Common use of Confidential Information; No Disparaging Statements Clause in Contracts

Confidential Information; No Disparaging Statements. The Participant acknowledges that during the course of the Participant's employment with the Company, a Subsidiary or Affiliated Entity, he/she will have access to and gain knowledge of highly confidential and proprietary information and trade secrets. The Participant further acknowledges that the misuse, misappropriation or disclosure of this information could cause irreparable harm to the Company, a Subsidiary and/or Affiliated Entity, both during and after the term of the Participant's employment. Therefore, the Participant agrees, during his/her employment and at all times thereafter, he/she will hold in a fiduciary capacity for the benefit of the Company, a Subsidiary and/or Affiliated Entity and will not divulge or disclose, directly or indirectly, to any other person, firm or business, all confidential or proprietary information, knowledge and data (including, but not limited to, processes, programs, trade "know how," ideas, details of contracts, marketing plans, strategies, business development techniques, business acquisition plans, personnel plans, pricing practices and business methods and practices) relating in any way to the business of the Company, its Subsidiaries or Affiliated Entities, customers, suppliers, joint ventures, licensors, licensees, distributors and other persons and entities with whom the Company, its Subsidiaries or Affiliated Entities do business ("Confidential Data"), except upon the Company's written consent or as required by his/her duties with the Company, its Subsidiaries or Affiliated Entities, for so long as such Confidential Data remains confidential and all such Confidential Data, together with all copies thereof and notes and other references thereto, shall remain the sole property of the Company, a Subsidiary or Affiliated Entity. The Participant agrees, during his/her employment with the Company, its Subsidiaries or Affiliated Entities and at all times thereafter, not to make disparaging statements about the Company, its Subsidiaries or Affiliated Entities or their officers, directors, agents, employees, products or services which he/she knows, or has reason to know, are false or misleading.

Appears in 3 contracts

Samples: Non Qualified Stock Option Agreement (Fleming Companies Inc /Ok/), Non Qualified Stock Option Agreement (Fleming Companies Inc /Ok/), Non Qualified Stock Option Agreement (Fleming Companies Inc /Ok/)

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Confidential Information; No Disparaging Statements. The Participant acknowledges that during the course of the Participant's employment with the CompanyCompany or any Subsidiary, a Subsidiary or Affiliated Entity, he/she he will have access to and gain knowledge of highly confidential and proprietary information and trade secrets. The Participant further acknowledges that the misuse, misappropriation or disclosure of this information could cause irreparable harm to the Company, Company and/or a Subsidiary and/or Affiliated EntitySubsidiary, both during and after the term of the Participant's employment. Therefore, the Participant agrees, agrees that during his/her his employment and at all times thereafter, he/she thereafter he will hold in a fiduciary capacity for the benefit of the Company, Company and/or a Subsidiary and/or Affiliated Entity and will not divulge or disclose, directly or indirectly, to any other person, firm or business, all confidential or proprietary information, knowledge and data (including, but not limited to, processes, programs, trade "know how," ideas, details of contracts, marketing plans, strategies, business development techniques, business acquisition plans, personnel plans, pricing practices and business methods and practices) relating in any way to the business of the Company, Company or any of its Subsidiaries or Affiliated EntitiesSubsidiaries, customers, suppliers, joint ventures, licensors, licensees, distributors and other persons and entities with whom the Company, Company or any of its Subsidiaries or Affiliated Entities do business ("Confidential Data"), except upon the Company's written consent or as required by his/her his duties with the Company, Company or any of its Subsidiaries or Affiliated EntitiesSubsidiaries, for so long as such Confidential Data remains confidential and all such Confidential Data, together with all copies thereof and notes and other references thereto, shall remain the sole property of the Company, Company or a Subsidiary or Affiliated EntitySubsidiary. The Participant agrees, during his/her his employment with the Company, Company or any of its Subsidiaries or Affiliated Entities and at all times thereafter, not to make disparaging statements about the Company, Company or any of its Subsidiaries or Affiliated Entities or their respective officers, directors, agents, employees, products or services which he/she he knows, or has reason to know, are false or misleading.

