Common use of Confidentiality and Return of Property Clause in Contracts

Confidentiality and Return of Property. (a) Employee agrees that to the maximum extent permitted by law, he shall not disclose to any other person or entity (including but not limited to social networking web sites and/or members of the press/media), any information regarding the underlying facts leading up to this Agreement, except to his spouse/significant other, tax advisor, and/or an attorney with whom he chooses to consult regarding his consideration of this Agreement and General Release, or to enforce any provision of this Agreement or as otherwise permitted by law. (b) Notwithstanding the foregoing, nothing in this Agreement, the Employment Agreement prohibits Employee from reporting possible violations of federal law or regulation to any United States governmental agency or entity in accordance with the provisions of and rules promulgated under Section 21F of the Securities Exchange Act of 1934 or Section 806 of the Xxxxxxxx-Xxxxx Act of 2002, or any other whistleblower protection provisions of state or federal law or regulation (including the right to receive an award for information provided to any such government agencies). Furthermore, in accordance with 18 U.S.C. § 1833, notwithstanding anything to the contrary in this Agreement, the Employment Agreement: (A) Employee shall not be in breach of this Agreement, the Employment Agreement, and shall not be held criminally or civilly liable under any federal or state trade secret law (x) for the disclosure of a trade secret that is made in confidence to a federal, state, or local government official or to an attorney solely for the purpose of reporting or investigating a suspected violation of law, or (y) for the disclosure of a trade secret that is made in a complaint or other document filed in a lawsuit or other proceeding, if such filing is made under seal; and (B) if Employee files a lawsuit for retaliation by the Company for reporting a suspected violation of law, Employee may disclose the trade secret to Employee’s attorney, and may use the trade secret information in the court proceeding, if Employee files any document containing the trade secret under seal, and does not disclose the trade secret, except pursuant to court order. (c) Employee affirms that he will return/has returned all of Momenta’s property, documents, and/or any confidential information in his possession or control, unless otherwise agreed by the parties.

Confidentiality and Return of Property. (a) a. Employee covenants and agrees that not to the maximum extent permitted by law, he shall not disclose to any other person or entity (including but not limited to social networking web sites and/or members of the press/media), any information regarding the underlying facts leading up to, or the existence or substance of this Separation Agreement or the Release Agreement, than those required by law, including but not limited to this Agreementthe transition period arrangement or any information about the elimination of Employee’s position or any other position or Employer’s financial situation, including in connection with efforts to obtain new employment, except to his spouse/Employee’s spouse or significant other, parent, or child, tax advisor, and/or an attorney with whom he Employee chooses to consult regarding his Employee’s consideration of this Separation Agreement or the Release Agreement. Prior to such disclosure, Employee will advise the intended recipient of the confidentiality requirements of this paragraph and General Release, that disclosure of its terms may subject Employee to liability and obtain assurances from the intended recipient that they agree to maintain the confidentiality of the information they will receive. This provision also does not prohibit any disclosure or statement relating to any proceeding to enforce any provision the terms of this Separation Agreement or as otherwise permitted by lawthe Release Agreement. (b) Notwithstanding the foregoing, nothing in this Agreement, the Employment Agreement prohibits b. Employee from reporting possible violations of federal law or regulation covenants and agrees to any United States governmental agency or entity in accordance comply with the provisions Return of and rules promulgated under Section 21F of the Securities Exchange Act of 1934 or Section 806 of the Xxxxxxxx-Xxxxx Act of 2002, or any other whistleblower protection provisions of state or federal law or regulation (including the right to receive an award for information provided to any such government agencies). Furthermore, Confidential Material provision in accordance with 18 U.S.C. § 1833, notwithstanding anything to the contrary in this Agreement, the Employment Agreement: (A) Employee shall not be in breach of this Agreement, the Employment Agreement, and shall further, to the extent Employee has not already done so, to deliver all Employer property, such as keys, security or access cards, company credit cards, books and laptops or other electronic equipment, including any and all password(s) necessary to access such property or any of Employer’s electronic systems, as well as all property as outlined in the Employment Agreement within twenty-four (24) hours of the Separation Date. c. Notice of Immunity Under the Economic Espionage Act of 1996, as amended by the Defend Trade Secrets Act of 2016. Notwithstanding any other provision of this Agreement, Employee will not be held criminally or civilly liable under any federal or state trade secret law (x) for the any disclosure of a trade secret that that: (i) is made (A) in confidence to a federal, state, or local government official official, either directly or indirectly, or to an attorney attorney; and (B) solely for the purpose of reporting or investigating a suspected violation of law, ; or (yii) for the disclosure of a trade secret that is made in a complaint or other document filed under seal in a lawsuit or other proceeding, if such filing is made under seal; and (B) if . If Employee files a lawsuit for retaliation by the Company Employer for reporting a suspected violation of law, Employee may disclose the Employer’s trade secret secrets to Employee’s attorney, attorney and may use the trade secret information in the court proceeding, proceeding if Employee Employee: (x) files any document containing the trade secret secrets under seal, ; and (y) does not disclose the trade secretsecrets, except pursuant to court order. (c) Employee affirms that he will return/has returned all of Momenta’s property, documents, and/or any confidential information in his possession or control, unless otherwise agreed by the parties.

