Common use of Confidentiality Covenant Clause in Contracts

Confidentiality Covenant. Employee covenants and agrees that any and all data, figures, projections, estimates, lists, files, records, documents, manuals or other such materials or information (financial or otherwise) relating to the Bank and its banking business, regulatory examinations, financial results and condition, lending and deposit operations, customers (including lists of the Bank’s customers and information regarding their accounts and business dealings with the Bank), policies and procedures, computer systems and software, shareholders, employees, officers and directors (herein referred to as “Confidential Information”) are proprietary to the Bank and are valuable, special and unique assets of the Bank’s business to which Employee will have access during his employment with the Bank. Employee agrees that (i) all such Confidential Information shall be considered and kept as the confidential, private and privileged records and information of the Bank, and (ii) at all times during the term of his employment with the Bank and following the termination of this Agreement or his employment for any reason, and except as shall be required in the course of the performance by Employee of his duties on behalf of the Bank or otherwise pursuant to the direct, written authorization of the Bank, Employee will not: divulge any such Confidential Information to any other Person or Financial Institution; remove any such Confidential Information in written or other recorded form from the Bank’s premises; or make any use of any Confidential Information for his own purposes or for the benefit of any Person or Financial Institution other than the Bank. However, following the termination of Employee’s employment with the Bank, this subparagraph (b) shall not apply to any Confidential Information which then is in the public domain (provided that Employee was not responsible, directly or indirectly, for permitting such Confidential Information to enter the public domain without the Bank’s consent), or which is obtained by Employee from a third party which or who is not obligated under an agreement of confidentiality with respect to such information.

Confidentiality Covenant. Employee covenants and agrees that any and all data, figures, projections, estimates, lists, files, records, documents, manuals or other such materials or information (financial or otherwise) relating to the Bank and its banking business, regulatory examinations, financial results and condition, lending and deposit operations, customers (including lists of the Bank’s customers and information regarding their accounts and business dealings with the Bank), policies and procedures, computer systems and software, shareholders, employees, officers shareholders and directors employees (herein referred to as “Confidential Information”) are proprietary to the Bank and are valuable, special and unique assets of the Bank’s business to which Employee will have access during his employment with the Bank. Employee agrees that (i) all such Confidential Information shall be considered and kept as the confidential, private and privileged records and information of the Bank, and (ii) at all times during the term of his employment with the Bank and following the termination of this Agreement or his employment for any reason, and except as shall be required in the course of the performance by Employee of his duties on behalf of the Bank or otherwise pursuant to the direct, written authorization of the Bank, Employee will not: divulge any such Confidential Information to any other Person or Financial Institution; remove any such Confidential Information in written or other recorded form from the Bank’s premises; or make any use of any Confidential Information for his own purposes or for the benefit of any Person or Financial Institution other than the Bank. However, following the termination of Employee’s employment with the Bank, this subparagraph (b) shall not apply to any Confidential Information which then is in the public domain (provided that Employee was not responsible, directly or indirectly, for permitting such Confidential Information to enter the public domain without the Bank’s consent), or which is obtained by Employee from a third party which or who is not obligated under an agreement of confidentiality with respect to such information.

Confidentiality Covenant. Employee covenants and agrees that any and all data, figures, projections, estimates, lists, files, records, documents, manuals or other such materials or information (financial or otherwise) relating to the Company or the Bank and its or their banking business, regulatory examinations, financial results and condition, lending and deposit operations, customers (including lists of the Bank’s customers and information regarding their accounts and business dealings with the Bank), policies and procedures, computer systems and software, shareholders, employees, officers directors and directors employees (herein referred to as “Confidential Information”) are proprietary to the Company and the Bank and are valuable, special and unique assets of the Company’s and the Bank’s business to which Employee will have access during his employment with the Bank. Employee agrees that (i) all such Confidential Information shall be considered and kept as the confidential, private and privileged records and information of the Company and the Bank, and (ii) at all times during the term Term of his employment with the Bank and following the termination of this Agreement or his employment for any reason, and except as shall be required in the course of the performance by Employee of his duties on behalf of the Bank and the Company or otherwise pursuant to the direct, written authorization of the BankBank or the Company, as applicable, Employee will not: divulge any such Confidential Information to any other Person or Financial Institution; remove any such Confidential Information in written or other recorded form from the Bank’s premises; or make any use of any Confidential Information for his own purposes or for the benefit of any Person or Financial Institution other than the BankBank or the Company, as applicable. However, following the termination of Employee’s employment with the Bank, this subparagraph (b) shall not apply to any term Confidential Information which then does not include any information that: (i) at the time of disclosure is in generally known to, or readily ascertainable by, the public; (ii) becomes known to the public domain (provided that Employee was not responsible, directly or indirectly, for permitting such Confidential Information to enter the public domain without the Bank’s or the Company’s consent, as applicable), ; or which (iii) is obtained by Employee from a third party which or who is not obligated under an agreement of confidentiality with respect to such information. Any trade secrets of the Bank or the Company will be entitled to all of the protections and benefits under the North Carolina Trade Secrets Protection Act and any other applicable law. If any information that the Bank or the Company deems to be a trade secret is found by a court of competent jurisdiction not to be a trade secret, such information will, nevertheless, be considered Confidential Information for purposes of this Agreement. Confidential Information encompasses all formats in which information is preserved, whether electronic, print, or any other form, including all originals, copies, notes, or other reproductions or replicas thereof. The restriction in this Paragraph 5(b) will not apply to any information that Employee is required to disclose by law, provided that Employee (i) notifies the Bank and the Company, as applicable, of the existence and terms of such obligation, (ii) gives the Bank and the Company, as applicable, a reasonable opportunity to seek a protective or similar order to prevent or limit such disclosure, and (iii) only discloses that information actually required to be disclosed.

