Company Property and Information. The Company and the Employee agree that the Employee, as of the Separation Date, has returned or will return to the Company all Company Information (defined below) and files containing Company Information; credit cards; cardkey passes; door and file keys; automobiles; computer access codes, computer discs, magnetic media; software; and all other physical property which the Employee received in connection with his employment. The term "Company Information" as used in this Agreement means confidential or proprietary business or financial information of the Company. The Employee further represents and warrants that he has not, except in the ordinary course of business and in accordance with Company policies and procedures, destroyed or discarded any documents or information.
Company Property and Information. Executive will not remove any equipment, materials, property, records, documents, notes, manuals, lists, reports, data files, disks, hand held devices, thumb drives, or any other tangible items (whether in original, duplicate, electronic or paper form) (collectively “Company Property”) from Company premises, except as is needed in the ordinary course of conducting Company Business. At the time of Executive’s separation, or at any other time upon Company’s request, Executive will at Company’s cost and expense immediately deliver to Company any Company Property in Executive’s possession or control and destroy any remaining electronic versions of same. To the maximum extent permitted by law, Company reserves the right to deduct the cost of unreturned or damaged Company Property from any compensation owed to Executive.
Company Property and Information. Employee has returned or will immediately return to the Company all Company Information and related reports, customer lists, trade secrets notes, maps, files, blueprints, drawings, memoranda, manuals, and records; credit cards, cardkey passes; door and file keys; automobiles, computer access codes, computer discs, magnetic media or business information in any form; software; other business information of the Company Releasees; and other physical or personal property which Employee received or prepared or helped prepare in connection with his employment; and Employee has not retained and will not retain any copies, duplicates, reproductions, or excerpts thereof in any form. The term "Company Information" as used in this Agreement includes, without limitation, information received from third parties, other confidential business or financial information, and other materials and information described in this paragraph.
Company Property and Information. The Executive agrees to return to the Company, within five (5) business of the Effective Date, any computer equipment, office keys, credit and telephone cards, ID and access cards, etc., and any and all original and duplicate copies of the Executive’s work product and of files, client lists, calendars, books, employee handbooks, records, notes, notebooks, manuals, storage drives, and any other materials the Executive has in his possession or under his control belonging to the Company, or containing confidential or proprietary information concerning the Company, (including Confidential Information, as that phrase is defined in Section 11 below) in his custody or possession (“Company Property”), regardless of the format, medium or location in which such information is stored, maintained or accessed. The Executive agrees and represents that, as of the fifth day following the Effective Date (i) the Executive shall have returned to the Company all Company Property (including without limitation any and all emails and attachments that the Executive emailed to his personal email account from his email account with the Company); (ii) the Executive will have not made or taken copies of such Company Property (including without limitation any and all emails and attachments that the Executive emailed to his personal email account from the Executive’s Company email account); and (iii) the Executive will have completely removed all electronically stored Company Property from all storage media in his possession, custody or control, including, without limitation, from his home computer system(s), personal email account(s), and any external disk(s), flash drive(s), cloud storage services, or any other format or medium in which information can be stored, maintained or accessed. By signing this Separation Agreement, the Executive expressly agrees that the Company shall have the right, on demand, to verify through an independent third-party forensic examiner that the Executive has not retained Company Property in any form or manner whatsoever, including without limitation in or on any electronic device, phone, PDA, computer, e-mail account, hard drive or cloud storage system, whether or not personal in nature; provided, however, that such third-party forensic examiner will conduct any examination in a manner designed to protect purely personal information or data from disclosure to the Company as a result of the examination. The Executive further agrees that the Company shall ...
Company Property and Information. 9.1 The Employee shall, before the Termination Date, return to Xxxx Xxxxxxxxxxx, Vice President, Human Resources:
(a) all Confidential Information and Copies;
(b) all property belonging to the Employer, Hologic, Inc. or any other Group Company in satisfactory condition including (but not limited to) any car (together with the keys and all documentation relating to the car) , fuel card, company credit card, keys, security pass, identity badge, mobile telephone, pager, lap-top computer or fax machine; and
(c) all documents and copies (whether written, printed, electronic, recorded or otherwise and wherever located) made, compiled or acquired by him during his employment with the Employer or relating to the business or affairs of the Employer, Hologic, Inc. or any other Group Company or the business contacts of any of them, in the Employee's possession or under his control.
9.2 The Employee shall, before the Termination Date, erase irretrievably any information relating to the business or affairs of the Employer, Hologic, Inc. or any other Group Company or the business contacts of any of them from computer and communications systems and devices owned or used by him outside the premises of the Employer or any other Group Company, including such systems and data storage services provided by third parties (to the extent technically practicable).
