1 hereof. Employer thus reserves the right to exercise greater control over development work that you might consider doing for profit after hours, as opposed to mere hobby work pursued in your spare time.

Appears in 1 contract

Samples: Escrow Agreement (Global Wataire, Inc.)

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