Confidentiality Covenant. Employee covenants and agrees that any and all data, figures, projections, estimates, lists, files, records, documents, manuals or other such materials or information (whether financial or otherwise, and including any files, data or information maintained electronically, on microfiche or otherwise) relating to the Bank and its banking lending and deposit operations and related business, regulatory examinations, financing sources, financial results and condition, lending and deposit operations, customers Customers (including lists of the Bank’s Customers and former customers and information regarding their accounts and business dealings with the The Bank), prospective customers, contemplated acquisitions (whether of business or assets), ideas, methods, marketing investigations, surveys, research, policies and procedures, computer systems and software, shareholders, employees, officers and directors (herein referred to as “Confidential Information”) are confidential and proprietary to the Bank and are valuable, special and unique assets of the Bank’s business which are not directly reproducible from any other source and to which Employee has had access as an officer and employee of the Bank and will have access during his continued employment with the Bank. Employee agrees that (i) all such Confidential Information shall be considered and kept as the confidential, private and privileged records and information of the Bank, and (ii) during the Term of Employment and at all times during the term of his employment with the Bank and following the termination of this Agreement or his employment for any reason, and except as shall be required in the course of the performance by Employee of his duties on behalf of the Bank or otherwise pursuant to the direct, written authorization of the Bank, Employee will not: divulge any such Confidential Information to any other Person or Financial InstitutionPerson; remove any such Confidential Information in written or other recorded form from the Bank’s premises; or make any use of any Confidential Information for his own purposes or for the benefit of any Person or Financial Institution other than the Bank. However, following the termination of Employee’s employment with the Bank, this subparagraph (bParagraph 7(c) shall not apply to any Confidential Information which then is in the public domain (provided that Employee was not responsible, directly or indirectly, for permitting such Confidential Information to enter the public domain without the Bank’s consent), or which is obtained by Employee from a third party which or who is not obligated under an agreement of confidentiality with respect to such informationinformation and who did not acquire such Confidential Information in a manner which constituted a violation of the covenants contained in this Paragraph 7(c) or which otherwise breached any duty of confidentiality. Further, the above obligations of confidentiality shall not prohibit the disclosure of any such Confidential Information by Employee to the extent such disclosure is required by subpoena or order of a court or regulatory authority of competent jurisdiction or to the extent that, in the reasonable opinion of legal counsel to Employee, disclosure otherwise is required by law.

Confidentiality Covenant. Employee covenants and agrees that any and all data, figures, projections, estimates, lists, files, records, documents, manuals or other such materials or information (financial or otherwise) relating to the Bank and its banking business, regulatory examinations, financial results and condition, lending and deposit operations, customers (including lists of the Bank’s customers and information regarding their accounts and business dealings with the Bank), policies and procedures, computer systems and software, shareholders, employees, officers shareholders and directors employees (herein referred to as “Confidential Information”) are proprietary to the Bank and are valuable, special and unique assets of the Bank’s business to which Employee will have access during his his/her employment with the Bank. Employee agrees that (i) all such Confidential Information shall be considered and kept as the confidential, private and privileged records and information of the Bank, and (ii) at all times during the term of his his/her employment with the Bank and following the termination of this Agreement or his his/her employment for any reason, and except as shall be required in the course of the performance by Employee of his his/her duties on behalf of the Bank or otherwise pursuant to the direct, written authorization of the Bank, Employee will not: divulge any such Confidential Information to any other Person or Financial Institution; remove any such Confidential Information in written or other recorded form from the Bank’s premises; or make any use of any Confidential Information for his his/her own purposes or for the benefit of any Person or Financial Institution other than the Bank. However, following the termination of Employee’s employment with the Bank, this subparagraph (b) shall not apply to any Confidential Information which then is in the public domain (provided that Employee was not responsible, directly or indirectly, for permitting such Confidential Information to enter the public domain without the Bank’s consent), or which is obtained by Employee from a third party which or who is not obligated under an agreement of confidentiality with respect to such information.

Confidentiality Covenant. Employee covenants and agrees that any and all data, figures, projections, estimates, lists, files, records, documents, manuals manuals, or other such materials or information (whether financial or otherwise, and including any files, data, or information maintained electronically, on microfiche, or otherwise) relating to the Bank and its banking lending and deposit operations and related business, regulatory examinations, financing sources, financial results and condition, lending and deposit operations, customers Customers (including lists of the Bank’s Customers and former customers and information regarding their accounts and business dealings with the Bank), prospective customers, contemplated acquisitions (whether of business or assets), ideas, methods, marketing investigations, surveys, research, policies and procedures, computer systems and software, shareholders, employees, officers officers, and directors (herein referred to as “Confidential Information”) are confidential and proprietary to the Bank and are valuable, special special, and unique assets of the Bank’s business which are not directly reproducible from any other source and to which Employee will have access during his employment with the Bank. Employee agrees that (i) all such Confidential Information shall be considered and kept as the confidential, private private, and privileged records and information of the Bank, and (ii) during the Term of Employment and at all times during the term of his employment with the Bank and following the termination of this Agreement or his employment for any reason, and except as shall be required in the course of the performance by Employee of his duties on behalf of the Bank or otherwise pursuant to the direct, written authorization of the Bank, Employee will not: divulge any such Confidential Information to any other Person or Financial InstitutionPerson; remove any such Confidential Information in written or other recorded form from the Bank’s premises; or make any use of any Confidential Information for his own purposes or for the benefit of any Person or Financial Institution other than the Bank. However, following the termination of Employee’s employment with the Bank, this subparagraph (bParagraph 7(e) shall not apply to any Confidential Information which then is in the public domain (provided that Employee was not responsible, directly or indirectly, for permitting such Confidential Information to enter the public domain without the Bank’s consent), or which is obtained by Employee from a third party which or who is not obligated under an agreement of confidentiality with respect to such informationinformation and who did not acquire such Confidential Information in a manner which constituted a violation of the covenants contained in this Paragraph 7(e) or which otherwise breached any duty of confidentiality. Further, the above obligations of confidentiality shall not prohibit the disclosure of any such Confidential Information by Employee to the extent such disclosure is required by subpoena or order of a court or regulatory authority of competent jurisdiction or to the extent that, in the reasonable opinion of legal counsel to Employee, disclosure otherwise is required by law; provided Employee gives the Bank prior written notice of any such disclosure so that the Bank may seek to contest such disclosure or seek a protective order.

