Common use of Confidential Information; Covenant Not to Compete/Not to Solicit Clause in Contracts

Confidential Information; Covenant Not to Compete/Not to Solicit. (a) Sections 5(b), (c), (d) and (e) below do not apply to the extent the Participant is subject under a written employment agreement between the Participant and the Company or an Affiliate thereof to obligations or restrictions relating to confidential information, non-solicitation and non-competition that are set out in such employment agreement and such Participant remains bound by all of the provisions in the employment agreement including any provisions contained therein relating to confidential information, non-competition and non-solicitation (such provisions, the “Employment Agreement Covenants”). (b) In this Section 5, the following words and phrases shall have the following meanings:

Confidential Information; Covenant Not to Compete/Not to Solicit. (a) Sections 5(b9(b), (c), (d) and (e) below do not apply to the extent the Participant is subject under a written employment agreement between the Participant and the Company or an Affiliate thereof to obligations or restrictions relating to confidential information, non-solicitation and non-competition that are set out in such employment agreement and such Participant remains bound by all of the provisions in the employment agreement including any provisions contained therein relating to confidential information, non-competition and non-solicitation (such provisions, the “Employment Agreement Covenants”). (b) In this Section 59, the following words and phrases shall have the following meanings: