Common use of Confidential Information Intellectual Property Clause in Contracts

Confidential Information Intellectual Property. X. Xxxxxx acknowledges that during the course of her employment with the Company, she will be given or will have access to non-public and confidential business information of the Company which will include information concerning pending or potential transactions, financial information concerning the Company, information concerning the Company’s product formulas and processes, information concerning the Company’s business plans and strategies, information concerning Company personnel and vendors, and other non-public proprietary information of the Company (all collectively called “Confidential Information”). All of the Confidential Information constitutes “trade secrets” under the Uniform Trade Secrets Act. Modaro covenants and agrees that during and after the term of her employment by the Company she will not disclose such information or any part thereof to anyone outside the Company or use such information for any purpose other than the furtherance of the Company’s interests without the prior written consent of the CEO or Board. X. Xxxxxx further covenants that for a period of one (1) year after her employment by the Company terminates, she will not, directly or indirectly, overtly or tacitly, induce, attempt to induce, solicit or encourage, or assist anyone in soliciting or encouraging (i) any customer of the Company to cease doing business with, or not to do business with, the Company or (ii) any employee of the Company to leave the Company. C. The Company and Modaro agree that the covenants set forth in this Section 10 are reasonably necessary for the protection of the Company’s Confidential Information and that a breach of the foregoing covenants will cause the Company irreparable damage not compensable by monetary damages, and that in the event of such breach or threatened breach, at the Company’s election, an action may be brought in a court of competent jurisdiction seeking a temporary restraining order and a preliminary injunction against such breach or threatened breach notwithstanding the arbitration provision of Section 12F below. Upon the court’s decision on the application for a preliminary injunction, the court action shall be stayed and the remainder of the dispute submitted to arbitration under Section 12F. The prevailing party in such legal action shall be entitled to recover its costs of suit including reasonable attorneys’ fees. D. The Company shall own all rights in and to the results, proceeds and products of Modaro’s services hereunder, including without limitation, all ideas and intellectual property created or developed by Modaro and which is related to Modaro’s employment.

Confidential Information Intellectual Property. X. Xxxxxx Xxxxx acknowledges that during the course of her his employment with the Company, she he will be given or will have access to non-public and confidential business information of the Company which will include information concerning pending or potential transactions, financial information concerning the Company, information concerning the Company’s product formulas and processes, information concerning the Company’s business plans and strategies, information concerning Company personnel and vendors, and other non-public proprietary information of the Company (all collectively called “Confidential Information”). All of the Confidential Information constitutes “trade secrets” under the Uniform Trade Secrets Act. Modaro Xxxxx covenants and agrees that during and after the term of her his employment by the Company she he will not disclose such information or any part thereof to anyone outside the Company or use such information for any purpose other than the furtherance of the Company’s interests without the prior written consent of the CEO or Board. X. Xxxxxx Xxxxx further covenants that for a period of one two (12) year years after her his employment by the Company terminates, she he will not, directly or indirectly, overtly or tacitly, induce, attempt to induce, solicit or encourage, or assist anyone in soliciting or encouraging encourage (i) any customer or prospective customer of the Company who was a customer or was contacted or solicited by the Company at any time during the last one hundred eighty (180) days of Xxxxx’x employment with the Company (the “window period”) to cease doing business with, or not to do business with, the Company or (ii) any employee of person employed by the Company at any time during the window period to leave the Company. C. The Company and Modaro Xxxxx agree that the covenants set forth in this Section 10 11 are reasonably necessary for the protection of the Company’s Confidential Information and that a breach of the foregoing covenants will cause the Company irreparable damage not compensable by monetary damages, and that in the event of such breach or threatened breach, at the Company’s election, an action may be brought in a court of competent jurisdiction seeking a temporary restraining order and a preliminary injunction against such breach or threatened breach notwithstanding the arbitration provision and reference provisions of Section 12F 13F below. Upon the court’s decision on the application for a preliminary injunction, the court action shall be stayed and the remainder of the dispute submitted to arbitration or reference under Section 12F. 13F. The prevailing party in such legal action shall be entitled to recover its costs of suit including reasonable attorneys’ fees. D. The Company shall own all rights in and to the results, proceeds and products of Modaro’s Xxxxx’x services hereunder, including without limitation, all ideas and intellectual property created or developed by Modaro Xxxxx and which is related to Modaro’s Xxxxx’x employment.