Confidentiality and Return of Property. (a) Employee agrees affirms that, except in the performance of Employee’s duties on the Employer’s behalf, Employee has not divulged any proprietary or confidential information of the Employer and that Employee will continue to maintain the maximum extent permitted by lawconfidentiality of such information consistent with the Employer’s policies, he shall not disclose to any other person or entity (including but not limited to social networking web sites all agreements signed requiring Employee to to maintain confidentiality of confidential or trade secret information of Employer, and the law. Employee further affirms that Employee does not have any of Employer’s property, documents and/or members confidential information in Employee’s possession or control and that Employee has not had any Employer property, documents and/or confidential information in Employee’s possession or control since Employee’s Separation Date. Employee also affirms that Employee has not asked anyone to provide Employee with any of Employer’s property, documents and/or confidential information since Employee’s Separation Date. Under the press/media), any information regarding the underlying facts leading up to this Agreement, except to his spouse/significant other, tax advisor, and/or an attorney with whom he chooses to consult regarding his consideration of this Agreement and General Release, or to enforce any provision of this Agreement or as otherwise permitted by law. (b) Notwithstanding the foregoing, nothing in this Agreement, the Employment Agreement prohibits Employee from reporting possible violations of federal law or regulation to any United States governmental agency or entity in accordance with the provisions of and rules promulgated under Section 21F of the Securities Exchange Defend Trade Secrets Act of 1934 or Section 806 of the Xxxxxxxx-Xxxxx Act of 20022016, or any other whistleblower protection provisions of state or federal law or regulation (including the right to receive an award for information provided to any such government agencies). Furthermore, in accordance with 18 U.S.C. § 1833, notwithstanding anything to the contrary in this Agreement, the Employment Agreement: (A) Employee shall not be in breach of this Agreement, the Employment Agreement, and shall not be held criminally or civilly liable under any federal or state trade secret law (x) for the disclosure of a trade secret that that: (a) is made (i) in confidence to a federal, state, or local government official official, either directly or indirectly, or to an attorney attorney; and (ii) solely for the purpose of reporting or investigating a suspected violation of law, ; or (yb) is made to Employee’s attorney in relation to a lawsuit for the disclosure retaliation against Employee for reporting a suspected violation of a trade secret that law; or (c) is made in a complaint or other document filed in a lawsuit or other proceeding, if such filing is made under seal; and (B) if Employee files a lawsuit for retaliation by the Company for reporting a suspected violation of law, Employee may disclose the trade secret to Employee’s attorney, and may use the trade secret information in the court proceeding, if Employee files any document containing the trade secret under seal, and does not disclose the trade secret, except pursuant to court order. (c) . Employee affirms that he will return/Employee has returned all and not destroyed any of MomentaEmployer’s property, documents, and/or any confidential information that were in his Employee’s possession or control, unless otherwise agreed by the parties. Employee also affirms that Employee is in possession of all of Employee’s property that Employee had at Employer’s premises and that Employer is not in possession of any of Employee’s personal property.