Confidentiality Covenant. Employee covenants and agrees that any and all data, figures, projections, estimates, lists, files, records, documents, manuals or other such materials or information (financial or otherwise) relating to the Bank and its banking business, regulatory examinations, financial results and condition, lending and deposit operations, customers (including lists of the Bank’s customers and information regarding their accounts and business dealings with the Bank), policies and procedures, computer systems and software, shareholders, employees, officers and directors (herein referred to as “Confidential Information”) are proprietary to the Bank and are valuable, special and unique assets of the Bank’s business to which Employee will have access during his employment with the Bank. Employee agrees that (i) all such Confidential Information shall be considered and kept as the confidential, private and privileged records and information of the Bank, and (ii) at all times during the term of his employment with the Bank and following the termination of this Agreement or his employment for any reason, and except as shall be required in the course of the performance by Employee of his duties on behalf of the Bank or otherwise pursuant to the direct, written authorization of the Bank, Employee will not: divulge any such Confidential Information to any other Person or Financial Institution; remove any such Confidential Information in written or other recorded form from the Bank’s premises; or make any use of any Confidential Information for his own purposes or for the benefit of any Person or Financial Institution other than the Bank. However, following the termination of Employee’s employment with the Bank, this subparagraph (ba) shall not apply to any Confidential Information which then is in the public domain (provided that Employee was not responsible, directly or indirectly, for permitting such Confidential Information to enter the public domain without the Bank’s consent), or which is obtained by Employee from a third party which or who is not obligated under an agreement of confidentiality with respect to such information.

Confidentiality Covenant. Employee covenants and agrees that any and all data, figures, projections, estimates, lists, files, records, documents, manuals or other such materials or information (financial or otherwise) relating to the Company or the Bank and its or their banking business, regulatory examinations, financial results and condition, lending and deposit operations, customers (including lists of the Bank’s customers and information regarding their accounts and business dealings with the Bank), policies and procedures, computer systems and software, shareholders, employees, officers directors and directors employees (herein referred to as “Confidential Information”) are proprietary to the Company and the Bank and are valuable, special and unique assets of the Company’s and the Bank’s business to which Employee will have access during his employment with the Bank. Employee agrees that (i) all such Confidential Information shall be considered and kept as the confidential, private and privileged records and information of the Company and the Bank, and (ii) at all times during the term of his employment with the Bank and following the termination of this Agreement or his employment for any reason, and except as shall be required in the course of the performance by Employee of his duties on behalf of the Bank and the Company or otherwise pursuant to the direct, written authorization of the BankBank or the Company, as applicable, Employee will not: divulge any such Confidential Information to any other Person or Financial Institution; remove any such Confidential Information in written or other recorded form from the Bank’s premises; or make any use of any Confidential Information for his own purposes or for the benefit of any Person or Financial Institution other than the BankBank or the Company, as applicable. However, following the termination of Employee’s employment with the Bank, this subparagraph (b) shall not apply to any term Confidential Information which then does not include any information that: (i) at the time of disclosure is in generally known to, or readily ascertainable by, the public; (ii) becomes known to the public domain (provided that Employee was not responsible, directly or indirectly, for permitting such Confidential Information to enter the public domain without the Bank’s or the Company’s consent, as applicable), ; or which (iii) is obtained by Employee from a third party which or who is not obligated under an agreement of confidentiality with respect to such information. Any trade secrets of the Bank or the Company will be entitled to all of the protections and benefits under the North Carolina Trade Secrets Protection Act and any other applicable law. If any information that the Bank or the Company deems to be a trade secret is found by a court of competent jurisdiction not to be a trade secret, such information will, nevertheless, be considered Confidential Information for purposes of this Agreement. Confidential Information encompasses all formats in which information is preserved, whether electronic, print, or any other form, including all originals, copies, notes, or other reproductions or replicas thereof. The restriction in this Paragraph 5(b) will not apply to any information that Employee is required to disclose by law, provided that Employee (i) notifies the Bank and the Company, as applicable, of the existence and terms of such obligation, (ii) gives the Bank and the Company, as applicable, a reasonable opportunity to seek a protective or similar order to prevent or limit such disclosure, and (iii) only discloses that information actually required to be disclosed. Provided, however, nothing in this Agreement prohibits Employee from reporting possible violations of federal law or regulation to any governmental agency or entity, including but not limited to the Department of Justice, the Securities and Exchange Commission, the Congress, and any agency Inspector General, or making other disclosures that are protected under the whistleblower provisions of federal law or regulation. Employee does not need the prior authorization of the Bank or the Company to make any such reports or disclosures and Employee is not required to notify the Bank or the Company that Employee has made such reports or disclosures.

Confidentiality Covenant. Employee Greenwood covenants and agrees that any and all data, figures, projections, estimates, lists, files, records, documents, manuals or other such materials or information (financial or otherwise) relating to the Bank and its banking business, regulatory examinations, financial results and condition, lending and deposit operations, customers (including lists of the Bank’s 's customers and information regarding their accounts and business dealings with the Bank), policies and procedures, computer systems and software, shareholders, employees, officers and directors (herein referred to as “"Confidential Information”") are proprietary to the Bank and are valuable, special and unique assets of the Bank’s 's business to which Employee Greenwood will have access during his employment with the Bank. Employee Greenwood agrees that (i) all such Confidential Information shall be considered and kept as the confidential, private and privileged records and information of the Bank, and (ii) at all times during the term of his employment with the Bank and following the termination of this Agreement or his employment for any reason, and except as shall be required in the course of the performance by Employee Greenwood of his duties on behalf of the Bank or otherwise pursuant to the direct, written authorization of the Bank, Employee Greenwood will not: divulge any such Confidential Information to any other Person or Financial Institution; remove any such Confidential Information in written or other recorded form from the Bank’s 's premises; or make any use of any Confidential Information for his own purposes or for the benefit of any Person or Financial Institution other than the Bank. However, following the termination of Employee’s Greenwood's employment with the Bank, this subparagraph (b) shall not apply to any Confidential Information which then is in the public domain (provided that Employee Greenwood was not responsible, directly or indirectly, for permitting such Confidential Information to enter the public domain without the Bank’s 's consent), or which is obtained by Employee Greenwood from a third party which or who is not obligated under an agreement of confidentiality with respect to such information.

