Common use of Confidential Information and Restrictive Covenants Clause in Contracts

Confidential Information and Restrictive Covenants. (a) The Employee shall treat as confidential all information concerning the activities of the Employer, and he shall not disclose to third parties, or to other employees, any information of which he may have been made aware during the present Contract, notwithstanding that which is reasonably necessary to permit normal performance or their respective duties by the parties concerned. (b) All notes, reports, listings, files, documents, and contacts whatsoever related to the Employer are and shall remain the exclusive property of the Employer and shall be created, processed, and stored by the Employee in a confidential manner exclusively on behalf of the Employer. When the present Contract shall come to an end, the Employee must return to the Employer all documents as well as copies of such documents which may be in the possession of or under the control of the Employee, and the Employee undertakes to do everything to assist the Employer to recover all documents which may be beyond the control of the Employee. (c) Simultaneously to the signing of the present Contract, the Parties acknowledge they are executing the Altisource Employee Intellectual Property Agreement in substantially the same form of that which is appended hereto as exhibit B. (d) Following the valid termination of the Employment, the Employee hereby expressly agrees to refrain from setting up his own company, or setting himself up as a freelancer, in any directly or indirectly competing field with the Employer’s activities including but not limited to any residential mortgage related services, residential mortgage related outsourcing services, receivables management outsourcing services and the sale of mortgage related technology products in Luxembourg for a period of one (1) year. (e) The Employee hereby acknowledges that during his time of Employment he has been and will be provided with access to confidential information and to Employer’s clients, customers and others with whom the Employer has formed valuable business arrangements. The Employee hereby agrees that he will not: (i) for a period of one (1) year following the date of termination of this Contract, solicit any of Employer’s clients or take any other action that would interfere with, diminish or impair the relationships that the Employer has with its clients, customers and others with which the Employer has business relationships or to which services are rendered; (ii) hire, recruit, solicit for employment or induce to terminate the Employer’s employment of any person (natural or otherwise) who is or who becomes an employee of the Employer; or (iii) assist with others engaging in any of the foregoing.