Confidential Information Intellectual Property. X. Xxxxxx Xxxxxxxxx acknowledges that during the course of her his employment with the Company, she he will be given or will have access to non-public and confidential business information of the Company which will include information concerning pending or potential transactions, financial information concerning the Company, information concerning the Company’s product formulas and processes, information concerning the Company’s business plans and strategies, information concerning Company personnel and vendors, and other non-public proprietary information of the Company (all collectively called “Confidential Information”). All of the Confidential Information constitutes “trade secrets” under the Uniform Trade Secrets Act. Modaro Xxxxxxxxx covenants and agrees that during and after the term of her his employment by the Company she he will not disclose such information or any part thereof to anyone outside the Company or use such information for any purpose other than the furtherance of the Company’s interests without the prior written consent of the CEO or Board. X. Xxxxxx Xxxxxxxxx further covenants that for a period of one two (12) year years after her his employment by the Company terminates, she he will not, directly or indirectly, overtly or tacitly, induce, attempt to induce, solicit or encourage, or assist anyone in soliciting or encouraging encourage (i) any customer or prospective customer of the Company to cease doing business with, or not to do business with, the Company or (ii) any employee of the Company to leave the Company. C. The Company and Modaro Xxxxxxxxx agree that the covenants set forth in this Section 10 are reasonably necessary for the protection of the Company’s Confidential Information and that a breach of the foregoing covenants will cause the Company irreparable damage not compensable by monetary damages, and that in the event of such breach or threatened breach, at the Company’s election, an action may be brought in a court of competent jurisdiction seeking a temporary restraining order and a preliminary injunction against such breach or threatened breach notwithstanding the arbitration provision and reference provisions of Section 12F below. Upon the court’s decision on the application for a preliminary injunction, the court action shall be stayed and the remainder of the dispute submitted to arbitration or reference under Section 12F. The prevailing party in such legal action shall be entitled to recover its costs of suit including reasonable attorneys’ fees. D. The Company shall own all rights in and to the results, proceeds and products of Modaro’s Xxxxxxxxx’x services hereunder, including without limitation, all ideas and intellectual property created or developed by Modaro Xxxxxxxxx and which is related to Modaro’s Xxxxxxxxx’x employment.

Confidential Information Intellectual Property. X. Xxxxxx A. Xxxx acknowledges that during the course of her his employment with the Company, she he will be given or will have access to non-public and confidential business information of the Company which will include information concerning pending or potential transactions, financial information concerning the Company, information concerning the Company’s product formulas and processes, information concerning the Company’s business plans and strategies, information concerning Company personnel and vendors, and other non-public proprietary information of the Company (all collectively called “Confidential Information”). All of the Confidential Information constitutes “trade secrets” under the Uniform Trade Secrets Act. Modaro Wxxx covenants and agrees that during and after the term of her his employment by the Company she he will not disclose such information or any part thereof to anyone outside the Company or use such information for any purpose other than the furtherance of the Company’s interests without the prior written consent of the CEO or Board; provided, that the restrictions of this Section 10 shall not apply to any such information that (i) is or becomes generally available to the public other than as a result of a disclosure by Wxxx, or (ii) becomes available to Wxxx from a third party who is not, as a result of such a disclosure, in breach of any confidentiality obligation to the Company, or (iii) was in Wxxx’x possession at the time of disclosure and was not acquired from the Company on a confidential basis. X. Xxxxxx B. Xxxx further covenants that for a period of one two (12) year years after her his employment by the Company terminates, she he will not, directly or indirectly, overtly or tacitly, induce, attempt to induce, solicit or encourage, or assist anyone in soliciting or encouraging encourage (i) any customer or prospective customer of the Company to cease doing business with, or not to do business with, the Company or (ii) any employee of the Company to leave the Company. C. The Company and Modaro Wxxx agree that the covenants set forth in this Section 10 are reasonably necessary for the protection of the Company’s Confidential Information and that a breach of the foregoing covenants will cause the Company irreparable damage not compensable by monetary damages, and that in the event of such breach or threatened breach, at the Company’s election, an action may be brought in a court of competent jurisdiction seeking a temporary restraining order and a preliminary injunction against such breach or threatened breach notwithstanding the arbitration provision of Section 12F below. Upon the court’s decision on the application for a preliminary injunction, the court action shall be stayed and the remainder of the dispute submitted to arbitration under Section 12F. The prevailing party in such legal action shall be entitled to recover its costs of suit including reasonable attorneys’ fees. D. The Company shall own all rights in and to the results, proceeds and products of Modaro’s Wxxx’x services hereunder, including without limitation, all ideas and intellectual property created or developed by Modaro Wxxx and which is related to Modaro’s Wxxx’x employment.

