Confidential Information and Company Documents. (A) The Employee shall neither during the Employment (except in the proper performance of his duties) nor at any time (without limit) after the termination of the Employment except in compliance with an order of a competent court:
(i) divulge or communicate to any person, company, business entity or other organisation any Confidential Information;
(ii) use any Confidential Information for his own purposes or for any purposes other than those of the Company or any Group Company; or
(iii) through any failure to exercise due care and diligence, permit or cause any unauthorised disclosure of any Confidential Information. These restrictions shall cease to apply to any information which shall become available to the public generally otherwise than through any breach by the Employee of the provisions of this Agreement or other default of the Employee.
(B) The Employee acknowledges that all books, notes, memoranda, records, lists of customers and suppliers and employees, correspondence, documents, computer and other discs and tapes, data listings, codes, designs and drawings and other documents and material whatsoever (whether made or created by the Employee or otherwise) relating to the business of the Company or any Group Company (and any copies of the same):
(i) shall be and remain the property of the Company or the relevant Group Company; and
(i i) shall be handed over by the Employee to the Company or to the relevant Group Company on demand and in any event on the termination of the Employment and the Employee shall certify that all such property has been handed over on request by the Board and agrees that he will take all reasonable steps to prevent the disclosure of the same.
Confidential Information and Company Documents. 6.1 Consultant agrees at all times during the term of this Agreement to hold in strictest confidence, and not to use except for the benefit of the Company or to disclose to any person, firm or corporation without written authorization of the Board, any Confidential Information of the Company. Consultant understands that Confidential Information means any Company proprietary information, technical data, trade secrets or know-how, including, but not limited to, research, product plans, products, services, customer lists and customers (including, but not limited to, customers of the Company on whom Consultant called or with whom Consultant became acquainted during the term of this Agreement), markets, works of original authorship, photographs, negatives, digital images, software, developments, inventions, processes, formulas, technology, designs, drawings, engineering, hardware configuration information, marketing, finances or other business information disclosed to Consultant by the Company either directly or indirectly in writing, orally or by drawings or observation of parts or equipment. Consultant further understands that Confidential Information does not include any of the foregoing items which has become publicly known and made generally available through no wrongful act of Consultant’s or of others who were under confidentiality obligations as to the item or items involved.
6.2 Consultant recognizes that the Company has received and in the future will receive from third parties their confidential or proprietary information subject to a duty on the Company's part to maintain the confidentiality of such information and to use it only for certain limited purposes. Consultant agrees to hold all such confidential or proprietary information in the strictest confidence and not to disclose it to any person, firm or corporation or to use it except as necessary in carrying out its work for the Company consistent with the Company's agreement with such third party.
6.3 Upon termination of this Agreement the Consultant shall deliver to the Company all Confidential Information and any copies (however stored) and in relation thereto, and any other property belonging to the Company which is in the Consultant’s possession.
Confidential Information and Company Documents. 13.1 The Executive shall neither during the Employment (except in the proper performance of his duties) nor at any time (without limit) after the termination of the Employment:
(a) divulge or communicate to any person, company, business entity or other organisation;
(b) use for his own purposes or for any purposes other than those of the Company or any Group Company; or
(c) through any failure to exercise due care and diligence, cause any unauthorised disclosure of any trade secrets or Confidential Information relating to the Company or any Group Company or their clients, but so that these restrictions shall cease to apply to any information which shall become available to the public generally otherwise than through the default of the Executive or which the Executive is entitled to disclose under the Public Xxxxxxxx Xxxxxxxxxx Xxx 0000 or required to disclose by law.
13.2 All notes, technical data including seismic, electric log, reports and project interpretation including financial analysis, memoranda, records, lists of customers and suppliers and employees, correspondence, documents, computer and other discs and tapes, data listings, codes, designs and drawings and other documents and material whatsoever (whether made or created by the Executive or otherwise) relating to the business of the Company or any Group Company (and any copies of the same):
(a) shall be and remain the property of the Company or the relevant Group Company; and
(b) shall be handed over by the Executive to the Company or to the relevant Group Company on demand and in any event on the termination of the Employment.
Confidential Information and Company Documents. 11.1 The Executive must not either during the Employment, except in the proper performance of his duties, and subject to the Company’s disclosure of information policy or at any time after the termination of the Employment:
11.1.1 Divulge, disclose, transfer, or communicate to any person any Confidential Information;
11.1.2 use or assist a third party to use any Confidential Information for his own purposes or for any purposes other than those of the Company or any Group Company; or
11.1.3 permit or cause any unauthorised disclosure of any Confidential Information through any failure on his part to exercise due care and diligence.
