Common use of Confidentiality and Return of Property Clause in Contracts

Confidentiality and Return of Property. To the extent permitted by law, Employee agrees not to disclose, either directly or indirectly, any information whatsoever relating to the existence or substance of the Agreement, the business of Company, or any current or former employees of Company to any person or entity including, but not limited to, members of the media, present or former employees of the Company and/or attorneys or private investigators representing other employees or entities. Employee, however, may disclose the terms of the Agreement to: (i) her accountant, counsel or spouse with whom she chooses to consult or seek advice regarding Employee’s consideration of the decision to execute the Agreement provided, however, that those to whom Employee makes such disclosure agree to keep such information confidential and not disclose it to others; or (ii) if required to do so by any regulatory body or agency. Nothing herein shall be read to preclude Employee from discussing her dates of employment with the Company, job duties, job titles and salary history with prospective employers. In the event Employee or her counsel believe either is compelled to provide or disclose information described in this paragraph, they will provide written notice of such belief, via facsimile and mail, to Xxxxxxx Xxxxxx, President, Bancorp of New Jersey, 0000 Xxxxxxxx Xxxxxx, Xxxx Xxx, NJ 07024, 000-000-0000, xxxxxxx@xxxx.xxx, no later than three (3) business days prior to said production or disclosure. This Agreement shall not be filed with any court and shall remain forever confidential except in an action to enforce or for breach of this Agreement. If Employee or Bancorp asserts an action to enforce this Agreement or for breach of this Agreement, Employee and Bancorp shall maintain such confidentiality by whatever means necessary including, but not limited to, submitting the Agreement to a court under confidential seal. Employee affirms she has returned all of the Company’s property, documents, and/or any confidential information in Employee’s possession or control. Employee also affirms she is in possession of all of her property that she had at Bancorp’s premises and that Bancorp is not in possession of any of Employee’s property.

Confidentiality and Return of Property. To Subject to the extent permitted exceptions set forth in Paragraph 3 of this Agreement, and except as required by lawlaw or public policy, or as authorized by the Bank, Employee agrees shall not to discloseuse or divulge, either directly publish or indirectly, any information whatsoever relating to the existence or substance of the Agreement, the business of Company, or any current or former employees of Company disclose to any person or entity 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, members 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 media, present or former employees of the Company and/or attorneys or private investigators representing other employees or entities. Employee, however, may disclose the terms of the Agreement to: (i) her accountant, counsel or spouse with whom she chooses to consult or seek advice regarding Employee’s consideration of the decision to execute the Agreement provided, however, that those to whom Employee makes such disclosure agree to keep such information confidential and not disclose it to others; or (ii) if required to do so by any regulatory body or agency. Nothing herein shall be read to preclude Employee from discussing her dates of employment with the Company, job duties, job titles and salary history with prospective employers. In the event Employee or her counsel believe either is compelled to provide or disclose information described in this paragraph, they will provide written notice of such belief, via facsimile and mail, to Xxxxxxx Xxxxxx, President, Bancorp of New Jersey, 0000 Xxxxxxxx Xxxxxx, Xxxx Xxx, NJ 07024, 000-000-0000, xxxxxxx@xxxx.xxx, no later than three (3) business days prior to said production or disclosure. This Employment Agreement shall not be filed apply to information that becomes part of the public domain by means other than by Employee’s failure to comply with any court and shall remain forever confidential except in an action to enforce or for breach obligations of this Agreement. If Employee or Bancorp asserts an action to enforce this Agreement or for breach of this Agreement, Employee and Bancorp shall maintain such confidentiality by whatever means necessary including, but not limited to, submitting the Agreement to a court under confidential sealconfidentiality. Employee affirms she has returned further agrees to delete all of the Company’s property, documents, confidential and/or proprietary information belonging to Employer from any confidential information other personal communication devices in Employee’s his possession or control. Pursuant to the Trade Secrets Act of 2016, Employee also affirms she understands that: An individual may not be held criminally or civilly liable under any federal or state trade secret law for the disclosure of a trade secret that (a) is made in possession confidence to a federal, state or local government official, either directly or indirectly, or (b) is made in a complaint or other document that is filed under seal in a lawsuit or other proceeding. Further, an individual who files a lawsuit for retaliation by an employer for reporting a suspected violation of all of her property that she had at Bancorpthe law may disclose the employer’s premises trade secrets to the attorney and that Bancorp is use the trade secret information in the court proceeding if the individual (a) files any document containing the trade secret under seal; and (b) does not in possession of any of Employee’s propertydisclose the trade secret, except pursuant to court order.