Confidential Information Intellectual Property. X. Xxxxxx Xxxxx acknowledges that during the course of her his employment with the Company, she he will be given or will have access to non-public and confidential business information of the Company which will include information concerning pending or potential transactions, financial information concerning the Company, information concerning the Company’s product formulas and processes, information concerning the Company’s business plans and strategies, information concerning Company personnel and vendors, and other non-public proprietary information of the Company (all collectively called “Confidential Information”). All of the Confidential Information constitutes “trade secrets” under the Uniform Trade Secrets Act. Modaro Xxxxx covenants and agrees that during and after the term of her his employment by the Company she he will not disclose such information or any part thereof to anyone outside the Company or use such information for any purpose other than the furtherance of the Company’s interests without the prior written consent of the CEO or Board. X. Xxxxxx Xxxxx further covenants that for a period of one two (12) year years after her his employment by the Company terminates, she he will not, directly or indirectly, overtly or tacitly, induce, attempt to induce, solicit or encourage, or assist anyone in soliciting or encouraging encourage (i) any customer or prospective customer of the Company to cease doing business with, or not to do business with, the Company or (ii) any employee of the Company to leave the Company. C. The Company and Modaro Xxxxx agree that the covenants set forth in this Section 10 are reasonably necessary for the protection of the Company’s Confidential Information and that a breach of the foregoing covenants will cause the Company irreparable damage not compensable by monetary damages, and that in the event of such breach or threatened breach, at the Company’s election, an action may be brought in a court of competent jurisdiction seeking a temporary restraining order and a preliminary injunction against such breach or threatened breach notwithstanding the arbitration provision and reference provisions of Section 12F below. Upon the court’s decision on the application for a preliminary injunction, the court action shall be stayed and the remainder of the dispute submitted to arbitration or reference under Section 12F. The prevailing party in such legal action shall be entitled to recover its costs of suit including reasonable attorneys’ fees. D. The Company shall own all rights in and to the results, proceeds and products of Modaro’s Xxxxx’x services hereunder, including without limitation, all ideas and intellectual property created or developed by Modaro Xxxxx and which is are related to Modaro’s Xxxxx’x employment.

Confidential Information Intellectual Property. X. Xxxxxx acknowledges that during the course of her his employment with the Company, she he will be given or will have access to non-public and confidential business information of the Company which will include information concerning pending or potential transactions, financial information concerning the Company, information concerning the Company’s product formulas and processes, information concerning the Company’s business plans and strategies, information concerning Company personnel and vendors, and other non-public proprietary information of the Company (all collectively called “Confidential Information”). All of the Confidential Information constitutes “trade secrets” under the Uniform Trade Secrets Act. Modaro Xxxxxx covenants and agrees that during and after the term of her his employment by the Company she he will not disclose such information or any part thereof to anyone outside the Company or use such information for any purpose other than the furtherance of the Company’s interests without the prior written consent of the CEO or Board. X. Xxxxxx further covenants that for a period of one two (12) year years after her his employment by the Company terminates, she he will not, directly or indirectly, overtly or tacitly, induce, attempt to induce, solicit or encourage, or assist anyone in soliciting or encouraging encourage (i) any customer or prospective customer of the Company to cease doing business with, or not to do business with, the Company or (ii) any employee of the Company to leave the Company. C. The Company and Modaro Xxxxxx agree that the covenants set forth in this Section 10 are reasonably necessary for the protection of the Company’s Confidential Information and that a breach of the foregoing covenants will cause the Company irreparable damage not compensable by monetary damages, and that in the event of such breach or threatened breach, at the Company’s election, an action may be brought in a court of competent jurisdiction seeking a temporary restraining order and a preliminary injunction against such breach or threatened breach notwithstanding the arbitration provision and reference provisions of Section 12F below. Upon the court’s decision on the application for a preliminary injunction, the court action shall be stayed and the remainder of the dispute submitted to arbitration or reference under Section 12F. The prevailing party in such legal action shall be entitled to recover its costs of suit including reasonable attorneys’ fees. D. The Company shall own all rights in and to the results, proceeds and products of Modaro’s Xxxxxx’x services hereunder, including without limitation, all ideas and intellectual property created or developed by Modaro Xxxxxx and which is are related to Modaro’s Xxxxxx’x employment.

