Common use of Confidential Information and Noncompetition Clause in Contracts

Confidential Information and Noncompetition. Executive agrees and acknowledges that Executive's talents, skills, and experience are unique, and that Company has invested considerable efforts and money in developing and compiling customer lists, supplier lists, and trade and market information, in developing business techniques and practices, and in maintaining valuable market relationships; that such items and all other information that relates to the business of the Company, the business of any customer or supplier of the Company, or the business of any person, firm, or corporation that consults with or is affiliated with the Company, constitute for purposes hereof the "Confidential Information" of the Company; and that the Confidential Information is valuable property of the company and is vital to the operation and continuation of the Company's business. Confidential Information shall not include information so generally known as to be part of the public domain. Executive acknowledges that the Company has and will disclose Confidential Information to Executive and afford him access to Confidential Information in connection with his employment with the Company. Executive agrees that he shall use such Confidential Information solely for the benefit of the Company. Executive further acknowledges that the grant of 25,000 restricted shares referred to in section 3(d) is being made by the Company in order to induce Executive to agree to the restrictions contained in this Section 12 and that Executive has received valuable consideration commensurate with those restrictions. Accordingly, Executive agrees and acknowledges that: (a) Except as required in the performance of his duties as an employee of the Company, Executive shall not at any time, either directly or indirectly, use, divulge, disclose, or communicate to any person, firm, or corporation in any manner whatsoever any Confidential Information. (b) Executive has been given access to the Company's Confidential Information solely for purposes relating to his employment by the Company. Executive shall have no rights in such Confidential Information or any letters patent, copyrights, or other proprietary rights relating thereto, and Executive hereby assigns to the Company any supplemental or additional information relating to the Confidential Information acquired by Executive, whether solely or in collaboration with others, that relates in any manner to either the subject of Executive's work for the Company or any business of the Company during the Contract Period ("Improvements"). Executive will disclose promptly in writing to the Company all such Improvements or information supplemental or related thereto, and such Improvements shall be treated for all purposes as Confidential Information hereunder. (c) During the Contract Period and thereafter, at the request of the Company and without expense to Executive, Executive shall cooperate in the procurement of any patent, copyright, trademark, or trade name protection in the Company's name that may be necessary or desirable to vest, or to perfect the record of, title to the Confidential Information in the Company. Executive agrees to execute all documents and do all things necessary or desirable in any controversy or otherwise to aid Company in obtaining and enforcing proper protection of its Confidential Information. (d) During the period commencing on the Effective Date and ending on the second anniversary of the first date on which Executive is neither employed by the Company nor a member of the Board (the "Restriction period"), Executive shall not, directly or indirectly, own, operate, have any other than a minor financial interest in, be employed by, or in any other manner take part in or consult with any business that is the same as, similar to, or competitive with the business of the Company as such business is conducted during the Contract Period. During the Restriction period, Executive shall not solicit (other than for the benefit of the Company during the Contract period) any sale or purchase to or from any person who is or was a customer or supplier of the Company during the term of Executive's employment by the Company, either as an employee, agent, consultant, licensee, independent contractor, owner, or otherwise. (e) At any time upon request of the Company and upon termination of his employment by the Company, Executive shall deliver to the Company, and shall not retain for his own or another's use, any and all lists, information, notes, memoranda, documents, devices, and any other material, and all copies thereof, relating to

Appears in 1 contract

Samples: Employment Agreement (Cuno Inc)

