Common use of Confidentiality and Conduct Clause in Contracts

Confidentiality and Conduct. The Executive warrants and agrees that he will not disclose to any person, other than the employees, officers, directors or shareholders of DMPF Holdings Corporation, a Maryland corporation, or its affiliates and subsidiaries in connection with the performance of his duties hereunder, any confidential information or trade secrets concerning the Company or any of its subsidiaries or affiliates at any time. Notwithstanding the foregoing, confidential information and trade secrets shall not be deemed to include, without limitation, information which (i) is or becomes available to the public other than as a result of disclosure by the Executive in violation of this Section 5(a) or (ii) the Executive is required to disclose under any applicable laws, regulations or directives of any government agency, tribunal or authority having jurisdiction in the matter or under subpoena or other process of law. The Executive will at all times refrain from taking any action or making any statements, written or oral, which are intended to and do demonstrably and materially damage the Company, its subsidiaries and affiliates and their respective directors, officers or employees. In the event that the Executive materially violates the terms and conditions of this Section 5(a), the Company may, at its election, upon ten (10) days' notice, terminate the Severance Period and discontinue payments of the Severance Amount and cease providing the benefits described in Section 3 above. The Company may also initiate any form of legal action it may deem appropriate seeking damages or injunctive relief with respect to any material violations of this Section 5(a).

Appears in 4 contracts

Samples: Retention Agreement (Del Monte Foods Co), Retention Agreement (Del Monte Foods Co), Retention Agreement (Del Monte Foods Co)

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Confidentiality and Conduct. The Executive warrants and agrees that he will not disclose to any person, other than the employees, officers, directors or shareholders of DMPF Holdings CorporationDel Monte Foods Company, a Maryland corporation, or its affiliates and subsidiaries in connection with the performance of his duties hereunder, any confidential information or trade secrets concerning the Company or any of its subsidiaries or affiliates at any timetune. Notwithstanding the foregoing, confidential information and trade secrets shall not be deemed to include, without limitation, information which (i) is or becomes available to the public other than as a result of disclosure by the Executive in violation of this Section 5(a) or (ii) the Executive is required to disclose under any applicable laws, regulations or directives of any government agency, tribunal or authority having jurisdiction in the matter or under subpoena or other process of law. The Executive will at all times refrain from taking any action or making any statements, written or oral, which are intended to and do demonstrably and materially damage the Company, its subsidiaries and affiliates and their respective directors, officers or employees. In the event that the Executive materially violates the terms and conditions of this Section 5(a), the Company may, at its election, upon ten (10) days' notice, terminate the Severance Period and discontinue payments of the Severance Amount and cease providing the benefits described in Section 3 above. The Company may also initiate any form of legal action it may deem appropriate seeking damages or injunctive relief with respect to any material violations of this Section 5(a).

Appears in 1 contract

Samples: Retention Agreement (Del Monte Foods Co)

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Confidentiality and Conduct. The Executive warrants and agrees that he will not disclose to any person, other than the employees, officers, directors or shareholders of DMPF Holdings CorporationDel Monte Foods Company, a Maryland corporation, or its affiliates and subsidiaries in connection with the performance of his duties hereunder, any confidential information or trade secrets concerning the Company or any of its subsidiaries or affiliates at any time. Notwithstanding the foregoing, confidential information and trade secrets shall not be deemed to include, without limitation, information which (i) is or becomes available to the public other than as a result of disclosure by the Executive in violation of this Section 5(a) ), or (ii) the Executive is required to disclose under any applicable laws, regulations or directives of any government agency, tribunal or authority having jurisdiction in the matter or under subpoena or other process of law. The Executive will at all times refrain from taking any action or making any statements, written or oral, which are intended to and do demonstrably and materially damage the Company, its subsidiaries and affiliates and their respective directors, officers or employees. In the event that the Executive materially violates the terms and conditions of this Section 5(a), the Company may, at its election, upon ten (10) days' notice, terminate the Severance Period and discontinue payments of the Severance Amount and cease providing the benefits described in Section 3 above. The Company may also initiate any form of legal action it may deem appropriate seeking damages or injunctive relief with respect to any material violations of this Section 5(a).

Appears in 1 contract

Samples: Retention Agreement (Del Monte Foods Co)

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