Confidentiality Covenant. Employee covenants and agrees that any and all data, figures, projections, estimates, lists, files, records, documents, manuals or other such materials or information (financial or otherwise) relating to the Company or the Bank and its or their banking business, regulatory examinations, financial results and condition, lending and deposit operations, customers (including lists of the Bank’s customers and information regarding their accounts and business dealings with the Bank), policies and procedures, computer systems and software, shareholders, employees, officers directors and directors employees (herein referred to as “Confidential Information”) are proprietary to the Company and the Bank and are valuable, special and unique assets of the Company’s and the Bank’s business to which Employee will have access during his her employment with the Bank. Employee agrees that (i) all such Confidential Information shall be considered and kept as the confidential, private and privileged records and information of the Company and the Bank, and (ii) at all times during the term of his her employment with the Bank and following the termination of this Agreement or his her employment for any reason, and except as shall be required in the course of the performance by Employee of his her duties on behalf of the Bank and the Company or otherwise pursuant to the direct, written authorization of the BankBank or the Company, as applicable, Employee will not: divulge any such Confidential Information to any other Person or Financial Institution; remove any such Confidential Information in written or other recorded form from the Bank’s premises; or make any use of any Confidential Information for his her own purposes or for the benefit of any Person or Financial Institution other than the BankBank or the Company, as applicable. However, following the termination of Employee’s employment with the Bank, this subparagraph (b) shall not apply to any term Confidential Information which then does not include any information that: (i) at the time of disclosure is in generally known to, or readily ascertainable by, the public; (ii) becomes known to the public domain (provided that Employee was not responsible, directly or indirectly, for permitting such Confidential Information to enter the public domain without the Bank’s or the Company’s consent, as applicable), ; or which (iii) is obtained by Employee from a third party which or who is not obligated under an agreement of confidentiality with respect to such information. Any trade secrets of the Bank or the Company will be entitled to all of the protections and benefits under the North Carolina Trade Secrets Protection Act and any other applicable law. If any information that the Bank or the Company deems to be a trade secret is found by a court of competent jurisdiction not to be a trade secret, such information will, nevertheless, be considered Confidential Information for purposes of this Agreement. Confidential Information encompasses all formats in which information is preserved, whether electronic, print, or any other form, including all originals, copies, notes, or other reproductions or replicas thereof. The restriction in this Paragraph 5(b) will not apply to any information that Employee is required to disclose by law, provided that Employee (i) notifies the Bank and the Company, as applicable, of the existence and terms of such obligation, (ii) gives the Bank and the Company, as applicable, a reasonable opportunity to seek a protective or similar order to prevent or limit such disclosure, and (iii) only discloses that information actually required to be disclosed.

Confidentiality Covenant. Employee Greenwood covenants and agrees that any and all data, figures, projections, estimates, lists, files, records, documents, manuals or other such materials or information (financial or otherwise) relating to the Bank and its banking business, regulatory examinations, financial results and condition, lending and deposit operations, customers (including lists of the Bank’s customers and information regarding their accounts and business dealings with the Bank), policies and procedures, computer systems and software, shareholders, employees, officers and directors (herein referred to as “Confidential Information”) are proprietary to the Bank and are valuable, special and unique assets of the Bank’s business to which Employee Greenwood will have access during his employment with the Bank. Employee Greenwood agrees that (i) all such Confidential Information shall be considered and kept as the confidential, private and privileged records and information of the Bank, and (ii) at all times during the term of his employment with the Bank and following the termination of this Agreement or his employment for any reason, and except as shall be required in the course of the performance by Employee Greenwood of his duties on behalf of the Bank or otherwise pursuant to the direct, written authorization of the Bank, Employee Greenwood will not: divulge any such Confidential Information to any other Person or Financial Institution; remove any such Confidential Information in written or other recorded form from the Bank’s premises; or make any use of any Confidential Information for his own purposes or for the benefit of any Person or Financial Institution other than the Bank. However, following the termination of EmployeeGreenwood’s employment with the Bank, this subparagraph (b) shall not apply to any Confidential Information which then is in the public domain (provided that Employee Greenwood was not responsible, directly or indirectly, for permitting such Confidential Information to enter the public domain without the Bank’s consent), or which is obtained by Employee Greenwood from a third party which or who is not obligated under an agreement of confidentiality with respect to such information.

Confidentiality Covenant. Employee covenants and agrees that any and all data, figures, projections, estimates, lists, files, records, documents, manuals or other such materials or information (financial or otherwise) relating to the Bank and its banking business, regulatory examinations, financial results and condition, lending and deposit operations, customers (including lists of the Bank’s customers and information regarding their accounts and business dealings with the Bank), policies and procedures, computer systems and software, shareholders, employees, officers and directors (herein referred to as “Confidential Information”) are proprietary to the Bank and are valuable, special and unique assets of the Bank’s business to which Employee will have access during his employment with the Bank. Employee agrees that (i) all such Confidential Information shall be considered and kept as the confidential, private and privileged records and information of the Bank, and (ii) at all times during the term of his employment with the Bank and following the termination of this Agreement or his employment for any reason, and except as shall be required in the course of the performance by Employee of his duties on behalf of the Bank or otherwise pursuant to the direct, written authorization of the Bank, Employee will not: divulge any such Confidential Information to any other Person or Financial Institution; remove any such Confidential Information in written or other recorded form from the Bank’s premises; or make any use of any Confidential Information for his own purposes or for the benefit of any Person or Financial Institution other than the Bank. However, following the termination of Employee’s employment with the Bank, this subparagraph (b) shall not apply to any Confidential Information which then is in the public domain (provided that Employee was not responsible, directly or indirectly, for permitting such Confidential Information to enter the public domain without the Bank’s consent), or which is obtained by Employee from a third party which or who is not obligated under an agreement of confidentiality with respect to such information., or which is divulged by the employee pursuant to judicial or administrative order..