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Confidential Information and Noncompetition. Executive agrees and acknowledges that Executive's ’s talents, skills, and experience are unique, and that Company has invested considerable efforts and money in developing and compiling customer lists, supplier lists, and trade and market information, in developing business techniques and practices, and in maintaining valuable market relationships; that such items and all other information that relates to the business of the Company, the business of any customer or supplier of the Company, or the business of any person, firm, or corporation that consults with or is affiliated with the Company, constitute for purposes hereof the "Confidential Information" of the Company; and that the Confidential Information is valuable property of the company and is vital to the operation and continuation of the Company's ’s business. Confidential Information shall not include information so generally known as to be part of the public domain. Executive acknowledges that the Company has and will disclose Confidential Information to Executive and afford him access to Confidential Information in connection with his employment with the Company. Executive agrees that he shall use such Confidential Information solely for the benefit of the Company. Executive further acknowledges that the grant of 25,000 restricted shares referred to in section 3(d3(c) is being made by the Company in order to induce Executive to agree to the restrictions contained in this Section 12 11 and that Executive has received valuable consideration commensurate with those restrictions. Accordingly, Executive agrees and acknowledges that: (a) Except as required in the performance of his duties as an employee of the Company, Executive shall not at any time, either directly or indirectly, use, divulge, disclose, . or communicate to any person, firm, or corporation in any manner whatsoever any Confidential Information. (b) Executive has been shall be given access to the Company's ’s Confidential Information solely for purposes relating to his employment by the Company. Executive shall have no rights in such Confidential Information or any letters patent, copyrights, or other proprietary rights relating thereto, and Executive hereby assigns to the Company any supplemental or additional information relating to the Confidential Information acquired by Executive, whether solely or in collaboration with others, that relates in any manner to either the subject of Executive's ’s work for the Company or any business of the Company during the Contract Period ("Improvements"). Executive will disclose promptly in writing to the Company all such Improvements or information supplemental or related thereto, and such Improvements shall be treated for all purposes as Confidential Information hereunder. (c) During the Contract Period and thereafter, at the request of the Company and without expense to Executive, Executive shall cooperate in the procurement of any patent, copyright, trademark, or trade name protection in the Company's ’s name that may be necessary or desirable to vest, or to perfect the record of, title to the Confidential Information in the Company. Executive agrees to execute all documents and do all things necessary or desirable in any controversy or otherwise to aid Company in obtaining and enforcing proper protection of its Confidential Information. (d) During the period commencing on the Effective Date and ending on the second anniversary of the first date on which Executive is neither employed by the Company nor a member of the Board (the "Restriction period"Period”), Executive shall not, directly or indirectly, own, operate, have any other than a minor financial interest in, be employed by, or in any other manner take part in or consult with any business that is the same as, similar to, or competitive with the business of the Company as such business is conducted during the Contract Period. During the Restriction periodPeriod, Executive shall not solicit (other than for the benefit of the Company during the Contract periodPeriod) any sale or purchase to or from any person who is or was a customer or supplier of the Company during the term of Executive's ’s employment by the Company, either as an employee, agent, consultant, licensee, independent contractor, ; owner, or otherwise. Furthermore, during the Restriction Period, Executive shall not, directly or indirectly, hire or solicit any employee of the Company. (e) At any time upon request of the Company and upon termination of his employment by the Company, Executive shall deliver to the Company, and shall not retain for his own or another's use’s Use, any and all lists, information, notes, memoranda, documents, devices, and any other material, and all copies thereof, relating toto Executive’s work or the products or business of the company of which Executive had knowledge.

Appears in 1 contract

Samples: Employment Agreement (Cuno Inc)

