Common use of Confidentiality and Nondisclosure Clause in Contracts

Confidentiality and Nondisclosure. Executive agrees that he will not, at any time during or after the Term, make use of or divulge to any other person, firm or corporation any trade or business secret, process, method or means, or any other confidential information, including personnel information, concerning the business policies of the Company, which he may have learned in connection with his employment hereunder. For purposes of this Agreement, a “trade or business secret, process, method or means, or any other confidential information, including personnel information” shall mean and include information treated either as confidential or as a trade secret by the Company. Executive’s obligation under this Article 4.6 shall not apply to any information which (a) is known publicly; (b) is in the public domain or hereafter enters the public domain without the fault of Executive; (c) is known to Executive prior to his receipt of such information from the Company, as evidenced by written records of Executive; or (d) is hereafter disclosed to Executive by a third party not under an obligation of confidence to Company. Executive agrees not to remove from the premises of Company, except as an Executive of Company in pursuit of the business of Company or except as specifically permitted in writing by Company, any document or other object containing or reflecting any such confidential information. Executive recognizes that all such documents and objects, whether developed by him or by someone else, will be the sole and exclusive property of Company. Upon termination of his employment hereunder, Executive shall forthwith deliver to Company all such confidential information, including without limitation all lists of lessees, customers, correspondence, employees, accounts, records and any other documents or property made or held by him or under his control in relation to the business or affairs of Company, and no copy of any such confidential information shall be retained by him.