Confidentiality Covenant. Employee Xxxxx covenants and agrees that any and all data, figures, projections, estimates, lists, files, records, documents, manuals or other such materials or information (financial or otherwise) relating to the Bank and its banking business, regulatory examinations, financial results and condition, lending and deposit operations, customers (including lists of the Bank’s customers and information regarding their accounts and business dealings with the Bank), policies and procedures, computer systems and software, shareholders, employees, officers and directors (herein referred to as “Confidential Information”) are proprietary to the Bank and are valuable, special and unique assets of the Bank’s business to which Employee Xxxxx will have access during his employment with the Bank. Employee Xxxxx agrees that (i) all such Confidential Information shall be considered and kept as the confidential, private and privileged records and information of the Bank, and (ii) at all times during the term of his employment with the Bank and following the termination of this Agreement or his employment for any reason, and except as shall be required in the course of the performance by Employee Xxxxx of his duties on behalf of the Bank or otherwise pursuant to the direct, written authorization of the Bank, Employee Xxxxx will not: divulge any such Confidential Information to any other Person or Financial Institution; remove any such Confidential Information in written or other recorded form from the Bank’s premises; or make any use of any Confidential Information for his own purposes or for the benefit of any Person or Financial Institution other than the Bank. However, following the termination of EmployeeSudyk’s employment with the Bank, this subparagraph (b) shall not apply to any Confidential Information which then is in the public domain (provided that Employee Xxxxx was not responsible, directly or indirectly, for permitting such Confidential Information to enter the public domain without the Bank’s consent), or which is obtained by Employee Xxxxx from a third party which or who is not obligated under an agreement of confidentiality with respect to such information.

Confidentiality Covenant. Employee covenants and agrees that any and all data, figures, projections, estimates, lists, files, records, documents, manuals or other such materials or information (financial or otherwise) relating to the Bank and its banking business, regulatory examinations, financial results and condition, lending and deposit operations, customers (including lists of the Bank’s 's customers and information regarding their accounts and business dealings with the Bank), policies and procedures, computer systems and software, shareholders, employees, officers and directors (herein referred to as “"Confidential Information”") are proprietary to the Bank and are valuable, special and unique assets of the Bank’s 's business to which Employee will have access during his employment with the Bank. Employee agrees that (i) all such Confidential Information shall be considered and kept as the confidential, private and privileged records and information of the Bank, and (ii) at all times during the term of his employment with the Bank and following the termination of this Agreement or his employment for any reason, and except (x) as shall be required in the course of the performance by Employee of his duties on behalf of the Bank or otherwise pursuant to the direct, written authorization of the Bank, (y) as required by law, or (z) in connection with Employee's enforcement of the provisions of this Agreement, Employee will not: divulge any such Confidential Information to any other Person or Financial Institution; remove any such Confidential Information in written or other recorded form from the Bank’s 's premises; or make any use of any Confidential Information for his own purposes or for the benefit of any Person or Financial Institution other than the Bank. However, following the termination of Employee’s 's employment with the Bank, this subparagraph (ba) shall not apply to any Confidential Information which then is in the public domain (provided that Employee was not responsible, directly or indirectly, for permitting such Confidential Information to enter the public domain without the Bank’s 's consent), or which is obtained by Employee from a third party which or who is not obligated under an agreement of confidentiality with respect to such information.

Confidentiality Covenant. Employee covenants and ------------------------ agrees that any and all data, figures, projections, estimates, lists, files, records, documents, manuals or other such materials or information (financial or otherwise) relating to the Bank and its banking business, regulatory examinations, financial results and condition, lending and deposit operations, customers (including lists of the Bank’s 's customers and information regarding their accounts and business dealings with the Bank), policies and procedures, computer systems and software, shareholders, employees, officers shareholders and directors employees (herein referred to as “"Confidential Information”") are proprietary to the Bank and are valuable, special and unique assets of the Bank’s 's business to which Employee will have access during his employment with the Bank. Employee agrees that (i) all such Confidential Information shall be considered and kept as the confidential, private and privileged records and information of the Bank, and (ii) at all times during the term of his employment with the Bank and following the termination of this Agreement or his employment for any reason, and except as shall be required in the course of the performance by Employee of his duties on behalf of the Bank or otherwise pursuant to the direct, written authorization of the Bank, Employee will not: divulge any such Confidential Information to any other Person or Financial Institution; remove any such Confidential Information in written or other recorded form from the Bank’s 's premises; or make any use of any Confidential Information for his own purposes or for the benefit of any Person or Financial Institution other than the Bank. However, following the termination of Employee’s 's employment with the Bank, this subparagraph (b) shall not apply to any Confidential Information which then is in the public domain (provided that Employee was not responsible, directly or indirectly, for permitting such Confidential Information to enter the public domain without the Bank’s 's consent), or which is obtained by Employee from a third party which or who is not obligated under an agreement of confidentiality with respect to such information.

Confidentiality Covenant. Employee covenants and agrees that any and all data, figures, projections, estimates, lists, files, records, documents, manuals or other such materials or information (financial or otherwise) relating to the Bank and its banking business, regulatory examinations, financial results and condition, lending and deposit operations, customers (including lists of the Bank’s 's customers and information regarding their accounts and business dealings with the Bank), policies and procedures, computer systems and software, shareholders, employees, officers and directors (herein referred to as “"Confidential Information”") are proprietary to the Bank and are valuable, special and unique assets of the Bank’s 's business to which Employee will have access during his employment with the Bank. Employee agrees that (i) all such Confidential Information shall be considered and kept as the confidential, private and privileged records and information of the Bank, and (ii) at all times during the term of his employment with the Bank and following the termination of this Agreement or his employment for any reason, and except as shall be required in the course of the performance by Employee of his duties on behalf of the Bank or otherwise pursuant to the direct, written authorization of the Bank, Employee will not: divulge any such Confidential Information to any other Person or Financial Institution; remove any such Confidential Information in written or other recorded form from the Bank’s 's premises; or make any use of any Confidential Information for his own purposes or for the benefit of any Person or Financial Institution other than the Bank. However, following the termination of Employee’s 's employment with the Bank, this subparagraph (b) shall not apply to any Confidential Information which then is in the public domain (provided that Employee was not responsible, directly or indirectly, for permitting such Confidential Information to enter the public domain without the Bank’s 's consent), or which is obtained by Employee from a third party which or who is not obligated under an agreement of confidentiality with respect to such information.