Confidential Information and Noncompetition. Executive agrees (a) Consultant realizes that during this Agreement, Consultant will produce and/or will have access to confidential memoranda, notes, information, records, maps, research results, business projections, business and acknowledges that Executive's talentsresearch notebooks, skillsdata, and experience are uniqueformulae, and that Company has invested considerable efforts and money in developing and compiling specifications, trade secrets, customer lists, supplier listsinventions and processes of Employer, and trade other information of a confidential nature (collectively, "Confidential Information"). (b) Both during the term of this Agreement and market informationsubsequent to its termination, Consultant agrees to hold all Confidential Information in developing business techniques confidence and practicesnot to disclose, and not directly or indirectly to use, copy, digest or summarize, any Confidential Information, except to the extent necessary to carry out Consultant's responsibilities as directed or authorized by Employer and, after termination of Consultant's employment hereunder, as specifically authorized in maintaining valuable market relationships; that such items writing by Employer. (c) All records in whatsoever form and in whatsoever medium recorded, and any and all other information copies thereof (including volatile electronic or magnetic signals), relating to Employer's business that relates Consultant shall prepare, or use, or come into contact with in the course of his executing his duties under this Agreement, shall be and remain the sole property of Employer and shall not be removed from Employer's premises except as necessary to carry out Consultant's responsibilities as directed and authorized by Employer; and the business same shall be returned promptly to Employer upon termination of Consultant's employment relationship with Employer or upon Employer's request. (d) Consultant agrees that he possesses or will possess knowledge, skills and reputation in the Companyindustry in which Employer operates which are of material importance to Employer, and which are special, unique and extraordinary. Consultant acknowledges that the business loss of any customer or supplier of the Companyhis services, or the business use of his services by a competitor, may cause irreparable harm to Employer. Therefore, for the period of any severance following termination of employment for any reason, with or without cause, Consultant, individually and personally, shall not do any of the following, unless specifically authorized by the Employer's Board of Directors. (i) Canvass, solicit, or accept any business in the Industry from any present or past customer of Employer or any related company, if the customer is located in the United States (the "Territory"). (ii) Aid or assist any other person, firmentity, or corporation that consults with or is affiliated with the Company, constitute for purposes hereof the "Confidential Information" of the Company; and that the Confidential Information is valuable property of the company and is vital to the operation and continuation of the Company's business. Confidential Information shall not include information so generally known as to be part of the public domain. Executive acknowledges that the Company has and will disclose Confidential Information to Executive and afford him access to Confidential Information in connection with his employment with the Company. Executive agrees that he shall use such Confidential Information solely for the benefit of the Company. Executive further acknowledges that the grant of 25,000 restricted shares referred to in section 3(d) is being made by the Company in order to induce Executive to agree to the restrictions contained in this Section 12 and that Executive has received valuable consideration commensurate with those restrictions. Accordingly, Executive agrees and acknowledges that: (a) Except as required in the performance of his duties as an employee of the Company, Executive shall not at any time, either directly or indirectly, use, divulge, disclose, or communicate to any person, firmpartnership, or corporation in any manner whatsoever effort to canvass, solicit, or accept any Confidential Informationbusiness in the amusement vending machine business or industry (the "Industry") from any past or present customers of Employer or of any related company, if the customer is located within the Territory. (biii) Executive has been