Common use of Confidential Information; Restrictive Covenants Clause in Contracts

Confidential Information; Restrictive Covenants. (a) The Executive acknowledges that the non-public information, knowledge and data (including any trade secrets or similar proprietary information) obtained by him during the course of his employment with the Company, concerning the business or affairs of the Company and its affiliates (the "Business Entities") are the property of the Company. Therefore, the Executive will not at any time (whether during or after his employment with the Company) disclose or use for his own benefit or purposes or the benefit or purposes of any other person, entity or enterprise, other than a Business Entity, any trade secrets, information, data, or other confidential information relating to customers, development programs, costs, marketing, trading, investment, sales activities, promotion, credit and financial data, manufacturing or other processes, financing methods, plans or the business and affairs of any Business Entity; provided that the foregoing shall not apply to information which is not proprietary to the Business Entities or which has become public other than as a result of the Executive's breach of this covenant. The Executive agrees that, during the Employment Period, he will use his best efforts to maintain in good condition all memoranda, books, papers, plans, information, letters and other data, and all copies thereof or therefrom, in any way relating to the business of the Business Entities, and that upon termination of his employment with the Company for any reason, he will return all such materials (together with any other property of the Company) to the Company immediately. The Executive shall not at any time (whether during or after his employment with the Company), without the prior written consent of the CEO, participate in any public conference, publish any document, or otherwise make any public statement that could reasonably be expected to affect the image of the Business Entities.

Confidential Information; Restrictive Covenants. (a) The Executive acknowledges that the non-public information, knowledge and data Confidential Information (including any trade secrets or similar proprietary informationas defined below) obtained by him during the course of his employment with the Company, concerning the business or affairs of the Company and its affiliates (the "“Business Entities"”) are the property of the Company. Therefore, the Executive will hold in strictest confidence, and not at any time (whether during or after his employment with the Company) disclose or use for his own benefit or purposes or the benefit or purposes of any other person, entity or enterprise, other than a Business Entity, any trade secrets, non-public information, knowledge or data, or other proprietary or confidential information, including without limitation, any such information relating to customers, development programs, costs, marketing, trading, investment, sales activities, promotion, credit and financial data, inventions, manufacturing or other processes, technology, designs, financing methods, plans or the business and affairs of any Business EntityEntity (collectively, “Confidential Information”); provided that the foregoing “Confidential Information” shall not apply to include (i) any information which is not proprietary to the Business Entities or which has become public publicly known or available or known in the industry, in any case other than as a result of the Executive's ’s breach of this covenant, or (ii) any information that was within the Executive’s knowledge or possession before becoming employed with the Company; and provided further, that the Executive shall not be in violation of this covenant if he discloses any Confidential Information as required by any subpoena or other legal process or notice or in any disposition, judicial or administrative hearing, or trial or arbitration (though the Executive shall, to the extent permitted, give the Company notice of any such subpoena, process, or notice and will cooperate with all reasonable requests of the Company to obtain a protective order regarding, or to narrow the scope of, the Confidential Information required to be disclosed). The Executive agrees that, during that upon termination of his employment with the Employment PeriodCompany for any reason, he will use his best efforts return to maintain in good condition the Company immediately all property of the Company including any documents, memoranda, books, papers, plans, information, letters and other data, and all copies thereof or therefrom, in any way relating to the business of the Business Entities, and that upon termination of his employment with the Company for any reason, he will return all such materials (together with any other property of the Company) to the Company immediately. The Executive shall not at any time (whether during or after his employment with the Company), without the prior written consent of the CEO, participate in any public conference, publish any document, or otherwise make any public statement that could reasonably be expected to affect the image of the Business Entities.

Confidential Information; Restrictive Covenants. (a) The Executive acknowledges that the non-public information, knowledge and data (including any trade secrets or similar proprietary information) obtained by him during the course of his employment with the Company, concerning the business or affairs of the Company and its affiliates (the "Business Entities") are the property of the Company. Therefore, the Executive will not at any time (whether during or after his employment with the Company) disclose or use for his own benefit or purposes or the benefit or purposes of any other person, entity or enterprise, other than a Business Entity, any trade secrets, information, data, or other confidential information relating to customers, development programs, costs, marketing, trading, investment, sales activities, promotion, credit and financial data, manufacturing or other processes, financing methods, plans or the business and affairs of any Business Entity; provided that the foregoing shall not apply to information which is not proprietary to the Business Entities or which has become public other than as a result of the Executive's breach of this covenant. The Executive agrees that, during the Employment Period, he will use his best efforts to maintain in good condition all memoranda, books, papers, plans, information, letters and other data, and all copies thereof or therefrom, in any way relating to the business of the Business Entities, and that upon termination of his employment with the Company for any reason, he will return all such materials (together with any other property of the Company) to the Company immediately. The Executive shall not at any time (whether during or after his employment with the Company), without the prior written consent of the CEO, participate in any public conference, publish any document, or otherwise make any public statement that could reasonably be expected to affect the image of the Business Entities.. The Company acknowledges that all information related to the STS Technology and the Detotec Technology, as those terms are defined in Exhibit A attached hereto, is not the property of the Company and is not subject to this Agreement. The Company also acknowledges that the Executive possesses certain knowledge and experience that the Executive has obtained through prior education and employment (other than his employment by MSI or O'Brien Design Associates) (the "Executive's Information"). Except as the Executive and the Company may at a future date agree to in writing, nothing in this Agreement or any other agreement or document entered into between the Executive and the Company or any of its affiliates in connection with the transactions of which this Agreement is a part shall prevent the Executive from using the Executive's Information either (i) during his employment by the Company and during any Non-Competition Period after his employment, whether as an employee, consultant, owner, part-owner, officer, director or in any other capacity, for or on behalf of Detotec, Inc., a Delaware corporation ("DNA"), or Shock Tube Systems, Inc., a Delaware corporation ("STS", and together with Detotec, the "Existing Businesses"), or (ii) after his employment by the Company and after the lapse of the Non-Competition Period as set forth in this Section 6, whether as an employee, consultant, owner, part-owner, officer, director or in any other capacity, for or on behalf of the Existing Businesses or for any other business or entity, provided, however, that in each such case the Executive may not be required by such relationship to reveal, infringe upon, base judgment upon or otherwise use in any manner or form any confidential or proprietary information of the Company or any of its affiliates or O'Brien Design Associates, Inc.