Confidential Information Intellectual Property. X. Xxxxxx Xxxxx acknowledges that during the course of her his employment with the Company, she he will be given or will have access to non-public and confidential business information of the Company which will include information concerning pending or potential transactions, financial information concerning the Company, information concerning the Company’s product formulas and processes, information concerning the Company’s business plans and strategies, information concerning Company personnel and vendors, and other non-public proprietary information of the Company (all collectively called “Confidential Information”). All of the Confidential Information constitutes “trade secrets” under the Uniform Trade Secrets Act. Modaro Xxxxx covenants and agrees that during and after the term of her his employment by the Company she he will not disclose such information or any part thereof to anyone outside the Company or use such information for any purpose other than the furtherance of the Company’s interests without the prior written consent of the CEO Committee, the Board or Boardthe permanent Chief Executive Officer, as applicable. X. Xxxxxx Xxxxx further covenants that for a period of one two (12) year years after her his employment by the Company terminates, she he will not, directly or indirectly, overtly or tacitly, induce, attempt to induce, solicit or encourage, or assist anyone in soliciting or encouraging encourage (i) any customer or prospective customer of the Company to cease doing business with, or not to do business with, the Company or (ii) any employee of the Company to leave the Company. C. The Company and Modaro Xxxxx agree that the covenants set forth in this Section 10 12 are reasonably necessary for the protection of the Company’s Confidential Information and that a breach of the foregoing covenants will cause the Company irreparable damage not compensable by monetary damages, and that in the event of such breach or threatened breach, at the Company’s election, an action may be brought in a court of competent jurisdiction seeking a temporary restraining order and a preliminary injunction against such breach or threatened breach notwithstanding the arbitration provision and reference provisions of Section 12F 14F below. Upon the court’s decision on the application for a preliminary injunction, the court action shall be stayed and the remainder of the dispute submitted to arbitration or reference under Section 12F. 14F. The prevailing party in such legal action shall be entitled to recover its costs of suit including reasonable attorneys’ fees. D. The Company shall own all rights in and to the results, proceeds and products of Modaro’s Xxxxx’x services hereunder, including without limitation, all ideas and intellectual property created or developed by Modaro Xxxxx and which is related to Modaro’s Xxxxx’x employment.

Confidential Information Intellectual Property. X. Xxxxxx acknowledges that You acknowledge that, during the course of her your employment with the Company, she will be you have been given or will and have access to non-public and confidential business information of the Company which will include includes information concerning pending or potential transactions, financial information concerning the Company, information concerning the Company’s product formulas and processes, information concerning the Company’s business plans and strategies, information concerning Company personnel and vendors, and other non-public proprietary information of the Company (all collectively called “Confidential Information”). All of the Confidential Information constitutes “trade secrets” under the Uniform Trade Secrets Act. Modaro covenants You covenant and agrees agree that during and after the term of her your employment by the Company she you will not disclose such information or any part thereof to anyone outside the Company or use such information for any purpose other than the furtherance of the Company’s interests without the prior written consent of the CEO Chief Executive Officer or Board. X. Xxxxxx the Company’s Board of Directors. You further covenants covenant that for a period of one two (12) year years after her employment by the Company terminatesSeparation Date, she you will not, directly or indirectly, overtly or tacitly, induce, attempt to induce, solicit or encourage, encourage any customer or assist anyone in soliciting or encouraging (i) any prospective customer of the Company to cease doing business with, or not to do business with, the Company or (ii) any employee of the Company to leave the Company. C. . The Company and Modaro you agree that the covenants set forth in this Section 10 7 are reasonably necessary for the protection of the Company’s Confidential Information and that a breach of the foregoing covenants will cause the Company irreparable damage not compensable by monetary damages, and that in the event of such breach or threatened breach, at the Company’s election, an action may be brought in a court of competent jurisdiction seeking a temporary restraining order and a preliminary injunction Xx. Xxxxxxxxx X. Gómez December 12, 2013 against such breach or threatened breach notwithstanding the arbitration provision of Section 12F 21 below. Upon the court’s decision on the application for a preliminary injunction, the court action shall be stayed and the remainder of the dispute submitted to arbitration under Section 12F. 21. The prevailing party in such legal action shall be entitled to recover its costs of suit including reasonable attorneys’ fees. D. The Company shall own all rights in and to the results, proceeds and products of Modaro’s services hereunder, including without limitation, all ideas and intellectual property created or developed by Modaro and which is related to Modaro’s employment.

