Common use of Confidentiality and Non-Competition Covenants Clause in Contracts

Confidentiality and Non-Competition Covenants. (a) Executive will not, directly or indirectly, make known, disclose, furnish, make available or utilize any of the Company's confidential information, other than in the proper performance of the duties contemplated by the Agreement, or as required by law. Executive will return all confidential information, including all photocopies, extracts and summaries thereof, and any such information stored electronically on tapes, computer disks or in any other manner to the Company at any time upon request by the Company and, in any event, promptly after the termination of his employment for any reason. Confidential information does not include any information (i) available to or already in the hands of the public, (ii) known to Executive prior to the date hereof, (iii) disclosed to Executive by a third party who is not under a duty of confidentiality with respect to such information, or (iv) independently developed by Executive without the use of confidential information of the Company. (b) Executive will not, during the Term and for any period during which Executive is receiving payments from the Company pursuant to this Agreement, perform services for any entity that competes with the Company in the dry pasta category. (c) Each party hereto acknowledges that money damages would be both incalculable and an insufficient remedy for any breach of this section of the Agreement and such party and that any such breach would cause the other parties, irreparable harm. Accordingly, each party hereto also agrees that, in the event of any breach or threatened breach of this provision of the Agreement by such party, the other parties shall be entitled to equitable relief without the requirement of posting a bond or other security, including in the form of injunctions and orders for specific performance, in addition to all other remedies available to such other parties at law or in equity.

Confidentiality and Non-Competition Covenants. (a) Executive will not, directly or indirectly, make known, disclose, furnish, make available or utilize any of the Company's confidential information, other than in the proper performance of the duties contemplated by the Agreement, or as required by law. Executive will return all confidential information, including all photocopies, extracts and summaries thereof, and any such information stored electronically on tapes, computer disks or in any other manner to the Company at any time upon request by the Company and, in any event, promptly after the termination of his employment for any reason. Confidential information does not include any information (i) available to or already in the hands of the public, (ii) known to Executive prior to the date hereof, (iii) disclosed to Executive by a third party who is not under a duty of confidentiality with respect to such information, or (iv) independently developed by Executive without the use of confidential information of the Company. (b) Executive will not, during the Term and for any period during which Executive is receiving payments from the Company pursuant to this Agreement, perform services for any entity that competes with the Company in the dry pasta category, or in any other category in which the Company is doing business. (c) Each party hereto acknowledges that money damages would be both incalculable and an insufficient remedy for any breach of this section of the Agreement and such party and that any such breach would cause the other parties, irreparable harm. Accordingly, each party hereto also agrees that, in the event of any breach or threatened breach of this provision of the Agreement by such party, the other parties shall be entitled to equitable relief without the requirement of posting a bond or other security, including in the form of injunctions and orders for specific performance, in addition to all other remedies available to such other parties at law or in equity.