Confidentiality and Non-Disparagement. Executive agrees to keep the terms and conditions of this Agreement confidential to the extent allowed by law, except Executive may supply a copy to Executive’s accountant or other financial advisor solely in connection with preparing Executive’s income tax return, and Executive may disclose this Agreement to Executive’s immediate family members and to Executive’s attorney on a confidential basis. Executive understands that certain terms of this Agreement will be publicly disclosed by Centex Corporation as required by law. Executive agrees to refrain from any libel, slander, defamation or other disparaging comments about Centex Homes or any of the Released Parties. Executive further agrees not to take any action, or assist any person taking any other action, that is (a) materially adverse to the interests of, (b) inconsistent with fostering the goodwill of, and/or (c) detrimental to the business of Centex Homes and/or its Affiliates; however, nothing in this Agreement will restrict the communication of information by Executive to any state or federal law enforcement agency or require notice to Centex Homes thereof, and Executive will not be in breach of the covenant contained in this Section solely by reason of his testimony which is compelled by process of law. Furthermore, Executive agrees to only participate in interviews about Centex Homes or any of the Released Parties after receiving permission from Centex Homes and in cooperation with Centex Homes’ communications department. Executive acknowledges that, in the course of employment with Centex Homes, Executive has come to know general and specific information that is confidential and proprietary to Centex Homes and/or its Affiliates (collectively, the “Confidential and Proprietary Information”). Confidential and Proprietary Information includes oral and written information about, relating to or concerning Centex Homes and/or its Affiliates, that (i) Centex Homes has by its policies or otherwise indicated should be kept confidential, (ii) should reasonably be deemed confidential by Executive whether or not it was designated as confidential, or (iii) if disclosed could be injurious to Centex Homes and/or its Affiliates. Executive agrees that Confidential and Proprietary Information is the sole and exclusive property of Centex Homes, and Executive will not disclose any Confidential and Proprietary Information to any other person or entity unless required by law, or use it for any personal or business purpose. Centex Homes acknowledges that information which is generally known in the home building industry is not Confidential and Proprietary Information.
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Confidentiality and Non-Disparagement. Executive Employee agrees to keep the terms and conditions of this Agreement confidential to the extent allowed by law, except Executive Employee may supply a copy to ExecutiveEmployee’s accountant or other financial advisor solely in connection with preparing ExecutiveEmployee’s income tax return, and Executive Employee may disclose this Agreement to Executivemembers of Employee’s immediate family members and to ExecutiveEmployee’s attorney on a confidential basis. Executive understands Employee also agrees to keep confidential any and all discussions, communications and documents relating to the issues and negotiations that certain terms of led to this Agreement will be publicly disclosed by Centex Corporation as required by law. Executive agrees to refrain from any libeland the underlying facts, slanderallegations, defamation or other disparaging comments about Centex Homes or any of the Released Parties. Executive further agrees not to take any action, or assist any person taking any other action, that is (a) materially adverse to the interests of, (b) inconsistent with fostering the goodwill of, and/or (c) detrimental to the business of Centex Homes and/or its Affiliates; however, nothing in this Agreement will restrict the communication of information by Executive documents and communications related to any state or federal law enforcement agency or require notice to Centex Homes thereof, and Executive will not be in breach claims of the covenant contained in this Section solely by reason of his testimony which is compelled by process of lawdiscrimination Employee made during Employee’s employment with Employer. Furthermore, Executive Employee agrees to only participate in interviews about Centex Homes or any of the Released Parties after receiving permission from Centex Homes and in cooperation with Centex Homes’ communications department. Executive acknowledges that, in the course of employment with Centex HomesEmployer, Executive Employee has come to know certain general and specific information that which is confidential and proprietary to Centex Homes Employer and/or its Affiliates (collectively, the hereinafter “Confidential and Proprietary Information”). Generally, Confidential and Proprietary Information includes oral and written information about, relating to or concerning Centex Homes Employer and/or its Affiliates, that (i) Centex Homes has by its policies or otherwise indicated should be kept confidential, (ii) should reasonably be deemed confidential by Executive whether or not it was Affiliates previously designated as confidentialconfidential or proprietary by Employer, any information that is not known or (iii) if disclosed could available to the general public or Employer’s competitors or any information that would be injurious to Centex Homes Employer and/or its AffiliatesAffiliates if disclosed to a third party. Executive Employee agrees that all Confidential and Proprietary Information described in this Agreement is the sole and exclusive property of Centex Homes, Employer. Employee promises and Executive agrees that Employee will not disclose any Confidential and Proprietary Information to any other person or entity unless required by law, or . Employee further agrees not to use it such Confidential and Proprietary Information for any personal or business purpose. Centex Homes Employer acknowledges that information which is generally known in the home building industry legal profession is not Confidential and Proprietary Information. Employee