Common use of Confidential Information Non Competition Clause in Contracts

Confidential Information Non Competition. (a) The Executive shall hold in a fiduciary capacity for the benefit of the Company all secret or confidential information, knowledge or data relating to the Company or any of its affiliated companies, and their respective businesses, 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 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 Company or as may otherwise be required by law or legal process, communicate or divulge any such information, knowledge or data to anyone other than the Company and those designated by it. (b) In consideration of the promises of the Company herein, the Executive hereby agrees that while employed by the Company and for a period of one (1) year after the termination of Executive's employment with the Company, for any reason, the Executive shall not, directly or indirectly, in any capacity without the prior written consent of the Company, (i) in the United States and Canada, for his own account or as an employee, consultant, agent, partner, joint venturer, owner or officer of any other person, firm, partnership, corporation or other entity, conduct or engage in any business directly competitive with the business of the Company as of the date of the termination of the Executive's employment, (ii) solicit or engage in the business conducted by the Company with a customer or prospective customer of the Company regarding which customer or prospective customer Executive had direct or indirect contact as an employee of the Company or with respect to whom the Executive learned information while so employed, or (iii) solicit any employee, agent or independent contractor of the Company, the product of which contract will or may yield a termination of the employment or agency relationship of such individual with the Company.

Confidential Information Non Competition. (a) The Executive shall hold in a fiduciary capacity for the benefit of the Company all secret or confidential information, knowledge or data relating to the Company or any of its affiliated companies, and their respective businesses, 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 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 Company or as may otherwise be required by law or legal process, communicate or divulge any such information, knowledge or data to anyone other than the Company and those designated by it. (b) In consideration of the promises of the Company herein, the Executive hereby agrees that while employed by the Company and for a period of one (1) year after the termination of Executive's employment with the Company, for any reason, the Executive shall not, directly or indirectly, in any capacity without the prior written consent of the Company, (i) in the United States and Canada, for his her own account or as an employee, consultant, agent, partner, joint venturer, owner or officer of any other person, firm, partnership, corporation or other entity, conduct or engage in any business directly competitive with the business of the Company as of the date of the termination of the Executive's employment, (ii) solicit or engage in the business conducted by the Company with a customer or prospective customer of the Company regarding which customer or prospective customer Executive had direct or indirect contact as an employee of the Company or with respect to whom the Executive learned information while so employed, or (iii) solicit any employee, agent or independent contractor of the Company, the product of which contract will or may yield a termination of the employment or agency relationship of such individual with the Company.