Common use of Confidentiality and Restrictive Covenants Clause in Contracts

Confidentiality and Restrictive Covenants. (a) The Executive acknowledges that: (i) the Business in which the Company is engaged is intensely competitive and that his employment by the Company will require that he have access to and knowledge of confidential information of the Company, including, but not limited to, certain/all of the Company’s products, plans for creation, prototypes, acquisition or disposition of products or publications, expansion plans, financial status and plans, marketing plans, products, improvements, formulas, designs or styles, source code, software architecture, hardware and software configurations, method of distribution, customer lists, product development plans, rules and regulations, personnel information and trade secrets of the Company, all of which are of vital importance to the success of the Company’s business (collectively, “Confidential Information”); (ii) the direct or indirect disclosure of any Confidential Information could place the Company at a serious competitive disadvantage and could do serious damage, financial and otherwise, to the Company’s business; (iii) by his training, experience and expertise, the Executive’s services to the Company will be special and unique; and (iv) if the Executive leaves the Company’s employ to work for a competitive business, in any capacity, it could cause the Company irreparable harm.