further agrees not to talk about or otherwise communicate to any third parties in a malicious, disparaging, or defamatory manner regarding Employer or any of the Released Parties. Employee also agrees that Employee shall not make or authorize to be made any written or oral statement that may disparage or damage the reputation of Employer. Employer agrees that its personnel at or above the level of Vice President shall not talk about or otherwise communicate to any third parties in a malicious, disparaging, or defamatory manner regarding Employee. Employer also agrees that its personnel at or above the level of Vice President shall not make or authorize to be made any written or oral statement that may disparage or damage the reputation of Employee. Nothing in this Agreement shall be construed to prohibit Employee from filing a charge with or participating in any investigation or proceeding conducted by the Equal Employment Opportunity Commission, National Labor Relations Board, or a comparable state or local agency. Further, nothing in this section or any other provision of this Agreement shall be construed or enforced in a manner that would prevent Employee from testifying truthfully under oath in any court, arbitration, or administrative agency proceeding, or from filing a charge or providing truthful information in the course of a government investigation. Nothing in this section or any other provision of this Agreement shall be construed or enforced in a manner that would interfere with Employee’s rights under the National Labor Relations Act, if any, to discuss or comment on Employee’s terms and conditions of employment. Employee acknowledges that a breach of this Confidentiality provision shall constitute a breach of this entire Agreement and that, should such breach occur, Employer is entitled to: (1) withhold any further payments not yet made pursuant to this Agreement; (2) repayment of any amounts paid to Employee pursuant to this Agreement; and (3) any reasonable attorneys’ fees and costs incurred by Employer in its efforts to enforce this Confidentiality provision.
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Confidentiality and Non-Disparagement. Executive Employee agrees to keep the terms and conditions of this Agreement confidential to the extent allowed by law, except Executive Employee may supply a copy to ExecutiveEmployee’s accountant or other financial advisor solely in connection with preparing ExecutiveEmployee’s income tax return, and Executive Employee may disclose this Agreement to Executivemembers of Employee’s immediate family members and to ExecutiveEmployee’s attorney on a confidential basis. Executive understands Employee also agrees to keep confidential any and all discussions, communications and documents relating to the issues and negotiations that certain terms of led to this Agreement will be publicly disclosed by Centex Corporation as required by lawand the underlying facts, allegations, documents and communications related to any claims of discrimination Employee made during Employee’s employment with Employer. Executive Employee further agrees not to refrain from talk about or otherwise communicate to any libelthird parties in a malicious, slanderdisparaging, defamation or other disparaging comments about Centex Homes defamatory manner regarding Employer or any of the Released Parties. Executive further Employee also agrees that Employee shall not make or authorize to take be made any actionwritten or oral statement that may disparage or damage the reputation of Employer. Employer acknowledges and agrees that it will instruct its executive officers and directors that, except as required by law or compelled through valid legal process, they should not make any derogatory or disparaging statements about Employee, regardless of the truth or falsity of such statements. Nothing in this paragraph or Agreement is to be construed to preclude Employee or any individual from communicating with any government agency, including the Equal Employment Opportunity Commission, National Labor Relations Board and/or Securities and Exchange Commission, or assist otherwise participating in any person taking investigation or proceeding that may be conducted by any government agencies in connection with any charge or complaint, whether filed by Employee, on Employee’s behalf, or by any other action, that is (a) materially adverse to the interests of, (b) inconsistent with fostering the goodwill of, and/or (c) detrimental to the business of Centex Homes and/or its Affiliates; however, nothing in this Agreement will restrict the communication of information by Executive to any state or federal law enforcement agency or require notice to Centex Homes thereof, and Executive will not be in breach of the covenant contained in this Section solely by reason of his testimony which is compelled by process of law. Furthermore, Executive agrees to only participate in interviews about Centex Homes or any of the Released Parties after receiving permission from Centex Homes and in cooperation with Centex Homes’ communications department. Executive acknowledges that, in the course of employment with Centex Homes, Executive has come to know general and specific information that is confidential and proprietary to Centex Homes and/or its Affiliates (collectively, the “Confidential and Proprietary Information”). Confidential and Proprietary Information includes oral and written information about, relating to or concerning Centex Homes and/or its Affiliates, that (i) Centex Homes has by its policies or otherwise indicated should be kept confidential, (ii) should reasonably be deemed confidential by Executive whether or not it was designated as confidential, or (iii) if disclosed could be injurious to Centex Homes and/or its Affiliates. Executive agrees that Confidential and Proprietary Information is the sole and exclusive property of Centex Homes, and Executive will not disclose any Confidential and Proprietary Information to any other person or entity unless required by law, or use it for any personal or business purpose. Centex Homes acknowledges that information which is generally known in the home building industry is not Confidential and Proprietary Informationindividual.