11.2 The restrictions in clause 11.1 do not apply to:
11.2.1 any disclosure required for the proper performance of the Executive's duties during the Employment or as authorised by the Board;
11.2.2 any disclosure made to any person authorised by the Company to possess the relevant information;
11.2.3 any information or knowledge that was known to the Executive prior to the commencement date of this agreement; or
11.2.4 any information which becomes available to the public generally otherwise than through the default of the Executive.
11.3 All information, data, materials, compositions, notes, memoranda records lists of customers and suppliers, employees correspondence documents, computer and other discs and tapes, data listings, codes, designs and drawings and other documents and material whatsoever in the Executive’s possession or control and whether or not made or created by the Executive, relating to the business of the Company or any Group Company and any copies of them:
11.3.1 are and remain the property of the Company or the relevant Group Company;
11.3.2 will be handed over by the Executive to the Company or to the relevant Group Company on demand and, in any event, immediately on the termination of the Employment and the Executive will certify that all such property has been so handed over; and
11.3.3 will on demand and, in any event, immediately on the termination of the Employment be permanently deleted from any PC system in his possession or under his control.
Confidential Information and Company Documents. 12.1 The Executive recognises that, whilst performing the duties hereunder for the Company and the Group the Executive will have access to and come into contact with trade secrets and Confidential Information belonging to the Company and/or any Group Company and will obtain personal knowledge of and influence over its or their customers, suppliers and/or employees. The Executive therefore agrees that the restrictions set out in this clause 12 are reasonable and necessary to protect the legitimate business interests of the Company and the Group both during and after the termination of the Employment. The Executive shall neither during the Employment (except in the proper performance of the duties) nor at any time (without limit) after the termination of the Employment directly or indirectly:
Confidential Information and Company Documents. 8.1 For the purposes of clauses 8 and 9 of this Agreement the following words have the following meanings:
Confidential Information and Company Documents. The Service Provider shall not, during the term of this Agreement, nor at any time thereafter:
a) divulge or communicate Confidential Information to any person, company, business entity or other organization;
b) use for its own purposes or for any purposes other than those on behalf of the Company, or through any failure to exercise due care and diligence, cause any unauthorized disclosure of, any trade secrets or Confidential Information relating to the Company and its clients. These restrictions shall cease to apply to any information, which is or becomes generally available to the public other than as a result of any act or default on the part of the Service Provider.
Confidential Information and Company Documents. 14.1 The Executive shall neither during the Employment (except in the proper performance of his duties) nor at any time (without limit) after the termination of the Employment:
14.1.1 divulge or communicate to any person, company, business entity or other organisation;
14.1.2 use for his own purposes or for any purposes other than those of the Company or any Group Company; or
14.1.3 through any failure to exercise due care and diligence, cause any unauthorised disclosure of any trade secrets or Confidential Information (as hereinafter defined) relating to the Company or any Group Company or their clients, but so that these restrictions shall cease to apply to any information which shall become available to the public generally otherwise than through the default of the Executive.
Confidential Information and Company Documents. 6.1 The Consultant shall not, during the term of this Agreement, nor at any time thereafter:
a. Divulge or communicate to any person, company, business entity or other organization;
b. Use for its own purposes or for any purposes other than those of the Company, through any failure to exercise due care and diligence, cause any unauthorized disclosure of any trade secrets, or Confidential Information relating to the Company and its clients. These restrictions shall cease to apply to any information, which is or becomes generally available to the public other than as a result of any act or default on the part of the Consultant.
6.2 Any notes, memoranda, records, lists of customers and suppliers and employees, correspondence, documents, computers an other disk and tape, data listing, codes, designs and drawings and other documents and material whatsoever (whether made or created by the Consultant or otherwise) relating to the business of the Company (and any copies of the same) and which have come into the possession of the Consultant in relation to this Agreement:
a) Shall be and remain the property of the Company, and;
b) Shall be surrendered by the Consultant on demand.
6.3 Upon termination of this Agreement the Consultant shall deliver up to the Company all Confidential Information and any copies (however stored) and in relation thereto, and any other property belonging to the Company which is in the Consultant’s possession.
Confidential Information and Company Documents. 14.1 The Executive shall not, either during the Employment (except in the proper performance of his duties) or at any time (without limit) after the termination of the Employment:
(a) divulge or communicate to any person, company, business entity or other organisation;
(b) use for his own purposes or for any purposes other than those of the Company or any Group Company; or
(c) through any failure to exercise due care and diligence, cause any unauthorised disclosure of, any grade secrets or Confidential Information relating to the Company or any Group Company but so that these restrictions shall cease to apply to any information which shall become available to the public generally otherwise than through the default of the Executive.