Confidentiality and Return of Property. (a) Employee agrees that not to the maximum extent permitted by law, he shall not disclose to any other person or entity (including but not limited to social networking web sites and/or members of the press/media), any information regarding the underlying facts leading up to or the existence or substance of this AgreementSeparation Agreement until this Agreement is publicly disclosed by the Corporation, except to his Employee’s spouse/significant other, tax advisor, and/or an attorney with whom he Employee chooses to consult regarding his Employee’s consideration of this Agreement and General Release, or to enforce any provision of this Agreement or as otherwise permitted by law. (b) Notwithstanding the foregoing, nothing in this Separation Agreement, the Employment Agreement prohibits Employee from reporting possible violations of federal law or regulation to any United States governmental agency or entity in accordance with the provisions of and rules promulgated under Section 21F of the Securities Exchange Act of 1934 or Section 806 of the Xxxxxxxx-Xxxxx Act of 2002, or any other whistleblower protection provisions of state or federal law or regulation (including the right to receive an award for information provided to any such government agencies). Furthermore, in accordance with 18 U.S.C. § 1833, notwithstanding anything to the contrary in this Agreement, the Employment Agreement: (A) Employee shall not be at any time after Employee’s employment terminates disclose, use or aid third parties in breach obtaining or using any confidential or proprietary company information or such information of this Agreementits parents, subsidiaries or affiliates. Confidential or proprietary information is information relating to The Pantry, its parent, subsidiaries or affiliates or any aspect of its business which is not generally available to the public, the Employment Agreementcompany’s competitors, and or other third parties, or ascertainable through common sense or general business or technical knowledge. Nothing in this Agreement shall not be held criminally or civilly liable relieve Employee from any obligations under any federal previously executed confidentiality, proprietary information or state trade secret law (x) for the disclosure of a trade secret that is made in confidence to a federal, state, or local government official or to an attorney solely for the purpose of reporting or investigating a suspected violation of law, or (y) for the disclosure of a trade secret that is made in a complaint or other document filed in a lawsuit or other proceeding, if such filing is made under seal; and (B) if Employee files a lawsuit for retaliation by the Company for reporting a suspected violation of law, Employee may disclose the trade secret to Employee’s attorney, and may use the trade secret information in the court proceeding, if Employee files any document containing the trade secret under seal, and does not disclose the trade secret, except pursuant to court order. (c) secrecy agreements. Employee affirms that he will return/Employee has returned all of Momenta’s The Pantry's property, documents, and/or any confidential information in his Employee’s possession or control. All records, unless files or other materials maintained by or under the control, custody or possession of The Pantry or its agents in their capacity as such shall be and remain The Pantry’s property. Employee shall: (i) return all company property (including, but not limited to, credit cards; keys; company car; cell phones; computer hardware and software; records, files, documents, company manuals, and other documents in whatever form they exist, whether electronic, hard copy or otherwise agreed and all copies, notes or summaries thereof) which Employee received in connection with Employee’s employment; (ii) bring all such records, files, and other materials up to date before returning them; and (iii) fully cooperate with The Pantry in winding up Employee’s work and transferring that work to those individuals designated by the partiescompany. Employee also affirms that Employee is in possession of all of Employee’s property that Employee had at The Pantry’s premises and that The Pantry is not in possession of any of Employee’s property.