Confidential Information Intellectual Property. X. Xxxxxx Xxxxx acknowledges that during the course of her his employment with the Company, she he will be given or will have access to non-public and confidential business information of the Company which will include information concerning pending or potential transactions, financial information concerning the Company, information concerning the Company’s product formulas and processes, information concerning the Company’s business plans and strategies, information concerning Company personnel and vendors, and other non-public proprietary information of the Company (all collectively called “Confidential Information”). All of the Confidential Information constitutes “trade secrets” under the Texas Uniform Trade Secrets Act. Modaro Xxxxx covenants and agrees that during and after the term of her his employment by the Company she he will not disclose such information or any part thereof to anyone outside the Company or use such information for any purpose other than the furtherance of the Company’s interests without the prior written consent of the CEO or Board. X. Xxxxxx Xxxxx further covenants that for a period of one two (12) year years after her his employment by the Company terminates, she he will not, directly or indirectly, overtly or tacitly, induce, attempt to induce, solicit or encourage, or assist anyone in soliciting or encouraging encourage (i) any customer or prospective customer of the Company to cease doing business with, or not to do business with, the Company or (ii) any employee of the Company to leave the Company. C. The Company and Modaro Xxxxx agree that the covenants set forth in this Section 10 are reasonably necessary for the protection of the Company’s Confidential Information and that a breach of the foregoing covenants will cause the Company irreparable damage not compensable by monetary damages, and that in the event of such breach or threatened breach, at the Company’s election, an action may be brought in a court of competent jurisdiction seeking a temporary restraining order and a preliminary injunction against such breach or threatened breach notwithstanding the arbitration provision and reference provisions of Section 12F below. Upon the court’s decision on the application for a preliminary injunction, the court action shall be stayed and the remainder of the dispute submitted to arbitration or reference under Section 12F. The prevailing party in such legal action shall be entitled to recover its costs of suit including reasonable attorneys’ fees. D. The Company shall own all rights in and to the results, proceeds and products of Modaro’s Xxxxx’x services hereunder, including without limitation, all ideas and intellectual property created or developed by Modaro Xxxxx and which is are related to Modaro’s Xxxxx’x employment.

Confidential Information Intellectual Property. X. Xxxxxx acknowledges that during the course of her his employment with the Company, she he will be given or will have access to non-public and confidential business information of the Company which will include information concerning pending or potential transactions, financial information concerning the Company, information concerning the Company’s product formulas and processes, information concerning the Company’s business plans and strategies, information concerning Company personnel and vendors, and other non-public proprietary information of the Company (all collectively called “Confidential Information”). All of the Confidential Information constitutes “trade secrets” under the Texas Uniform Trade Secrets Act. Modaro Xxxxxx covenants and agrees that during and after the term of her his employment by the Company she he will not disclose such information or any part thereof to anyone outside the Company or use such information for any purpose other than the furtherance of the Company’s interests without the prior written consent of the CEO or Board. X. Xxxxxx further covenants that for a period of one two (12) year years after her his employment by the Company terminates, she he will not, directly or indirectly, overtly or tacitly, induce, attempt to induce, solicit or encourage, or assist anyone in soliciting or encouraging encourage (i) any customer or prospective customer of the Company to cease doing business with, or not to do business with, the Company or (ii) any employee of the Company to leave the Company. C. The Company and Modaro Xxxxxx agree that the covenants set forth in this Section 10 are reasonably necessary for the protection of the Company’s Confidential Information and that a breach of the foregoing covenants will cause the Company irreparable damage not compensable by monetary damages, and that in the event of such breach or threatened breach, at the Company’s election, an action may be brought in a court of competent jurisdiction seeking a temporary restraining order and a preliminary injunction against such breach or threatened breach notwithstanding the arbitration provision and reference provisions of Section 12F below. Upon the court’s decision on the application for a preliminary injunction, the court action shall be stayed and the remainder of the dispute submitted to arbitration or reference under Section 12F. The prevailing party in such legal action shall be entitled to recover its costs of suit including reasonable attorneys’ fees. D. The Company shall own all rights in and to the results, proceeds and products of Modaro’s Xxxxxx’x services hereunder, including without limitation, all ideas and intellectual property created or developed by Modaro Xxxxxx and which is are related to Modaro’s Xxxxxx’x employment.