Confidentiality and Return of Property. To (a) Executive acknowledges that he has had access to information of a confidential nature relating to the extent permitted business of Employer, including, without limitation, trade secrets, business plans, client lists or information, information regarding product development, production methods and processes, product specifications, marketing plans, management organization, operating commercial, business or technical information, and as defined in the Proprietary Information Agreement (collectively "Confidential Information"), the disclosure of which to a competitor or others would be likely to cause significant and irreparable harm to Employer's business. Executive agrees that such information must be protected as confidential, and not copied, disclosed or used other than for the benefit of Employer at any time, unless and until such knowledge or information is in the public domain through no wrongful act by law, Employee Executive or any other person. Executive further agrees not to disclose, either directly or indirectly, any information whatsoever relating divulge to the existence or substance of the Agreement, the business of Company, anyone (other than Employer or any current persons employed or former employees designated by Employer), publish or make use of Company any such Confidential Information without the prior written consent of Employer or in response to any person a subpoena from an appropriate government agency or entity including, but not limited to, members of the media, present or former employees of the Company and/or attorneys or private investigators representing other employees or entities. Employee, however, may disclose the terms of the Agreement to: (i) her accountant, counsel or spouse with whom she chooses to consult or seek advice regarding Employee’s consideration of the decision to execute the Agreement provided, however, that those to whom Employee makes such disclosure agree to keep such information confidential and not disclose it to others; or (ii) if required to do so by any regulatory body or agency. Nothing herein shall be read to preclude Employee from discussing her dates of employment with the Company, job duties, job titles and salary history with prospective employerscourt. In the event Employee that Executive receives a subpoena or her counsel believe either is compelled other court process which relates to Employer and Executive reasonably concludes that the subpoena or other court process may result in the disclosure of Confidential Information, then Executive shall provide or disclose information described in this paragraph, they will provide advance written notice of such beliefcompelled disclosure to Employer within sufficient time for Employer to object to disclosure. Such notice shall be in the form of a letter, which will include a copy of the subpoena or other court process and this Release, sent via facsimile and mailcertified mail to: Jeffrey A. Baumel, to Xxxxxxx Esx., XxXxxxxx & Xxglish, LXX, Xxxx Gateway Center, 100 Mulberry Street, Xxxxxx, President, Bancorp Xxx Xxxxxx 00000; (x) Xxxxxxxxx xxxxxer agrees that at the Separation Date he has returned to Employer all of New Jersey, 0000 Xxxxxxxx Xxxxxx, Xxxx Xxx, NJ 07024, 000-000-0000, xxxxxxx@xxxx.xxx, no later than three its property and documents (3and any copies thereof) business days prior to said production or disclosure. This Agreement shall not be filed with any court and shall remain forever confidential except in an action to enforce or for breach of this Agreement. If Employee or Bancorp asserts an action to enforce this Agreement or for breach of this Agreement, Employee and Bancorp shall maintain such confidentiality by whatever means necessary including, but not limited towithout limitation, submitting all Confidential Information, all computer software and disks, all reports, memoranda, notes, records, projections, lists, Employer or client financial information, keys, credit cards, and equipment, except that Employer agrees that Executive may keep the Agreement notebook computer provided to a court him by Employer. To the extent Executive is unable to comply with his obligations under confidential seal. Employee affirms she has returned all of this paragraph before the Company’s propertySeparation Date, documents, and/or any confidential information Employer agrees to permit him access to its premises on one occasion in Employee’s possession or control. Employee also affirms she is in possession of all of her property that she had at Bancorp’s premises and that Bancorp is not in possession January 2006 for no more than 3 hours to complete the return of any of Employee’s propertyConfidential Information in his possession to Employer. Executive further agrees to make himself available to Employer from time to time for information purposes relating to Executive's former position as Employer's Chief Executive Officer.