Confidentiality and Return of Property. (a) Employee agrees that Subject to the maximum extent permitted by law, he shall not disclose to any other person or entity (including but not limited to social networking web sites and/or members of the press/media), any information regarding the underlying facts leading up to this Agreement, except to his spouse/significant other, tax advisor, and/or an attorney with whom he chooses to consult regarding his consideration of this Agreement and General Release, or to enforce any provision of this Agreement or as otherwise permitted by law. (b) Notwithstanding the foregoing, nothing exceptions set forth in this Agreement, the Employment Agreement prohibits Employee from reporting possible violations of federal law or regulation to any United States governmental agency or entity in accordance with the provisions of and rules promulgated under Section 21F of the Securities Exchange Act of 1934 or Section 806 of the Xxxxxxxx-Xxxxx Act of 2002, or any other whistleblower protection provisions of state or federal law or regulation (including the right to receive an award for information provided to any such government agencies). Furthermore, in accordance with 18 U.S.C. § 1833, notwithstanding anything to the contrary in this Agreement, the Employment Agreement: (A) Employee shall not be in breach Paragraph 3 of this Agreement, and except as required by law or public policy, or as authorized by the Bank, Employee shall not use or divulge, publish or disclose to any person or organization, information obtained by Employee during his employment, which he knows or has reason to believe constitutes Confidential Information. To the extent it contemplates obligations after the termination of his employment, Employee remains subject to the confidentiality obligations Section 10 of his Employment Agreement. Employee agrees that, as of the date he signs this Agreement, with the exception of the cell phone and I-Pad referenced in Paragraph 2, he has returned to the Bank and will not keep in his possession, recreate, copy, or deliver to anyone else all property and documents utilized in association with his employment with the Bank including, but not limited to, all keys, key fobs, files, corporate credit cards, cell phones or computers as well as all user names and passwords to software and electronic equipment belonging to the Bank. Employee specifically acknowledges that he has deleted or erased any business-related information or communications contained on the cell phone and I-pad. Personal contacts are excluded from business-related information. The obligation imposed by this paragraph and Section 10 of the Employment AgreementAgreement shall not apply to information that becomes part of the public domain by means other than by Employee’s failure to comply with any obligations of confidentiality. Employee further agrees to delete all confidential and/or proprietary information belonging to Employer from any other personal communication devices in his possession or control. Pursuant to the Trade Secrets Act of 2016, and shall Employee understands that: An individual may not be held criminally or civilly liable under any federal or state trade secret law (x) for the disclosure of a trade secret that (a) is made in confidence to a federal, state, state or local government official official, either directly or to an attorney solely for the purpose of reporting or investigating a suspected violation of lawindirectly, or (yb) for the disclosure of a trade secret that is made in a complaint or other document that is filed under seal in a lawsuit or other proceeding. Further, if such filing is made under seal; and (B) if Employee an individual who files a lawsuit for retaliation by the Company an employer for reporting a suspected violation of law, Employee the law may disclose the employer’s trade secret secrets to Employee’s attorney, the attorney and may use the trade secret information in the court proceeding, proceeding if Employee the individual (a) files any document containing the trade secret under seal, ; and (b) does not disclose the trade secret, except pursuant to court order. (c) Employee affirms that he will return/has returned all of Momenta’s property, documents, and/or any confidential information in his possession or control, unless otherwise agreed by the parties.

Confidentiality and Return of Property. Except as necessary under law, in a judicial or administrative proceeding with subpoena power or applicable listing standards, (a) Employee Executive agrees that not to the maximum extent permitted by law, he shall not disclose to any other person or entity (including but not limited to social networking web sites and/or members of the press/media), any information regarding the underlying facts leading up to or the existence or substance of this AgreementAgreement and General Release, except to his Executive’s spouse/significant other, tax or financial advisor, and/or an attorney with whom he Executive chooses to consult regarding his Executive’s consideration of this Agreement and General Release, or to enforce any provision of this Agreement or as otherwise permitted by law. (b) Notwithstanding Executive shall not at any time after Executive’s employment terminates disclose, use or aid third parties in obtaining or using any confidential or proprietary Company information or such information of its parents, subsidiaries or affiliates. Confidential or proprietary information is information relating to the foregoingCompany, nothing parent, subsidiaries or affiliates or any aspect of its business which is not generally available to the public, the Company’s competitors, or other third parties, or