9.3 The Employee shall, if requested to do so by the Employer, provide a signed statement that he has complied fully with his obligations under clause 9.1 and clause 9.2 and shall provide it with such reasonable evidence of compliance as may be requested.
Company Property and Information. 7.1 You shall, before the Separation Date, warrant as at the date of this agreement, that you have returned to us:
(a) all Confidential Information and Copies;
(b) all property belonging to us in satisfactory condition including (but not limited to) any car (together with the keys and all documentation relating to the car), fuel card, company credit card, keys, security pass, identity badge, mobile telephone, pager, lap-top computer or fax machine; and
(c) all documents and copies (whether written, printed, electronic, recorded or otherwise and wherever located) made, compiled or acquired by you during your employment with us or relating to Venus Concept’s business or affairs or business contacts, in your possession or under your control.
7.2 You shall, as at the date of this agreement, warrant that you have erased irretrievably any information relating to Venus Concept’s business or affairs or business contacts from computer and communications systems and devices owned or used by you outside our premises, including such systems and data storage services provided by third parties (to the extent technically practicable) UNLESS directed by Venus Concept not to do so.
Company Property and Information. 9.1. The Executive shall, before the Separation Date, return to the Employer:
9.1.1. all Confidential Information and any copies;
9.1.2. all property belonging to the Employer and any Group Company in satisfactory condition including (but not limited to) any car (together with the keys and all documentation relating to the car), company credit card, keys, security pass, identity badge, , ; and
9.1.3. all documents and copies (whether written, printed, electronic, recorded or otherwise and wherever located) made, compiled or acquired by him during his employment with the Employer or relating to the business or affairs of any Group Company or their business contacts, in the Executive's possession or under his control. {00586770.DOCX.7} 7
9.2. The Executive shall, before the Separation Date, erase irretrievably any information relating to the business or affairs of any Group Company or its business contacts from computer and communications systems and devices owned or used by him outside the premises of the Employer, including such systems and data storage services provided by third parties (to the extent technically practicable).
9.3. The Executive shall be entitled to retain his iPhone and telephone number and laptop as provided by the Employer, subject to all Employer information being deleted from such items, and the Employer and the Executive shall work together to ensure that this is takes place within 28 days from the Separation Date.
Company Property and Information. You represent that you have returned to the Company any and all property of the Company, including, but not limited to all keys, office equipment, documents, records, customer files, written materials, electronic information, credit cards bearing the Company's name, and information you have about the Company's practices, procedures, trade secrets, customer lists, or product lists or product marketing. You further agree not to divulge or reveal any trade secret or confidential information of the Company, including but not limited to, processes, procedures, formula or designs, or business plans, financial or pricing information or customer lists. You further represent that you retain no copies of any Company confidential documents or information, and will make no attempt to acquire such documentation in the future.
Company Property and Information. (a) Your privileges under all Company credit cards are terminated, and you represent that you have returned all such credit cards. Upon execution of this Agreement, you will return to the Company all property of the Company including without limitation keys, parking card, documents, books, records, reports, contracts, lists, computer disks (or other computer-generated files or data), or copies thereof, created on any medium, prepared or obtained by you or the Company in the course of or incident to your employment with the Company.
(b) Any information stored in your computer may be saved or discarded by the Company as it deems appropriate at any time after August 20, 1999.
(c) Except as specifically provided otherwise by this Agreement, you will comply with the Confidential Information and Employee Invention Agreement you entered into as of January 1, 1999 in connection with your employment with the Company, as well as the Subscription Agreement and the Restricted Stock Purchase Agreement, and the Stockholder Agreement and Voting Agreement you entered into in connection with your ownership of EPS shares.
Company Property and Information. The Executive shall return or destroy Employer Group property and Company documents, as required by Section 3.b. of the CPR Agreement no later than seven (7) days after the Effective Date of this Separation Agreement. As used herein, “Employer Group property” shall have the same meaning as it does in the CPR Agreement. By signing this Separation Agreement, the Executive expressly agrees that the Company shall have the right, on demand, to verify through an independent third-party forensic examiner that the Executive has not retained any Employer Group property in any form or manner whatsoever, including without limitation in or on any electronic device, phone, PDA, computer, e-mail account, hard drive or cloud storage system, whether or not personal in nature; provided, however, that such third-party forensic examiner will conduct any examination in a manner designed to protect purely personal information or data from disclosure to the Company as a result of the examination. The Executive further agrees that, in addition to any other remedies available to the Company under any other agreement, at law, or in it, the Company shall be entitled to (a) equitable relief, including, without limitation, specific performance, a temporary restraining order(s), and temporary or permanent injunctive relief and (b) liquidated damages in an amount equal to the Severance, to enforce the provisions of this section.