given access to the Company's Confidential Information solely for purposes relating to his employment by the Company. Executive shall have no rights in such Confidential Information Directly or indirectly request or advise any past or present customer of Employer, or any letters patentpast, copyrightspresent, or other proprietary rights relating theretopossible future customer of any related companies to withdraw, and Executive hereby assigns to curtail, cancel, or not undertake business in the Company Industry with any supplemental or additional information relating to related company, if the Confidential Information acquired by Executive, whether solely or in collaboration with others, that relates in any manner to either customer is located within the subject of Executive's work for the Company or any business of the Company during the Contract Period ("Improvements"). Executive will disclose promptly in writing to the Company all such Improvements or information supplemental or related thereto, and such Improvements shall be treated for all purposes as Confidential Information hereunderTerritory. (civ) During Directly or indirectly disclose to any other person, entity, partnership, or corporation the Contract Period and thereafternames of past or present customers of Employer, at the request of the Company and without expense to Executive, Executive shall cooperate in the procurement or of any patentrelated company. The parties agree that the names of these customers are confidential and proprietary and constitute trade secrets of Employer, copyright, trademark, or and are confidential and proprietary and constitute trade name protection in secrets of Employer within the Company's name that may be necessary or desirable to vest, or to perfect the record of, title to the Confidential Information in the Company. Executive agrees to execute all documents meaning of C.R.S. Section 8-2-113(2)(b) and do all things necessary or desirable in any controversy or otherwise to aid Company in obtaining and enforcing proper protection of its Confidential InformationC.R.S. Section 7-74-102(4). (dv) During Suggest, solicit, or encourage any employee of Employer or any related company to leave employment; or disparage Employer or any related company or their conditions of employment; or disclose to any other person, entity, partnership, or corporation the period commencing on the Effective Date and ending on the second anniversary names of employees of Employer. (vi) Directly or indirectly establish, as manager, employee or owner of greater than 1% of the first date on which Executive is neither employed by the Company nor a member of the Board (the "Restriction period"), Executive shall not, directly or indirectly, own, operate, have any other than a minor financial interest in, be employed byoutstanding ownership interest, or participate in any other manner take part in or consult an enterprise competitive with any business that is the same as, similar to, or competitive with the business of the Company as such business which is conducted during the Contract Period. During the Restriction period, Executive shall not solicit (other than for the benefit of the Company during the Contract period) at any sale or purchase to or from any person who is or was a customer or supplier of the Company time during the term of Executive's employment this Agreement by Employer or any related company, and which business is in the CompanyIndustry and in the Territory. (vii) Provide any product, either as an employeeservice, agentfinancing, consultant, licensee, independent contractor, owneraid, or otherwiseassistance of any kind for any person, entity, partnership, association, or corporation which is competitive with any business which is conducted at any time during the term of this Agreement by Employer or any related company, and which business is in the Industry and in the Territory. (viii) Compete in any manner with any business which is conducted at any time during the term of this Agreement by Employer or any related company, and which business is in the Industry and in the Territory. (e) At The rights and obligations of this Section 6 shall survive any time upon request of the Company and upon expiration or termination of his employment by the Company, Executive shall deliver to the Company, and shall not retain for his own or another's use, any and all lists, information, notes, memoranda, documents, devices, and any other material, and all copies thereof, relating tothis Agreement.