Confidential Information Intellectual Property. X. Xxxxxx Xxxxxxx acknowledges that during the course of her his employment with the Company, she he will be given or will have access to non-public and confidential business information of the Company which will include information concerning pending or potential transactions, financial information concerning the Company, information concerning the Company’s product formulas and processes, information concerning the Company’s business plans and strategies, information concerning Company personnel and vendors, and other non-public proprietary information of the Company (all collectively called “Confidential Information”). All of the Confidential Information constitutes “trade secrets” under the Uniform Trade Secrets Act. Modaro Xxxxxxx covenants and agrees that during and after the term of her his employment by the Company she he will not disclose such information or any part thereof to anyone outside the Company or use such information for any purpose other than the furtherance of the Company’s interests without the prior written consent of the CEO CEO, CFO or Board. X. Xxxxxx Xxxxxxx further covenants that for a period of one two (12) year years after her his employment by the Company terminates, she he will not, directly or indirectly, overtly or tacitly, induce, attempt to induce, solicit or encourage, or assist anyone in soliciting or encouraging encourage (i) any customer or prospective customer of the Company to cease doing business with, or not to do business with, the Company or (ii) any employee of the Company to leave the Company. C. The Company and Modaro Xxxxxxx agree that the covenants set forth in this Section 10 are reasonably necessary for the protection of the Company’s Confidential Information and that a breach of the foregoing covenants will cause the Company irreparable damage not compensable by monetary damages, and that in the event of such breach or threatened breach, at the Company’s election, an action may be brought in a court of competent jurisdiction seeking a temporary restraining order and a preliminary injunction against such breach or threatened breach notwithstanding the arbitration provision and reference provisions of Section 12F below. Upon the court’s decision on the application for a preliminary injunction, the court action shall be stayed and the remainder of the dispute submitted to arbitration or reference under Section 12F. The prevailing party in such legal action shall be entitled to recover its costs of suit including reasonable attorneys’ fees. D. The Company shall own all rights in and to the results, proceeds and products of Modaro’s Xxxxxxx’x services hereunder, including without limitation, all ideas and intellectual property created or developed by Modaro Xxxxxxx and which is related to Modaro’s Xxxxxxx’x employment.

Confidential Information Intellectual Property. X. Xxxxxx Xxxxxxxx acknowledges that during the course of her his employment with the Company, she he will be given or will have access to non-public and confidential business information of the Company which will include information concerning pending or potential transactions, financial information concerning the Company, information concerning the Company’s product formulas and processes, information concerning the Company’s business plans and strategies, information concerning Company personnel and vendors, and other non-public proprietary information of the Company (all collectively called “Confidential Information”). All of the Confidential Information constitutes “trade secrets” under the Uniform Trade Secrets Act. Modaro Xxxxxxxx covenants and agrees that during and after the term of her his employment by the Company she he will not disclose such information or any part thereof to anyone outside the Company or use such information for any purpose other than the furtherance of the Company’s interests without the prior written consent of the CEO or Board. X. Xxxxxx Xxxxxxxx further covenants that for a period of one two (12) year years after her his employment by the Company terminates, she he will not, directly or indirectly, overtly or tacitly, induce, attempt to induce, solicit or encourage, or assist anyone in soliciting or encouraging encourage (i) any customer or prospective customer of the Company to cease doing business with, or not to do business with, the Company or (ii) any employee of the Company to leave the Company. C. The Company and Modaro Xxxxxxxx agree that the covenants set forth in this Section 10 are reasonably necessary for the protection of the Company’s Confidential Information and that a breach of the foregoing covenants will cause the Company irreparable damage not compensable by monetary damages, and that in the event of such breach or threatened breach, at the Company’s election, an action may be brought in a court of competent jurisdiction seeking a temporary restraining order and a preliminary injunction against such breach or threatened breach notwithstanding the arbitration provision and reference provisions of Section 12F below. Upon the court’s decision on the application for a preliminary injunction, the court action shall be stayed and the remainder of the dispute submitted to arbitration or reference under Section 12F. The prevailing party in such legal action shall be entitled to recover its costs of suit including reasonable attorneys’ fees. D. The Company shall own all rights in and to the results, proceeds and products of Modaro’s Xxxxxxxx’x services hereunder, including without limitation, all ideas and intellectual property created or developed by Modaro Xxxxxxxx and which is are related to Modaro’s Xxxxxxxx’x employment. E. The parties acknowledge that Xxxxxxxx is the founder and owner of Winning Enterprises (the “Enterprise”) and is the author of the book Building Winning Enterprises through Productivity (the “Book”), and the Company hereby consents to Xxxxxxxx’x continued involvement in the Enterprise and support of the marketing and sale of the Book; provided, that: (i) Xxxxxxxx shall devote his full business time and attention to his duties to the Company during the Term of the Agreement; (ii) any time Xxxxxxxx shall spend on with respect to the other activities and interests described in this Section 10E (the “Supplemental Activities”) will come strictly from Xxxxxxxx’x free time and not detract in any way from his time and attention to his duties to the Company; (iii) Xxxxxxxx’x work, if any, with respect to the Supplemental Activities will not involve the use of any Company resources; and (iv) any products developed by the Enterprise during the Term will be made available to the Company free of charge. The parties agree that any intellectual property developed by the Enterprise or its employees prior to the date hereof and any improvements thereto shall remain the sole property of the Enterprise, any intellectual property associated with the Book shall remain the sole property of its current owner(s), and any intellectual property developed by Xxxxxxxx as a result of his efforts in his personal time and otherwise in compliance with this Section 10E shall be the sole property of Xxxxxxxx (or Winning Enterprises).

