Common use of Confidentiality and Other Covenants Clause in Contracts

Confidentiality and Other Covenants. Each member of the Senior Management agrees that: (a) he shall keep confidential any information, including Trade Secrets, relating to the Company, Company Affiliates, and the Business (unless such disclosure is permitted in writing by the Company, required under law or by order of any governmental or regulatory authority, or relates to information already in the public domain, or is rightfully obtained from a third party without breach of any confidentiality obligation); (b) all Work Product of any member of the Senior Management conceived (whether solely or jointly with others) within the scope of his employment with the Company belongs to the Company and any and all of his rights to such Work Product, to the extent not yet assigned, are hereby assigned to the Company; (c) upon the termination of his employment with the Company, at the request of the Company, he shall return to the Company all of the Company’s proprietary items in his possession or under his control and shall not retain any copies or other physical embodiment of any of such items; and (d) upon the termination of his employment with the Company, he shall not hold himself out as an employee, agent or representative of the Company.

Appears in 3 contracts

Samples: Investor Rights Agreement (Citadel L P), Investor Rights Agreement (Fushi International Inc), Investor Rights Agreement (Fushi Copperweld, Inc.)

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Confidentiality and Other Covenants. Each member of the Senior Management Executive agrees that: (a) he shall keep confidential any information, including Trade Secrets, relating to the Company, Company Affiliates, and the Business (unless such disclosure is permitted in writing by the Company, required under law or by order of any governmental or regulatory authority, or relates to information already in the public domain, or is rightfully obtained from to a third party who has rightfully obtained such Trade Secrets without breach of any confidentiality obligation); (b) all Work Product of any member of the Senior Management Executive conceived (whether solely or jointly with others) within the scope of his employment with the Company belongs to the Company and any and all of his rights to such Work Product, to the extent not yet assigned, are hereby assigned to the Company; (c) upon the termination of his employment with the Company, at the request of the Company, he shall return to the Company all of the Company’s proprietary items in his possession or under his control and shall not retain any copies or other physical embodiment of any of such items; and (d) upon the termination of his employment with the Company, he shall not hold himself out as an employee, agent or representative of the Company.

Appears in 3 contracts

Samples: Noncompetition Agreement (Sinoenergy CORP), Noncompetition Agreement (Xinyuan Real Estate Co LTD), Non Competition Agreement (Abax Lotus Ltd.)

Confidentiality and Other Covenants. Each member of the Senior Management Executive agrees that: (a) he shall keep confidential any information, including Trade Secrets, relating to the Company, Company Affiliates, and the Business (unless such disclosure is permitted in writing by the Company, required under law or by order of any governmental or regulatory authority, or relates to information already in the public domain, or is rightfully obtained from to a third party who has rightfully obtained such Trade Secrets without breach of any confidentiality obligation); (b) all Work Product of any member of the Senior Management Executive conceived (whether solely or jointly with others) within the scope of his employment with the Company belongs to the Company and any and all of his rights to such Work Product, to the extent not yet assigned, are hereby assigned to the Company; (c) upon the termination of his employment with the Company, at the request of the Company, he shall return to the Company all of the Company’s 's proprietary items in his possession or under his control and shall not retain any copies or other physical embodiment of any of such items; and (d) upon the termination of his employment with the Company, he shall not hold himself out as an employee, agent or representative of the Company.

Appears in 1 contract

Samples: Noncompetition Agreement (Abax Lotus Ltd.)

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Confidentiality and Other Covenants. Each member of the Senior Management Executive agrees that: (a) he shall keep confidential any information, including Trade Secrets, relating to the Company, Company Affiliates, and the Business (unless such disclosure is permitted in writing by the Company, required under law or by order of any governmental or regulatory authority, or relates to information already in the public domain, or is rightfully obtained from a third party without breach of any confidentiality obligation); (b) all Work Product of any member of the Senior Management Executive conceived (whether solely or jointly with others) within the scope of his employment with the Company belongs to the Company and any and all of his rights to such Work Product, to the extent not yet assigned, are hereby assigned to the Company; (c) upon the termination of his employment with the Company, at the request of the Company, he shall return to the Company all of the Company’s proprietary items in his possession or under his control and shall not retain any copies or other physical embodiment of any of such items; and (d) upon the termination of his employment with the Company, he shall not hold himself out as an employee, agent or representative of the Company.

Appears in 1 contract

Samples: Noncompetition Agreement (Harbin Electric, Inc)

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