Confidentiality Covenant. Employee Xxxxxx covenants and agrees that any and all data, figures, projections, estimates, lists, files, records, documents, manuals or other such materials or information (financial or otherwise) relating to the Bank and its banking business, regulatory examinations, financial results and condition, lending and deposit operations, customers (including lists of the Bank’s customers and information regarding their accounts and business dealings with the Bank), policies and procedures, computer systems and software, shareholders, employees, officers and directors (herein referred to as “Confidential Information”) are proprietary to the Bank and are valuable, special and unique assets of the Bank’s business to which Employee Xxxxxx will have access during his employment with the Bank. Employee Xxxxxx agrees that (i) all such Confidential Information shall be considered and kept as the confidential, private and privileged records and information of the Bank, and (ii) at all times during the term of his employment with the Bank and following the termination of this Agreement or his employment for any reason, and except as shall be required in the course of the performance by Employee Xxxxxx of his duties on behalf of the Bank or otherwise pursuant to the direct, written authorization of the Bank, Employee Xxxxxx will not: divulge any such Confidential Information to any other Person or Financial Institution; remove any such Confidential Information in written or other recorded form from the Bank’s premises; or make any use of any Confidential Information for his own purposes or for the benefit of any Person or Financial Institution other than the Bank. However, following the termination of Employee’s Xxxxxx’x employment with the Bank, this subparagraph (b) shall not apply to any Confidential Information which then is in the public domain (provided that Employee Xxxxxx was not responsible, directly or indirectly, for permitting such Confidential Information to enter the public domain without the Bank’s consent), or which is obtained by Employee Xxxxxx from a third party which or who is not obligated under an agreement of confidentiality with respect to such information.

Confidentiality Covenant. Employee covenants and agrees that any and all data, figures, projections, estimates, lists, files, records, documents, manuals or other such materials or information (financial or otherwise) relating to the Company or the Bank and its or their banking business, regulatory examinations, financial results and condition, lending and deposit operations, customers (including lists of the Bank’s customers and information regarding their accounts and business dealings with the Bank), policies and procedures, computer systems and software, shareholders, employees, officers directors and directors employees (herein referred to as “Confidential Information”) are proprietary to the Company and the Bank and are valuable, special and unique assets of the Company’s and the Bank’s business to which Employee will have access during his employment with the Bank. Employee agrees that (i) all such Confidential Information shall be considered and kept as the confidential, private and privileged records and information of the Company and the Bank, and (ii) at all times during the term of his employment with the Bank and following the termination of this Agreement or his employment for any reason, and except as shall be required in the course of the performance by Employee of his duties on behalf of the Bank and the Company or otherwise pursuant to the direct, written authorization of the BankBank or the Company, as applicable, Employee will not: divulge any such Confidential Information to any other Person or Financial Institution; remove any such Confidential Information in written or other recorded form from the Bank’s premises; or make any use of any Confidential Information for his own purposes or for the benefit of any Person or Financial Institution other than the BankBank or the Company, as applicable. However, following the termination of Employee’s employment with the Bank, this subparagraph (b) shall not apply to any term Confidential Information which then does not include any information that: (i) at the time of disclosure is in generally known to, or readily ascertainable by, the public; (ii) becomes known to the public domain (provided that Employee was not responsible, directly or indirectly, for permitting such Confidential Information to enter the public domain without the Bank’s or the Company’s consent, as applicable), ; or which (iii) is obtained by Employee from a third party which or who is not obligated under an agreement of confidentiality with respect to such information. Any trade secrets of the Bank or the Company will be entitled to all of the protections and benefits under the North Carolina Trade Secrets Protection Act and any other applicable law. If any information that the Bank or the Company deems to be a trade secret is found by a court of competent jurisdiction not to be a trade secret, such information will, nevertheless, be considered Confidential Information for purposes of this Agreement. Confidential Information encompasses all formats in which information is preserved, whether electronic, print, or any other form, including all originals, copies, notes, or other reproductions or replicas thereof. The restriction in this Paragraph 5(b) will not apply to any information that Employee is required to disclose by law, provided that Employee (i) notifies the Bank and the Company, as applicable, of the existence and terms of such obligation, (ii) gives the Bank and the Company, as applicable, a reasonable opportunity to seek a protective or similar order to prevent or limit such disclosure, and (iii) only discloses that information actually required to be disclosed.

Confidentiality Covenant. Employee Xxxx covenants and agrees that any and all data, figures, projections, estimates, lists, files, records, documents, manuals or other such materials or information (financial or otherwise) relating to the Bank and its banking business, regulatory examinations, financial results and condition, lending and deposit operations, customers (including lists of the Bank’s customers and information regarding their accounts and business dealings with the Bank), policies and procedures, computer systems and software, shareholders, employees, officers and directors (herein referred to as “Confidential Information”) are proprietary to the Bank and are valuable, special and unique assets of the Bank’s business to which Employee Xxxx will have access during his employment with the Bank. Employee Xxxx agrees that (i) all such Confidential Information shall be considered and kept as the confidential, private and privileged records and information of the Bank, and (ii) at all times during the term of his employment with the Bank and following the termination of this Agreement or his employment for any reason, and except as shall be required in the course of the performance by Employee Xxxx of his duties on behalf of the Bank or otherwise pursuant to the direct, written authorization of the Bank, Employee Xxxx will not: divulge any such Confidential Information to any other Person or Financial Institution; remove any such Confidential Information in written or other recorded form from the Bank’s premises; or make any use of any Confidential Information for his own purposes or for the benefit of any Person or Financial Institution other than the Bank. However, following the termination of Employee’s Xxxx’x employment with the Bank, this subparagraph (b) shall not apply to any Confidential Information which then is in the public domain (provided that Employee Xxxx was not responsible, directly or indirectly, for permitting such Confidential Information to enter the public domain without the Bank’s consent), or which is obtained by Employee Xxxx from a third party which or who is not obligated under an agreement of confidentiality with respect to such information.