Confidential Information and Restrictive Covenants. (a) The Employee Executive shall treat as confidential all information concerning hold in a fiduciary capacity for the activities benefit of the EmployerCompany all secret or confidential information, knowledge or data relating to the Company or any of its Affiliated Companies, and he their respective businesses (“Confidential Information”) which shall have been obtained by the Executive during the Executive’s employment by the Company or any of its Affiliated Companies and which shall not disclose be or become public knowledge (other than by acts by the Executive or representatives of the Executive in violation of this Agreement). After termination of the Executive’s employment with the Company, the Executive shall not, without the prior written consent of the Board or as may otherwise be required by law or legal process, communicate or divulge any such Confidential Information, knowledge or data to third partiesanyone other than the Company and those designated by the Board, or use such Confidential Information. In no event shall an asserted violation of the provisions of this Section 8(a) constitute a basis for deferring or withholding any amounts otherwise payable to other employees, any information of which he may have been made aware during the present Contract, notwithstanding that which is reasonably necessary to permit normal performance or their respective duties by the parties concerned.Executive under this Agreement. ​ (b) All notesThe Executive acknowledges that (i) the Company has spent substantial time, reports, listings, files, documentseffort, and money in developing goodwill with its customers and other business contacts whatsoever related (including physicians and other health care personnel), in developing its Confidential Information, in recruiting and training its personnel, in recruiting customers, suppliers and/or accounts, and in developing its business throughout the world; (ii) during his employment with the Company, he had and will continue to the Employer are and shall remain the exclusive property have access to Confidential Information of the Employer Company and shall be createdits Affiliated Companies; (iii) during his employment with the Company, processed, and stored by the Employee in a confidential manner exclusively he will develop goodwill relationships on behalf of the Employer. When Company and its Affiliated Companies, and that any new business or improvement in customer, supplier and employee relations attributable to him during his employment was and is for the present Contract shall come to an end, the Employee must return to the Employer all documents as well as copies of such documents which may be in the possession of or under the control sole benefit of the Employee, and the Employee undertakes to do everything to assist the Employer to recover all documents which may be beyond the control of the EmployeeCompany. (c) Simultaneously to To protect the signing goodwill, the Confidential Information, and the business of the present ContractCompany, the Parties acknowledge they are executing the Altisource Employee Intellectual Property Agreement in substantially the same form of that which is appended hereto as exhibit B. (d) Following the valid termination of the Employment, the Employee hereby expressly agrees to refrain from setting up his own company, or setting himself up as a freelancer, in any directly or indirectly competing field with the Employer’s activities including but not limited to any residential mortgage related services, residential mortgage related outsourcing services, receivables management outsourcing services and the sale of mortgage related technology products in Luxembourg for a period of one (1) year. (e) The Employee hereby acknowledges Executive covenants that during his time of Employment he has been employment with the Company and will be provided with access to confidential information and to Employer’s clients, customers and others with whom the Employer has formed valuable business arrangements. The Employee hereby agrees that he will not: (i) for a period of one (1) year ​ following the termination of his employment with the Company for any reason, including expiration of the Term (the “Non-Solicit Period”), he will not, except in properly performing his job duties on behalf of the Company, either individually or on behalf of any other individual, firm, corporation, entity, or organization (except for the Company) (each, a “Person”), directly or indirectly, do any of the following: (i) solicit or otherwise attempt to sell products and/or services of any kind or character that are the same as or similar to those products or services offered by the Company or any Affiliated Company to any Person that, within the one-year period immediately preceding the termination of the Executive’s employment with the Company, was (A) a current or prospective customer of the Company or an Affiliated Company whose business the Company or an Affiliated Company solicited, or (B) a Person whose identity the Executive learned of or to which he otherwise had access during his employment with the Company; and (ii) solicit or otherwise induce any then-current employee, consultant or independent contractor of the Company or Affiliated Company to terminate his or her employment or contractual agreements with the Company or any Affiliated Company. If the Executive, either individually or on behalf of or with any other Person, hires a current or former employee, consultant or independent contractor of the Company or any Affiliated Company within twelve (12) months of the date such employee’s, consultant’s or contractor’s employment or contract with the Company or Affiliated Company terminates, unless the employee, consultant or contractor was involuntarily terminated by the Company or Affiliated Company, the Executive shall bear the burden of proving that such employee, consultant or contractor was not solicited or otherwise induced to terminate his/her employment or contractual agreement in violation of this subsection 8(c)(ii). ​ (d) To protect the goodwill, the Confidential Information and the business of the Company, the Executive covenants that during his employment with the Company and continuing for one (1) year from the date of the termination of this Contracthis employment with the Company for any reason, solicit including expiration of the Term, (the “Non-Compete Period”), the Executive will not, anywhere in the North America or in any country outside North America in which (x) the Company or Company Affiliates conduct business operations or other activities within the Industry or (y) products of Employerthe Company are sold, either directly or indirectly through distributors of the Company, in each case, during the one-year period ending on the date of the Executive’s clients termination of employment, either individually or take on behalf of or with any other action that would interfere withPerson, diminish directly or impair indirectly (i) compete with or against the relationships that Company or any Affiliated Company in the Employer has Industry or engage in any aspect of the Industry in competition with its clients, customers and others with which the Employer has business relationships Company or to which services are renderedany Affiliated Company; (ii) hiredirectly or indirectly own, recruitmanage, solicit for operate, control, be employed by, or provide management or consulting services to any Person (other than as a stockholder of less than 5% of the equities of a publicly traded corporation) that competes with or is a competitor of the Company in the Industry (“Competing Person”); (iii) discuss the possibility of employment or induce other relationship with any Competing Person; (iv) render or provide any services to terminate or for any Competing Person; (v) discuss or otherwise deal with any customer, supplier, or independent contractor of the Employer’s employment Company or any Affiliated Company regarding the extent or nature of the present or future business of any person (natural customer, supplier, or otherwise) who is independent contractor with the Company or who becomes an employee any Affiliated Company except on behalf of the EmployerCompany or an Affiliated Company; or (iiivi) assist with others engaging in any of the foregoingundertake preparations for competitive activity prohibited by this Section 8(d).

Confidential Information and Restrictive Covenants. (a) The Employee shall treat as confidential all information concerning the activities of the Employer, and he shall not disclose to third parties, or to other employees, any information of which he may have been made aware during the present Contract, notwithstanding that which is reasonably necessary to permit normal performance or their respective duties by the parties concerned. (b) All notes, reports, listings, files, documents, and contacts whatsoever related to the Employer are and shall remain the exclusive property of the Employer and shall be created, processed, and stored by the Employee in a confidential manner exclusively on behalf of the Employer. When the present Contract shall come to an end, the Employee must return to the Employer all documents as well as copies of such documents which may be in the possession of or under the control of the Employee, and the Employee undertakes to do everything to assist the Employer to recover all documents which may be beyond the control of the Employee. (c) Simultaneously to the signing of the present Contract, the Parties acknowledge they are executing the Altisource Employee Intellectual Property Agreement in substantially the same form of that which is appended hereto as exhibit Exhibit B. (d) Following the valid termination of the Employment, the Employee hereby expressly agrees to refrain from setting up his own company, or setting himself up as a freelancer, in any directly or indirectly competing field with the Employer’s activities including but not limited to any residential mortgage related services, residential mortgage related outsourcing services, receivables management outsourcing services and the sale of mortgage related technology products in Luxembourg for a period of one (1) year. (e) The Employee hereby acknowledges that during his time of Employment he has been and will be provided with access to confidential information and to Employer’s clients, customers and others with whom the Employer has formed valuable business arrangements. The Employee hereby agrees that he will not: (i) for a period of one (1) year following the date of termination of this Contract, solicit any of Employer’s clients or take any other action that would interfere with, diminish or impair the relationships that the Employer has with its clients, customers and others with which the Employer has business relationships or to which services are rendered; (ii) hire, recruit, solicit for employment or induce to terminate the Employer’s employment of any person (natural or otherwise) who is or who becomes an employee of the Employer; or (iii) assist with others engaging in any of the foregoing.