Appears in 1 contract

Samples: Consulting Agreement (American Coin Merchandising Inc)

Confidential Information and Noncompetition. Executive agrees and acknowledges that Executive's talents, skills, and experience are unique, and that Company has invested considerable efforts and money in developing and compiling customer lists, supplier lists, and trade and market information, in developing business techniques and practices, and in maintaining valuable market relationships; that such items and all other information that relates to the business of the Company, the business of any customer or supplier of the Company, or the business of any person, firm, or corporation that consults with or is affiliated with the Company, constitute for purposes hereof the "Confidential Information" of the Company; and that the Confidential Information is valuable property of the company and is vital to the operation and continuation of the Company's business. Confidential Information shall not include information so generally known as to be part of the public domain. Executive acknowledges that the Company has and will disclose Confidential Information to Executive and afford him access to Confidential Information in connection with his employment with the Company. Executive agrees that he shall use such Confidential Information solely for the benefit of the Company. Executive further acknowledges that the grant of 25,000 restricted shares referred to in section 3(d3(c) is being made by the Company in order to induce Executive to agree to the restrictions contained in this Section 12 11 and that Executive has received valuable consideration commensurate with those restrictions. Accordingly, Executive agrees and acknowledges that: (a) Except as required in the performance of his duties as an employee of the Company, Executive shall not at any time, either directly or indirectly, use, divulge, disclose, . or communicate to any person, firm, or corporation in any manner whatsoever any Confidential Information. (b) Executive has been shall be given access to the Company's Confidential Information solely for purposes relating to his employment by the Company. Executive shall have no rights in such Confidential Information or any letters patent, copyrights, or other proprietary rights relating thereto, and Executive hereby assigns to the Company any supplemental or additional information relating to the Confidential Information acquired by Executive, whether solely or in collaboration with others, that relates in any manner to either the subject of Executive's work for the Company or any business of the Company during the Contract Period ("Improvements"). Executive will disclose promptly in writing to the Company all such Improvements or information supplemental or related thereto, and such Improvements shall be treated for all purposes as Confidential Information hereunder. (c) During the Contract Period and thereafter, at the request of the Company and without expense to Executive, Executive shall cooperate in the procurement of any patent, copyright, trademark, or trade name protection in the Company's name that may be necessary or desirable to vest, or to perfect the record of, title to the Confidential Information in the Company. Executive agrees to execute all documents and do all things necessary or desirable in any controversy or otherwise to aid Company in obtaining and enforcing proper protection of its Confidential Information. (d) During the period commencing on the Effective Date and ending on the second anniversary of the first date on which Executive is neither employed by the Company nor a member of the Board (the "Restriction periodPeriod"), Executive shall not, directly or indirectly, own, operate, have any other than a minor financial interest in, be employed by, or in any other manner take part in or consult with any business that is the same as, similar to, or competitive with the business of the Company as such business is conducted during the Contract Period. During the Restriction periodPeriod, Executive shall not solicit (other than for the benefit of the Company during the Contract periodPeriod) any sale or purchase to or from any person who is or was a customer or supplier of the Company during the term of Executive's employment by the Company, either as an employee, agent, consultant, licensee, independent contractor, ; owner, or otherwise. Furthermore, during the Restriction Period, Executive shall not, directly or indirectly, hire or solicit any employee of the Company. (e) At any time upon request of the Company and upon termination of his employment by the Company, Executive shall deliver to the Company, and shall not retain for his own or another's useUse, any and all lists, information, notes, memoranda, documents, devices, and any other material, and all copies thereof, relating toto Executive's work or the products or business of the company of which Executive had knowledge. (f) If any provision of this Section 11is determined by any court of competent jurisdiction to be unenforceable by reason of its extending for too great a period of time or over too great a geographical area, it shall be interpreted to extend only over the maximum period of time for which it may be enforceable, or over the maximum geographical area to which it may be enforceable, or both; and such partial unenforceability shall not affect any other provision of this Agreement. Executive acknowledges that, in light of the proprietary interest of the Company in the Confidential Information, the restrictions set forth herein are reasonable and that the remedies at law for the breach of any provision of this Section 11 are inadequate. Accordingly, in the event of any breach, or reasonable belief as to the existence or imminence of a breach, of the provisions hereof, the Company shall be entitled to injunctive relief to enjoin the breach (in addition to any other legal and equitable remedies that the Company may have, including an equitable accounting of gain to Executive resulting from the breach), together with all costs and expenses, including reasonable attorney's fees, related to the enforcement by the Company of its rights hereunder.

Appears in 1 contract

Samples: Employment Agreement (Cuno Inc)