Confidentiality Covenant. Employee Executive covenants and agrees that any and all data, figures, projections, estimates, lists, files, records, documents, manuals or other such materials or information (financial or otherwise) relating to the Bank and its banking business, regulatory examinations, financial results and condition, lending and deposit operations, customers (including lists of the Bank’s 's customers and information regarding their accounts and business dealings with the Bank), policies and procedures, computer systems and software, shareholders, employees, officers and directors (herein referred to as “"Confidential Information”") are proprietary to the Bank and are valuable, special and unique assets of the Bank’s 's business to which Employee Executive will have access during his employment with the Bank. Employee Executive agrees that (i) all such Confidential Information shall be considered and kept as the confidential, private and privileged records and information of the Bank, and (ii) at all times during the term of his employment Employment Period with the Bank and following the termination of this Agreement or his employment for any reason, and except as shall be required in the course of the performance by Employee Executive of his duties on behalf of the Bank or otherwise pursuant to the direct, written authorization of the Bank, Employee Executive will not: not divulge any such Confidential Information to any other Person or Financial Institution; remove any such Confidential Information in written or other recorded form from the Bank’s 's premises; or make any use of any Confidential Information for his own purposes or for the benefit of any Person or Financial Institution other than the Bank. However, following the termination of Employee’s Executive's employment with the Bank, this subparagraph (ba) shall not apply to any Confidential Information which then is in the public domain (provided that Employee Executive was not responsible, directly or indirectly, for permitting such Confidential Information to enter the public domain without the Bank’s 's consent), or which is obtained by Employee Executive from a third party which or who is not obligated under an agreement of confidentiality with respect to such information.

Confidentiality Covenant. Employee covenants and agrees that any ------------------------ and all data, figures, projections, estimates, lists, files, records, documents, manuals or other such materials or information (whether financial or otherwise, and including any files, data or information maintained electronically, on microfiche or otherwise) relating to the Bank FSB or FCB and its banking businesstheir respective lending and deposit operations and related businesses, regulatory examinations, financing sources, financial results and condition, lending and deposit operations, customers Customers (including lists of the Bank’s Customers and former customers and information regarding their accounts and business dealings with the BankFSB or FCB), prospective customers, contemplated acquisitions (whether of business or assets), ideas, methods, marketing investigations, surveys, research, policies and procedures, computer systems and software, shareholders, employees, officers and directors (herein referred to as “"Confidential Information”") are confidential and proprietary to the Bank FCB and are valuable, special and unique assets of the Bank’s FCB's business which are not directly reproducible from any other source and to which Employee has had access as an officer and employee of FSB and will have access during his employment with the BankFCB. Employee agrees that (iI) all such Confidential Information shall be considered and kept as the confidential, private and privileged records and information of the BankFCB, and (iiII) during the Term of Employment and at all times during the term of his employment with the Bank and following the termination of this Agreement or his employment for any reason, and except as shall be required in the course of the performance by Employee of his duties on behalf of the Bank FCB or otherwise pursuant to the direct, written authorization of the BankFCB, Employee will not: divulge any such Confidential Information to any other Person or Financial InstitutionPerson; remove any such Confidential Information in written or other recorded form from the Bank’s FCB's premises; or make any use of any Confidential Information for his own purposes or for the benefit of any Person or Financial Institution other than the BankFCB. However, following the termination of Employee’s 's employment with the BankFCB, this subparagraph (bParagraph 7(c) shall not apply to any Confidential Information which then is in the public domain (provided that Employee was not responsible, directly or indirectly, for permitting such Confidential Information to enter the public domain without the Bank’s FCB's consent), or which is obtained by Employee from a third party which or who is not obligated under an agreement of confidentiality with respect to such informationinformation and who did not acquire such Confidential Information in a manner which constituted a violation of the covenants contained in this Paragraph 7(c) or which otherwise breached any duty of confidentiality. Notwithstanding anything contained in the preceding paragraph to the contrary, the above obligations of confidentiality shall not prohibit the disclosure of any such Confidential Information by Employee to the extent (I) such information is then available generally to the public or is already known to the person or entity to whom disclosure is proposed to be made (other than through the previous actions of Employee in violation of this Paragraph 7(c), (II) such information was available to Employee other than in connection with or pursuant to his employment with FSB or FCB, (III) disclosure is required by subpoena or order of a court or regulatory authority of competent jurisdiction, or (IV) to the extent that, in the reasonable opinion of legal counsel to Employee, disclosure otherwise is required by law.

Confidentiality Covenant. Employee covenants and agrees that any and all data, figures, projections, estimates, lists, files, records, documents, manuals or other such materials or information (financial or otherwise) relating to the Bank and its banking business, regulatory examinations, financial results and condition, lending and deposit operations, customers (including lists of the Bank’s 's customers and information regarding their accounts and business dealings with the Bank), policies and procedures, computer systems and software, shareholders, employees, officers and directors (herein referred to as “"Confidential Information”") are proprietary to the Bank and are valuable, special and unique assets of the Bank’s 's business to which Employee will have access during his employment with the Bank. Employee agrees that (i) all such Confidential Information shall be considered and kept as the confidential, private and privileged records and information of the Bank, and (ii) at all times during the term of his employment with the Bank and following the termination of this Agreement or his employment for any reason, and except as shall be required in the course of the performance by Employee of his duties on behalf of the Bank or otherwise pursuant to the direct, written authorization of the Bank, Employee will not: divulge any such Confidential Information to any other Person or Financial Institution; remove any such Confidential Information in written or other recorded form from the Bank’s 's premises; or make any use of any Confidential Information for his own purposes or for the benefit of any Person or Financial Institution other than the Bank. However, following the termination of Employee’s 's employment with the Bank, this subparagraph (ba) shall not apply to any Confidential Information which then is in the public domain (provided that Employee was not responsible, directly or indirectly, for permitting such Confidential Information to enter the public domain without the Bank’s 's consent), or which is obtained by Employee from a third party which or who is not obligated under an agreement of confidentiality with respect to such information.

