Common use of Confidential Information and Records Clause in Contracts

Confidential Information and Records. (a) Employee shall receive in confidence any and all data and information about Employer’s business that comes to Employee’s attention during Employee’s employment with Employer, including, without limitation: (i) customer lists and customer information, including names, addresses and other contact information, requirements, financial information, transaction histories, and other information relating to Employer’s relationships with customers; (ii) prospect lists and information, including names, addresses and other contact information, requirements, financial information, and other information relating to Employer’s efforts to secure business with prospects; (iii) marketing plans and concepts; (iv) fee schedules; (v) products and services in development; (vi) information concerning sales, costs, profit margins, and other financial information pertaining to Employer; and (vii) any other information Employer reasonably treats as confidential during Employee’s employment with Employer (collectively, the “Confidential Information”). Employee shall not disclose any Confidential Information to anyone except Employer or authorized representatives designated by Employer. Employee shall use such Confidential Information only in the course of Employee’s duties as an employee of Employer and in the best interests of Employer. (b) Employee’s confidentiality obligations imposed by Section 7(a) shall continue as long as the Confidential Information remains confidential. The confidentiality obligations imposed by Section 7(a) do not apply to information that Employee can prove becomes generally known to the public other than through violation of this Agreement. (c) The parties agree that the foregoing is intended to supplement, but not displace, Employer’s rights under the Indiana Uniform Trade Secrets Act, Ind. Code § 24-2-3, et seq., and its supplemental and successor acts. (d) Immediately upon Employer’s request and/or termination of Employee’s employment, Employee shall return all property of Employer, including without limitation Employer-provided computers, software, cell phones, data storage devices, and all records and documents, regardless of form, that contain Confidential Information. Employee shall delete all Confidential Information from all personal computers, storage devices, PDAs, Blackberries, cell phones or other devices owned by Employee. Employee shall not maintain copies (electronic or otherwise) of any Confidential Information. In addition, Employee shall provide to Employer’s Chairman or President, upon their request, all information necessary for the use of any Employer property, such as passwords or access codes.

Confidential Information and Records. (a) Employee shall receive in confidence any and all data and information about EmployerMCC’s business that comes to Employee’s attention during Employee’s employment with EmployerMCC, including, without limitation: (i) customer lists and customer information, including names, addresses and other contact information, requirements, financial information, transaction histories, and other information relating to EmployerMCC’s relationships with customers; (ii) prospect lists and information, including names, addresses and other contact information, requirements, financial information, and other information relating to EmployerMCC’s efforts to secure business with prospects; (iii) marketing plans and concepts; (iv) fee schedules; (v) products and services in development; (vi) information concerning sales, costs, profit margins, and other financial information pertaining to EmployerMCC; and (vii) any other information Employer MCC reasonably treats as confidential during Employee’s employment with Employer MCC (collectively, the “Confidential Information”). Employee shall not disclose any Confidential Information to anyone except Employer MCC or authorized representatives designated by EmployerMCC. Employee shall use such Confidential Information only in the course of Employee’s duties as an employee of Employer MCC and in the best interests of EmployerMCC. (b) Employee’s confidentiality obligations imposed by Section 7(a) shall continue as long as the Confidential Information remains confidential. The confidentiality obligations imposed by Section 7(a) do not apply to information that Employee can prove becomes generally known to the public other than through violation of this Agreement. (c) The parties agree that the foregoing is intended to supplement, but not displace, EmployerMCC’s rights under the Indiana Uniform Trade Secrets Act, Ind. Code § 24-2-3, et seq., and its supplemental and successor acts. (d) Immediately upon EmployerMCC’s request and/or termination of Employee’s employment, Employee shall return all property of EmployerMCC, including without limitation EmployerMCC-provided computers, software, cell phones, data storage devices, and all records and documents, regardless of form, that contain Confidential Information. Employee shall delete all Confidential Information from all personal computers, storage devices, PDAs, Blackberries, cell phones or other devices owned by Employee. Employee shall not maintain copies (electronic or otherwise) of any Confidential Information. In addition, Employee shall provide to Employer’s Chairman the Approving Person, or Presidentany person designated thereby, upon their request, all information necessary for the use of any Employer MCC property, such as passwords or access codes.

Confidential Information and Records. Employer is engaged or will engage in a very competitive industry and marketplace. Employer expects to accumulate substantial know-how and other information, at much effort and cost, all of which is not generally known, relating to all or some of the following: its existing and contemplated products, services, procedures, methods of doing business, machinery and equipment, compositions, technology, formulas, know-how, methods of production and providing services, research and development programs and plans, sales and marketing methods, existing and prospective customers and suppliers, customer lists, customer usages and requirements, financial matters, contractual and other agreements or business relationships, and other confidential business information, trade secrets and data (a) all hereinafter referred to as "Confidential Information"). This Confidential Information is essential to the well-being and success of Employer. Employee shall receive in confidence any acknowledges that his employment entails a position of trust, and all data that Employee has or will have access to Confidential Information. Employee further acknowledges that such Confidential Information is vital to the personal development, advancement, and information about Employer’s business economic security of each person who looks to Employer as the principal means for providing continuing opportunities for personal growth and promotion, and that comes to Employee’s attention during Employee’s employment with the acquisition of such Confidential Information by a competitor of Employer would not only injure Employer, includingbut would also put Employer's personnel and their jobs in jeopardy. For the above reasons, without limitation: as an inducement to cause Employer to execute this Agreement, and in further consideration of Employee's employment and continued employment, raises, promotions, and/or other benefits provided to Employee by Employer, Employee agrees as follows: (i) customer lists and customer information, including names, addresses and other contact information, requirements, financial information, transaction histories, and other information relating except as required by Employee's duties to Employer’s relationships with customers, not to at any time directly or indirectly disclose to or use for others or appropriate for his own personal use or cause to be used by others any Confidential Information without first obtaining the written consent of Employer to do so; (ii) prospect lists and information, including names, addresses and other contact information, requirements, financial information, and other information relating to Employer’s efforts to secure business with prospects; (iii) marketing plans and concepts; (iv) fee schedules; (v) products and services in development; (vi) information concerning sales, costs, profit margins, and other financial information pertaining to Employer; and (vii) any other information Employer reasonably treats as confidential during Employee’s employment with Employer (collectively, the “Confidential Information”). Employee shall not disclose any Confidential Information to anyone except Employer or authorized representatives designated by Employer. Employee shall use such Confidential Information only in the course of Employee’s duties as an employee of Employer and in the best interests of Employer. (b) Employee’s confidentiality obligations imposed by Section 7(a) shall continue as long as the Confidential Information remains confidential. The confidentiality obligations imposed by Section 7(a) do not apply to information that Employee can prove becomes generally known to the public other than through violation of this Agreement. (c) The parties agree that the foregoing is intended to supplement, but not displace, Employer’s rights under the Indiana Uniform Trade Secrets Act, Ind. Code § 24-2-3, et seq., and its supplemental and successor acts. (d) Immediately upon Employer’s request and/or termination of Employee’s employment, Employee shall return all property of Employer, including without limitation Employer-provided computers, software, cell phones, data storage devices, and all records and documents, regardless other writings of form, that contain Confidential Information. Employee shall delete all Confidential Information from all personal computers, storage devices, PDAs, Blackberries, cell phones or other devices owned prepared by Employee. Employee , or which come into his possession or control, or which he has access to, are and shall not maintain copies (electronic or otherwise) of any Confidential Information. In addition, Employee shall provide to Employer’s Chairman or President, upon their request, all information necessary for remain the use of any Employer property, such as passwords or access codes.exclusive property of