Confidential Information Intellectual Property. X. Xxxxxx Xxxxx acknowledges that during the course of her his employment with the Company, she he will be given or will have access to non-public and confidential business information of the Company which will include information concerning pending or potential transactions, financial information concerning the Company, information concerning the Company’s product formulas and processes, information concerning the Company’s business plans and strategies, information concerning Company personnel and vendors, and other non-public proprietary information of the Company (all collectively called “Confidential Information”). All of the Confidential Information constitutes “trade secrets” under the Uniform Trade Secrets Act. Modaro Xxxxx covenants and agrees that during and after the term of her his employment by the Company she he will not disclose such information or any part thereof to anyone outside the Company or use such information for any purpose other than the furtherance of the Company’s interests without the prior written consent of the CEO Committee, the Board or Boardthe Permanent Chief Executive Officer, as applicable. X. Xxxxxx Xxxxx further covenants that for a period of one two (12) year years after her his employment by the Company terminates, she he will not, directly or indirectly, overtly or tacitly, induce, attempt to induce, solicit or encourage, or assist anyone in soliciting or encouraging encourage (i) any customer or prospective customer of the Company to cease doing business with, or not to do business with, the Company or (ii) any employee of the Company to leave the Company. C. The Company and Modaro Xxxxx agree that the covenants set forth in this Section 10 11 are reasonably necessary for the protection of the Company’s Confidential Information and that a breach of the foregoing covenants will cause the Company irreparable damage not compensable by monetary damages, and that in the event of such breach or threatened breach, at the Company’s election, an action may be brought in a court of competent jurisdiction seeking a temporary restraining order and a preliminary injunction against such breach or threatened breach notwithstanding the arbitration provision and reference provisions of Section 12F 13F below. Upon the court’s decision on the application for a preliminary injunction, the court action shall be stayed and the remainder of the dispute submitted to arbitration or reference under Section 12F. 13F. The prevailing party in such legal action shall be entitled to recover its costs of suit including reasonable attorneys’ fees. D. The Company shall own all rights in and to the results, proceeds and products of Modaro’s Xxxxx’x services hereunder, including without limitation, all ideas and intellectual property created or developed by Modaro Xxxxx and which is related to Modaro’s Xxxxx’x employment.

Confidential Information Intellectual Property. X. Xxxxxx Xxxxx acknowledges that during the course of her his employment with the Company, she he will be given or will have access to non-public and confidential business information of the Company which will include information concerning pending or potential transactions, financial information concerning the Company, information concerning the Company’s product formulas and processes, information concerning the Company’s business plans and strategies, information concerning Company personnel and vendors, and other non-public proprietary information of the Company (all collectively called “Confidential Information”). All of the Confidential Information constitutes “trade secrets” under the Uniform Trade Secrets Act. Modaro Xxxxx covenants and agrees that during and after the term of her his employment by the Company she he will not disclose such information or any part thereof to anyone outside the Company or use such information for any purpose other than the furtherance of the Company’s interests without the prior written consent of the CEO or Board. X. Xxxxxx Xxxxx further covenants that for a period of one two (12) year years after her his employment by the Company terminates, she he will not, directly or indirectly, overtly or tacitly, induce, attempt to induce, solicit or encourage, or assist anyone in soliciting or encouraging encourage (i) any customer or prospective customer of the Company to cease doing business with, or not to do business with, the Company or (ii) any employee of the Company to leave the Company. C. The Company and Modaro Xxxxx agree that the covenants set forth in this Section 10 are reasonably necessary for the protection of the Company’s Confidential Information and that a breach of the foregoing covenants will cause the Company irreparable damage not compensable by monetary damages, and that in the event of such breach or threatened breach, at the Company’s election, an action may be brought in a court of competent jurisdiction seeking a temporary restraining order and a preliminary injunction against such breach or threatened breach notwithstanding the arbitration provision and reference provisions of Section 12F below. Upon the court’s decision on the application for a preliminary injunction, the court action shall be stayed and the remainder of the dispute submitted to arbitration or reference under Section 12F. The prevailing party in such legal action shall be entitled to recover its costs of suit including reasonable attorneys’ fees. D. The Company shall own all rights in and to the results, proceeds and products of Modaro’s Xxxxx’x services hereunder, including without limitation, all ideas and intellectual property created or developed by Modaro Xxxxx and which is related to Modaro’s Xxxxx’x employment.