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Confidential Information and Noncompetition. Executive agrees and acknowledges that Executive's talents, skills, and experience are unique, and that Company has invested considerable efforts and money in developing and compiling customer lists, supplier lists, and trade and market information, in developing business techniques and practices, and in maintaining valuable market relationships; that such items and all other information that relates to the business of the Company, the business of any customer or supplier of the Company, or the business of any person, firm, or corporation that consults with or is affiliated with the Company, constitute for purposes hereof the "Confidential Information" of the Company; and that the Confidential Information is valuable property of the company and is vital to the operation and continuation of the Company's business. Confidential Information shall not include information so generally known as to be part of the public domain. Executive acknowledges that the Company has and will disclose Confidential Information to Executive and afford him access to Confidential Information in connection with his employment with the Company. Executive agrees that he shall use such Confidential Information solely for the benefit of the Company. Executive further acknowledges that the grant of 25,000 restricted shares referred to in section 3(d3(c) is being made by the Company in order to induce Executive to agree to the restrictions contained in this Section 12 and that 7 Executive has received valuable consideration commensurate with those restrictions. Accordingly, Executive agrees and acknowledges that: (a) Except as required in the performance of his duties as an employee of the Company, Executive shall not at any time, either directly or indirectly, use, divulge, disclose, . or communicate to any person, firm, or corporation in any manner whatsoever any Confidential Information. (b) Executive has been shall be given access to the Company's Confidential Information solely for purposes relating to his employment by the Company. Executive shall have no rights in such Confidential Information or any letters patent, copyrights, or other proprietary rights relating thereto, and Executive hereby assigns to the Company any supplemental or additional information relating to the Confidential Information acquired by Executive, whether solely or in collaboration with others, that relates in any manner to either the subject of Executive's work for the Company or any business of the Company during the Contract Period ("Improvements"). Executive will disclose promptly in writing to the Company all such Improvements or information supplemental or related thereto, and such Improvements shall be treated for all purposes as Confidential Information hereunder. (c) During the Contract Period and thereafter, at the request of the Company and without expense to Executive, Executive shall cooperate in the procurement of any patent, copyright, trademark, or trade name protection in the Company's name that may be necessary or desirable to vest, or to perfect the record of, title to the Confidential Information in the Company. Executive agrees to execute all documents and do all things necessary or desirable in any controversy or otherwise to aid Company in obtaining and enforcing proper protection of its Confidential Information. (d) During the period commencing on the Effective Date and ending on the second anniversary of the first date on which Executive is neither employed by the Company nor a member of the Board (the "Restriction periodPeriod"), Executive shall not, directly or indirectly, own, operate, have any other than a minor financial interest in, be employed by, or in any other manner take part in or consult with any business that is the same as, similar to, or competitive with the business of the Company as such business is conducted during the Contract Period. During the Restriction periodPeriod, Executive shall not solicit (other than for the benefit of the Company during the Contract periodPeriod) any sale or purchase to or from any person who is or was a customer or supplier of the Company during the term of Executive's employment by the Company, either as an employee, agent, consultant, licensee, independent contractor, ; owner, or otherwise. Furthermore, during the Restriction Period, Executive shall not, directly or indirectly, hire or solicit any employee of the Company. (e) At any time upon request of the Company and upon termination of his employment by the Company, Executive shall deliver to the Company, and 8 shall not retain for his own or another's useUse, any and all lists, information, notes, memoranda, documents, devices, and any other material, and all copies thereof, relating toto Executive's work or the products or business of the company of which Executive had knowledge. (f) If any provision of this Section 12 is determined by any court of competent jurisdiction to be unenforceable by reason of its extending for too great a period of time or over too great a geographical area, it shall be interpreted to extend only over the maximum period of time for which it may be enforceable, or over the maximum geographical area to which it may be enforceable, or both; and such partial unenforceability shall not affect any other provision of this Agreement. Executive acknowledges that, in light of the proprietary interest of the Company in the Confidential Information, the restrictions set forth herein are reasonable and that the remedies at law for the breach of any provision of this Section 12 are inadequate. Accordingly, in the event of any breach, or reasonable belief as to the existence or imminence of a breach, of the provisions hereof, the Company shall be entitled to injunctive relief to enjoin the breach (in addition to any other legal and equitable remedies that the Company may have, including an equitable accounting of gain to Executive resulting from the breach), together with all costs and expenses, including reasonable attorney's fees, related to the enforcement by the Company of its rights hereunder.

Appears in 1 contract

Samples: Employment Agreement (Cuno Inc)