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Samples: Separation and Release Agreement (Sally Beauty Holdings, Inc.)
Confidentiality and Non-Disparagement. Executive agrees to keep the terms and conditions of this Agreement confidential to the extent allowed by law, except Executive may supply a copy to Executive’s accountant or other financial advisor solely in connection with preparing Executive’s income tax return, and Executive may disclose this Agreement to Executive’s immediate family members and to Executive’s attorney on a confidential basis. Executive understands that certain terms of this Agreement will be publicly disclosed by Centex Corporation as required by law. Executive agrees to refrain from any libel, slander, defamation or other disparaging comments about Centex Homes or any of the Released Parties. Executive further agrees not to take any action, or assist any person taking any other action, that is (a) materially adverse to the interests of, (b) inconsistent with fostering the goodwill of, and/or (c) detrimental to the business of Centex Homes and/or its Affiliatesparent, affiliates and/or subsidiaries; however, nothing in this Agreement will restrict the communication of information by Executive to any state or federal law enforcement agency or require notice to Centex Homes thereof, and Executive will not be in breach of the covenant contained in this Section solely by reason of his Executive’s testimony which is compelled by process of law. Furthermore, Executive agrees to only participate in media interviews about Centex Homes or any of the Released Parties only after receiving permission from Centex Homes and in cooperation with Centex Homes’ Centex’s communications department. Executive acknowledges that, in the course of employment with Centex HomesCentex, Executive has come to know general and specific information that is confidential and proprietary to Centex Homes and/or its Affiliates parent, affiliates and/or subsidiaries (collectively, the “Confidential and Proprietary Information”). Confidential and Proprietary Information includes oral and written information about, relating to or concerning Centex Homes and/or its Affiliatesparent, affiliates and/or subsidiaries, that (i) Centex Homes has by its policies or otherwise indicated (i) should be kept confidential, (ii) should reasonably be deemed confidential by Executive whether or not it was designated as confidential, or (iii) if disclosed could be injurious to Centex Homes and/or its Affiliatesparent, affiliates and/or subsidiaries. Confidential and Proprietary Information includes but is not limited to Centex’s business plans, concepts, strategies, proposals, processes, methods, internal procedures, financial statements, projections, technical specifications, data, supplier lists, marketing plans, sales strategies, product designs, customer information, and other confidential operational information. Without limiting the generality of the foregoing, Confidential and Proprietary Information specifically includes personnel lists and files, and related confidential information; hiring plans and strategies; compensation data and strategies; talent management plans and strategies; the SLiCE program, sales and marketing strategies and the ACE program and strategies. Centex acknowledges that information that is generally known in the home building industry is not Confidential and Proprietary Information. In accordance with the terms of the Centex Corporation Executive Severance Policy dated effective June 2, 2006, as amended and restated (the “Severance Policy”), and as a condition of receiving the Severance Benefits under the Severance Policy and this Agreement, Executive agrees that Confidential and Proprietary Information is the sole and exclusive property of Centex HomesCentex, and Executive will agrees to hold, in a fiduciary capacity for the benefit of Centex, all Confidential and Proprietary Information acquired by the Executive while employed by Centex. In further consideration of the Severance Benefits received by Executive pursuant to the Severance Policy and this Agreement, Executive agrees and covenants that Executive (i) shall not disclose use to Centex’s detriment and (ii) shall not divulge, publicly or privately, any specified or other Confidential and Proprietary Information regarding any aspect of Centex’s business acquired during or as a result of Executive’s employment with Centex. Furthermore, to the extent that disclosure of any Confidential and Proprietary Information to any is controlled by statute, regulation or other person or entity unless required by law, or use it for Executive agrees that Executive is bound by such laws and that neither the Severance Policy nor this Agreement shall operate as a waiver of any personal or business purpose. Centex Homes acknowledges that information which is generally known in the home building industry is not Confidential and Proprietary Informationsuch non-disclosure requirement.
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