Appears in 1 contract

Samples: Restricted Stock Award Agreement (Fleming Companies Inc /Ok/)

Confidential Information; No Disparaging Statements. The Participant acknowledges that during the course of the Participant's employment with the CompanyCompany or any Subsidiary, a Subsidiary or Affiliated Entity, he/she he will have access to and gain knowledge of highly confidential and proprietary information and trade secrets. The Participant further acknowledges that the misuse, misappropriation or disclosure of this information could cause irreparable harm to the Company, Company and/or a Subsidiary and/or Affiliated EntitySubsidiary, both during and after the term of the Participant's employment. Therefore, the Participant agrees, agrees that during his/her his employment and at all times thereafter, he/she thereafter he will hold in a fiduciary capacity for the benefit of the Company, Company and/or a Subsidiary and/or Affiliated Entity and will not divulge or disclose, directly or indirectly, to any other person, firm or business, all confidential or proprietary information, knowledge and data (including, but not limited to, processes, programs, trade "know how," ideas, details of contracts, marketing plans, strategies, business development techniques, business acquisition plans, personnel plans, pricing practices and business methods and practices) relating in any way to the business of the Company, Company or any of its Subsidiaries or Affiliated EntitiesSubsidiaries, customers, suppliers, joint ventures, licensors, licensees, distributors and other persons and entities with whom the Company, Company or any of its Subsidiaries or Affiliated Entities do business ("Confidential Data"), except upon the Company's written consent or as required by his/her his duties with the Company, Company or any of its Subsidiaries or Affiliated EntitiesSubsidiaries, for so long as such Confidential Data remains confidential and all such Confidential Data, together with all copies thereof and notes and other references thereto, shall remain the sole property of the Company, Company or a Subsidiary or Affiliated EntitySubsidiary. The Participant agrees, during his/her his employment with the Company, Company or any of its Subsidiaries or Affiliated Entities and at all times thereafter, not to make disparaging statements about the Company, Company or any of its Subsidiaries or Affiliated Entities or their officers, directors, agents, employees, products or services which he/she he knows, or has reason to know, are false or misleading.

Appears in 1 contract

Samples: Restricted Stock Award Agreement (Fleming Companies Inc /Ok/)

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Confidential Information; No Disparaging Statements. The Participant acknowledges that during the course of the Participant's employment with the CompanyCompany or any Subsidiary, a Subsidiary or Affiliated Entity, he/she he will have access to and gain knowledge of highly confidential and proprietary information and trade secrets. The Participant further acknowledges that the misusemis- use, misappropriation or disclosure of this information could cause irreparable harm to the Company, Company and/or a Subsidiary and/or Affiliated EntitySubsidiary, both during and after the term of the Participant's employment. Therefore, the Participant agrees, Par- ticipant agrees that during his/her his employment and at all times thereafter, he/she thereafter he will hold in a fiduciary capacity for the benefit of the Company, Company and/or a Subsidiary and/or Affiliated Entity and will not divulge or disclose, directly or indirectly, to any other person, firm or business, all confidential or proprietary information, knowledge and data (including, but not limited to, processes, programs, trade "know how," ideas, details of contracts, marketing plans, strategies, business development techniques, business acquisition plans, personnel plans, pricing practices and business methods and practices) relating in any way to the business of the Company, Company or any of its Subsidiaries or Affiliated EntitiesSubsidiaries, customers, suppliers, joint ventures, licensors, licensees, distributors and other persons and entities with whom the Company, Company or any of its Subsidiaries or Affiliated Entities do business ("Confidential Data"), except upon the Company's written consent or as required by his/her his duties with the Company, Company or any of its Subsidiaries or Affiliated EntitiesSub- sidiaries, for so long as such Confidential Data remains confidential and all such Confidential Data, together with all copies thereof and notes and other references thereto, shall remain the sole property of the Company, Company or a Subsidiary or Affiliated EntitySubsidiary. The Participant agrees, during his/her his employment with the Company, Company or any of its Subsidiaries or Affiliated Entities and at all times thereafter, not to make disparaging statements about the Company, Company or any of its Subsidiaries or Affiliated Entities or their respective officers, directors, agents, employees, products or services which he/she he knows, or has reason to know, are false or misleading.

Appears in 1 contract

Samples: Restricted Stock Award Agreement (Fleming Companies Inc /Ok/)

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