Confidentiality and Return of Property. To It is understood and agreed that this Agreement and each and every provision hereof shall be confidential and shall not be disclosed directly or indirectly by Mxxxxx to any other person, firm, organization or other entity, of any and every type, public or private, for any reason, at any time, without the extent permitted prior written request or consent of Company, unless required by law. Nor shall Mxxxxx disclose directly or indirectly to any person or organization, Employee except as expressly permitted herein, that Mxxxxx received any sum of money from Company as a result of the termination of his employment with Company. Except as expressly authorized in writing by Company’s Board of Directors, Mxxxxx further agrees not to disclose, either directly use, or indirectly, disseminate any information whatsoever relating to the existence or substance of the Agreement, the business of Confidential Information regarding Company, or its affiliates or subsidiaries. For purposes of this Agreement, “Confidential Information” shall include any current information concerning Company’s business that is not generally known by the public or former employees of Company to any person or entity includingCompany’s competitors, including but not limited toto information concerning Company’s business and marketing techniques, members policies, or plans, finances, pricing, customers, vendors, management or employees. Mxxxxx agrees to deliver or return to Company immediately upon termination of employment, all documents, records, notebooks, and other material containing Confidential Information, including all copies in Mxxxxx’x possession, whether prepared by Mxxxxx or by others, along with any Company credit cards, keys and any electronic card for entry into the Company’s parking or office space at University Centre, the 2002 Cadillac STS Company automobile now in his possession, and all other Company property. Mxxxxx covenants and agrees that, simultaneously with the delivery of the mediapayment called for by Paragraph 2 above to him, present he will deliver all Company owned items in his possession to the Company. Mxxxxx covenants and agrees that should he later become aware that he has failed to deliver any Company owned articles, he will promptly deliver them to the Company. Mxxxxx may disclose Confidential Information only if required to disclose such information by law or former employees of court order, but before doing so Mxxxxx must provide written notice to the Company and/or attorneys or private investigators representing other employees or entitieswith regard to such potential disclosure. Employee, however, may It is further understood and agreed that it shall not constitute a breach of this Agreement for Mxxxxx to disclose the terms of the Agreement to: (i) her hereof to his immediate family, attorney, and to his accountant, counsel or spouse with whom she chooses to consult or seek advice regarding Employee’s consideration of the decision to execute the Agreement ; provided, however, that those Mxxxxx shall be obliged to whom Employee makes use his best efforts to assure that such disclosure agree to keep such information confidential and persons do not disclose it to others; or (ii) if required to do so by any regulatory body or agency. Nothing herein shall be read to preclude Employee from discussing her dates of employment with the Company, job duties, job titles and salary history with prospective employers. In the event Employee or her counsel believe either is compelled to provide or disclose information described in this paragraph, they will provide written notice of such belief, via facsimile and mail, to Xxxxxxx Xxxxxx, President, Bancorp of New Jersey, 0000 Xxxxxxxx Xxxxxx, Xxxx Xxx, NJ 07024, 000-000-0000, xxxxxxx@xxxx.xxx, no later than three (3) business days prior to said production or disclosure. This Agreement shall not be filed with any court and shall remain forever confidential except in an action to enforce or for breach of this Agreement. If Employee or Bancorp asserts an action to enforce this Agreement or for breach any provision thereof or the fact that Mxxxxx received any sum of money from Company as a result of the termination of Mxxxxx’x employment with Company. The Company may make such disclosure of the terms of this Agreement, Employee Agreement in documents filed with or prepared pursuant to the statutes administered by and Bancorp shall maintain such confidentiality by whatever means necessary including, but not limited to, submitting the Agreement to a court under confidential seal. Employee affirms she has returned all rules and regulations of the Company’s property, documents, and/or any confidential information in Employee’s possession or control. Employee also affirms she is in possession of all of her property that she had at Bancorp’s premises Securities and that Bancorp is not in possession of any of Employee’s propertyExchange Commission as it may deem appropriate.