ascertainable through common sense or general business or technical knowledge. Nothing in this Agreement, the Employment Agreement prohibits Employee shall relieve Executive from reporting possible violations of federal law or regulation to any United States governmental agency or entity in accordance with the provisions of and rules promulgated under Section 21F of the Securities Exchange Act of 1934 or Section 806 of the Xxxxxxxx-Xxxxx Act of 2002, or any other whistleblower protection provisions of state or federal law or regulation (including the right to receive an award for information provided to any such government agencies). Furthermore, in accordance with 18 U.S.C. § 1833, notwithstanding anything to the contrary in this Agreement, the Employment Agreement: (A) Employee shall not be in breach of this Agreement, the Employment Agreement, and shall not be held criminally or civilly liable obligations under any federal previously executed confidentiality, proprietary information, non-compete, non-solicitation or state trade secret law (x) for the disclosure of a trade secret that is made in confidence to a federal, state, or local government official or to an attorney solely for the purpose of reporting or investigating a suspected violation of law, or (y) for the disclosure of a trade secret that is made in a complaint or other document filed in a lawsuit or other proceeding, if such filing is made under seal; and (B) if Employee files a lawsuit for retaliation by the Company for reporting a suspected violation of law, Employee may disclose the trade secret to Employee’s attorney, and may use the trade secret information in the court proceeding, if Employee files any document containing the trade secret under seal, and does not disclose the trade secret, except pursuant to court ordersecrecy agreements. (c) Employee Executive affirms that he will return/Executive has returned returned, or deleted, all of Momenta’s Cree's property, documents, and/or any confidential information in his Executive’s possession or control. All records, unless files or other materials maintained by or under the control, custody or possession of the Company or its agents in their capacity as such shall be and remain the Company’s property. Executive shall: (i) return all Company property (including, but not limited to, credit cards; keys; company car; cell phones; computer hardware and software; records, files, documents, company manuals, and other documents in whatever form they exist, whether electronic, hard copy or otherwise agreed and all copies, notes or summaries thereof) which Executive received in connection with Executive’s employment; (ii) bring all such records, files, and other materials up to date before returning them, if requested to do so; and (iii) fully cooperate with the Company in winding up Executive’s work and transferring that work to those individuals designated by the partiesCompany, if requested to do so. (d) Executive also affirms that Executive is in possession of all of Executive’s property that Executive had at Cree’s premises and that Cree is not in possession of any of Executive’s property.

Confidentiality and Return of Property. (a) Employee agrees that to the maximum extent permitted by law, he shall not disclose to any other person or entity (including but not limited to social networking web sites and/or members of the press/media), any information regarding the underlying facts leading up to this Agreement, except to his spouse/significant other, tax advisor, and/or an attorney with whom he chooses to consult regarding his consideration of this Agreement and General Release, or to enforce any provision of this Agreement or as otherwise permitted by law. Further, he may share this agreement with taxing authorities, the office of unemployment and his long-term insurance carrier if requested to do so. (b) Notwithstanding the foregoing, nothing in this Agreement, the Employment Agreement prohibits Employee from reporting possible violations of federal law or regulation to any United States governmental agency or entity in accordance with the provisions of and rules promulgated under Section 21F of the Securities Exchange Act of 1934 or Section 806 of the Xxxxxxxx-Xxxxx Act of 2002, or any other whistleblower protection provisions of state or federal law or regulation (including the right to receive an award for information provided to any such government agencies). Furthermore, in accordance with 18 U.S.C. § 1833, notwithstanding anything to the contrary in this Agreement, the Employment Agreement: (A) Employee shall not be in breach of this Agreement, the Employment Agreement, and shall not be held criminally or civilly liable under any federal or state trade secret law (x) for the disclosure of a trade secret that is made in confidence to a federal, state, or local government official or to an attorney solely for the purpose of reporting or investigating a suspected violation of law, or (y) for the disclosure of a trade secret that is made in a complaint or other document filed in a lawsuit or other proceeding, if such filing is made under seal; and (B) if Employee files a lawsuit for retaliation by the Company for reporting a suspected violation of law, Employee may disclose the trade secret to Employee’s attorney, and may use the trade secret information in the court proceeding, if Employee files any document containing the trade secret under seal, and does not disclose the trade secret, except pursuant to court order. (c) Employee affirms that he will return/has returned all of Momenta’s property, documents, and/or any confidential information in his possession or control, unless otherwise agreed by the parties.