Confidential Information Intellectual Property. X. Xxxxxx Xxxxx acknowledges that during the course of her employment with the Company, she will be given or will have access to non-public and confidential business information of the Company which will include information concerning pending or potential transactions, financial information concerning the Company, information concerning the Company’s product formulas and processes, information concerning the Company’s business plans and strategies, information concerning Company personnel and vendors, and other non-public proprietary information of the Company (all collectively called “Confidential Information”). All of the Confidential Information constitutes “trade secrets” under the Texas Uniform Trade Secrets Act. Modaro Xxxxx covenants and agrees that during and after the term of her employment by the Company she will not disclose such information or any part thereof to anyone outside the Company or use such information for any purpose other than the furtherance of the Company’s interests without the prior written consent of the CEO or Board. X. Xxxxxx Xxxxx further covenants that for a period of one two (12) year years after her employment by the Company terminates, she will not, directly or indirectly, overtly or tacitly, induce, attempt to induce, solicit or encourage, or assist anyone in soliciting or encouraging encourage (i) any customer or prospective customer of the Company to cease doing business with, or not to do business with, the Company or (ii) any employee of the Company to leave the Company. C. The Company and Modaro Xxxxx agree that the covenants set forth in this Section 10 are reasonably necessary for the protection of the Company’s Confidential Information and that a breach of the foregoing covenants will cause the Company irreparable damage not compensable by monetary damages, and that in the event of such breach or threatened breach, at the Company’s election, an action may be brought in a court of competent jurisdiction seeking a temporary restraining order and a preliminary injunction against such breach or threatened breach notwithstanding the arbitration provision and reference provisions of Section 12F below. Upon the court’s decision on the application for a preliminary injunction, the court action shall be stayed and the remainder of the dispute submitted to arbitration or reference under Section 12F. The prevailing party in such legal action shall be entitled to recover its costs of suit including reasonable attorneys’ fees. D. The Company shall own all rights in and to the results, proceeds and products of Modaro’s Xxxxx’x services hereunder, including without limitation, all ideas and intellectual property created or developed by Modaro Xxxxx and which is are related to Modaro’s Xxxxx’x employment.

Confidential Information Intellectual Property. X. Xxxxxx acknowledges that during the course of her his employment with the Company, she he will be given or will have access to non-public and confidential business information of the Company which will include information concerning pending or potential transactions, financial information concerning the Company, information concerning the Company’s product formulas and processes, information concerning the Company’s business plans and strategies, information concerning Company personnel and vendors, and other non-public proprietary information of the Company (all collectively called “Confidential Information”). All of the Confidential Information constitutes “trade secrets” under the Uniform Trade Secrets Act. Modaro Xxxxxx covenants and agrees that during and after the term of her his employment by the Company she he will not disclose such information or any part thereof to anyone outside the Company or use such information for any purpose other than the furtherance of the Company’s interests without the prior written consent of the CEO or Board. X. Xxxxxx further covenants that for a period of one two (12) year years after her his employment by the Company terminates, she he will not, directly or indirectly, overtly or tacitly, induce, attempt to induce, solicit or encourage, or assist anyone in soliciting or encouraging encourage (i) any customer or prospective customer of the Company to cease doing business with, or not to do business with, the Company or (ii) any employee of the Company to leave the Company. C. The Company and Modaro Xxxxxx agree that the covenants set forth in this Section 10 are reasonably necessary for the protection of the Company’s Confidential Information and that a breach of the foregoing covenants will cause the Company irreparable damage not compensable by monetary damages, and that in the event of such breach or threatened breach, at the Company’s election, an action may be brought in a court of competent jurisdiction seeking a temporary restraining order and a preliminary injunction against such breach or threatened breach notwithstanding the arbitration provision and reference provisions of Section 12F below. Upon the court’s decision on the application for a preliminary injunction, the court action shall be stayed and the remainder of the dispute submitted to arbitration or reference under Section 12F. The prevailing party in such legal action shall be entitled to recover its costs of suit including reasonable attorneys’ fees. D. The Company shall own all rights in and to the results, proceeds and products of Modaro’s Xxxxxx’x services hereunder, including without limitation, all ideas and intellectual property created or developed by Modaro Xxxxxx and which is related to Modaro’s Xxxxxx’x employment.