Confidential Information and Noncompetition. Executive agrees and acknowledges that Executive's ’s talents, skills, and experience are unique, and that Company has invested considerable efforts and money in developing and compiling customer lists, supplier lists, and trade and market information, in developing business techniques and practices, and in maintaining valuable market relationships; that such items and all other information that relates to the business of the Company, the business of any customer or supplier of the Company, or the business of any person, firm, or corporation that consults with or is affiliated with the Company, constitute for purposes hereof the "Confidential Information" of the Company; and that the Confidential Information is valuable property of the company and is vital to the operation and continuation of the Company's ’s business. Confidential Information shall not include information so generally known as to be part of the public domain. Executive acknowledges that the Company has and will disclose Confidential Information to Executive and afford him access to Confidential Information in connection with his employment with the Company. Executive agrees that he shall use such Confidential Information solely for the benefit of the Company. Executive further acknowledges that the grant of 25,000 restricted shares referred to in section 3(d3(c) is being made by the Company in order to induce Executive to agree to the restrictions contained in this Section 12 and that Executive has received valuable consideration commensurate with those restrictions. Accordingly, Executive agrees and acknowledges that: (a) Except as required in the performance of his duties as an employee of the Company, Executive shall not at any time, either directly or indirectly, use, divulge, disclose, . or communicate to any person, firm, or corporation in any manner whatsoever any Confidential Information. (b) Executive has been shall be given access to the Company's ’s Confidential Information solely for purposes relating to his employment by the Company. Executive shall have no rights in such Confidential Information or any letters patent, copyrights, or other proprietary rights relating thereto, and Executive hereby assigns to the Company any supplemental or additional information relating to the Confidential Information acquired by Executive, whether solely or in collaboration with others, that relates in any manner to either the subject of Executive's ’s work for the Company or any business of the Company during the Contract Period ("Improvements"). Executive will disclose promptly in writing to the Company all such Improvements or information supplemental or related thereto, and such Improvements shall be treated for all purposes as Confidential Information hereunder. (c) During the Contract Period and thereafter, at the request of the Company and without expense to Executive, Executive shall cooperate in the procurement of any patent, copyright, trademark, or trade name protection in the Company's ’s name that may be necessary or desirable to vest, or to perfect the record of, title to the Confidential Information in the Company. Executive agrees to execute all documents and do all things necessary or desirable in any controversy or otherwise to aid Company in obtaining and enforcing proper protection of its Confidential Information. (d) During the period commencing on the Effective Date and ending on the second anniversary of the first date on which Executive is neither employed by the Company nor a member of the Board (the "Restriction period"Period”), Executive shall not, directly or indirectly, own, operate, have any other than a minor financial interest in, be employed by, or in any other manner take part in or consult with any business that is the same as, similar to, or competitive with the business of the Company as such business is conducted during the Contract Period. During the Restriction periodPeriod, Executive shall not solicit (other than for the benefit of the Company during the Contract periodPeriod) any sale or purchase to or from any person who is or was a customer or supplier of the Company during the term of Executive's ’s employment by the Company, either as an employee, agent, consultant, licensee, independent contractor, ; owner, or otherwise. Furthermore, during the Restriction Period, Executive shall not, directly or indirectly, hire or solicit any employee of the Company. (e) At any time upon request of the Company and upon termination of his employment by the Company, Executive shall deliver to the Company, and shall not retain for his own or another's use’s Use, any and all lists, information, notes, memoranda, documents, devices, and any other material, and all copies thereof, relating toto Executive’s work or the products or business of the company of which Executive had knowledge. (f) If any provision of this Section 12 is determined by any court of competent jurisdiction to be unenforceable by reason of its extending for too great a period of time or over too great a geographical area, it shall be interpreted to extend only over the maximum period of time for which it may be enforceable, or over the maximum geographical area to which it may be enforceable, or both; and such partial unenforceability shall not affect any other provision of this Agreement. Executive acknowledges that, in light of the proprietary interest of the Company in the Confidential Information, the restrictions set forth herein are reasonable and that the remedies at law for the breach of any provision of this Section 12 are inadequate. Accordingly, in the event of any breach, or reasonable belief as to the existence or imminence of a breach, of the provisions hereof, the Company shall be entitled to injunctive relief to enjoin the breach (in addition to any other legal and equitable remedies that the Company may have, including an equitable accounting of gain to Executive resulting from the breach), together with all costs and expenses, including reasonable attorney’s fees, related to the enforcement by the Company of its rights hereunder.

Appears in 1 contract

Samples: Employment Agreement (Cuno Inc)

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