Confidentiality Covenant. Employee Xxxxxxx covenants and agrees that any and all data, figures, projections, estimates, lists, files, records, documents, manuals or other such materials or information (financial or otherwise) relating to the Bank and its banking business, regulatory examinations, financial results and condition, lending and deposit operations, customers (including lists of the Bank’s 's customers and information regarding their accounts and business dealings with the Bank), policies and procedures, computer systems and software, shareholders, employees, officers and directors (herein referred to as “"Confidential Information”") are proprietary to the Bank and are valuable, special and unique assets of the Bank’s 's business to which Employee Xxxxxxx will have access during his employment with the Bank. Employee Xxxxxxx agrees that (i) all such Confidential Information shall be considered and kept as the confidential, private and privileged records and information of the Bank, and (ii) at all times during the term of his employment with the Bank and following the termination of this Agreement or his employment for any reason, and except as shall be required in the course of the performance by Employee Xxxxxxx of his duties on behalf of the Bank or otherwise pursuant to the direct, written authorization of the Bank, Employee Xxxxxxx will not: divulge any such Confidential Information to any other Person or Financial Institution; remove any such Confidential Information in written or other recorded form from the Bank’s 's premises; or make any use of any Confidential Information for his own purposes or for the benefit of any Person or Financial Institution other than the Bank. However, following the termination of Employee’s Xxxxxxx'x employment with the Bank, this subparagraph (b) shall not apply to any Confidential Information which then is in the public domain (provided that Employee Xxxxxxx was not responsible, directly or indirectly, for permitting such Confidential Information to enter the public domain without the Bank’s 's consent), or which is obtained by Employee Xxxxxxx from a third party which or who is not obligated under an agreement of confidentiality with respect to such information.

Confidentiality Covenant. Employee Officer covenants and agrees that any and all data, figures, projections, estimates, lists, files, records, documents, manuals or other such materials or information (financial or otherwise) relating to the Bank and its banking business, regulatory examinations, financial results and condition, lending and deposit operations, customers (including lists of the Bank’s customers and information regarding their accounts and business dealings with the Bank), policies and procedures, computer systems and software, shareholders, employees, officers and directors (herein referred to as “Confidential Information”) are proprietary to the Bank and are valuable, special and unique assets of the Bank’s business to which Employee Officer will have access during his employment with the Bank. Employee Officer agrees that (i) all such Confidential Information shall be considered and kept as the confidential, private and privileged records and information of the Bank, and (ii) at all times during the term of his employment with the Bank and following the termination of this Agreement or his employment for any reason, and except as shall be required in the course of the performance by Employee Officer of his duties on behalf of the Bank or otherwise pursuant to the direct, written authorization of the Bank, Employee Officer will not: divulge any such Confidential Information to any other Person or Financial Institution; remove any such Confidential Information in written or other recorded form from the Bank’s premises; or make any use of any Confidential Information for his own purposes or for the benefit of any Person or Financial Institution other than the Bank. However, following the termination of EmployeeOfficer’s employment with the Bank, this subparagraph (b) shall not apply to any Confidential Information which then is in the public domain (provided that Employee Officer was not responsible, directly or indirectly, for permitting such Confidential Information to enter the public domain without the Bank’s consent), or which is obtained by Employee Officer from a third party which or who is not obligated under an agreement of confidentiality with respect to such information.

Confidentiality Covenant. Employee covenants and agrees that any and all data, figures, projections, estimates, lists, files, records, documents, manuals or other such materials or information (whether financial or otherwise, and including any files data or information maintained electronically, on microfiche or otherwise) relating to the Bank Triad or UCB and its banking businesstheir respective lending and deposit operations and related businesses, regulatory examinations, financing sources, financial results and condition, lending and deposit operations, customers Customers (including lists of the Bank’s Customers and former customers and information regarding their accounts and business dealings with the BankTriad or UCB), prospective customers, contemplated acquisitions (whether of business or assets), ideas, methods, marketing investigations, surveys, research, policies and procedures, computer systems and software, shareholders, employees, officers and directors (herein referred to as “"Confidential Information”") are confidential and proprietary to the Bank UCB and are valuable, special and unique assets of the Bank’s UCB's business which are not directly reproducible from any other source and to which Employee has had access as an officer and employee of Triad and will have access during his employment with the BankUCB. Employee agrees that (i) all such Confidential Information shall be considered and kept as the confidential, private and privileged records and information of the BankUCB, and (ii) during the Term of Employment and at all times during the term of his employment with the Bank and following the termination of this Agreement or his employment for any reason, and except as shall be required in the course of the performance by Employee of his duties on behalf of the Bank UCB or otherwise pursuant to the direct, written authorization of the BankUCB, Employee will not: divulge any such Confidential Information to any other Person or Financial InstitutionPerson; remove any such Confidential Information in written or other recorded form from the Bank’s UCB's premises; or make any use of any Confidential Information for his own purposes or for the benefit of any Person or Financial Institution other than the BankUCB. However, following the termination of Employee’s 's employment with the BankUCB, this subparagraph (bParagraph 6(c) shall not apply to any Confidential Information which then is in the public domain (provided that Employee was not responsible, directly or indirectly, for permitting such Confidential Information to enter the public domain without the Bank’s UCB's consent), which Employee is required to disclose to any governmental authority having jurisdiction over UCB, its attorneys or accountants, or which is obtained by Employee from a third party which or who is not obligated under an agreement of confidentiality with respect to such informationinformation and who did not acquire such Confidential Information in a manner which constituted a violation of the covenants contained in this Paragraph 6(c) or which otherwise breached any duty of confidentiality.

Confidentiality Covenant. Employee Xxxxxxxx covenants and agrees that any and all data, figures, projections, estimates, lists, files, records, documents, manuals or other such materials or information (financial or otherwise) relating to the Bank and its banking business, regulatory examinations, financial results and condition, lending and deposit operations, customers (including lists of the Bank’s customers and information regarding their accounts and business dealings with the Bank), policies and procedures, computer systems and software, shareholders, employees, officers and directors (herein referred to as “Confidential Information”) are proprietary to the Bank and are valuable, special and unique assets of the Bank’s business to which Employee Xxxxxxxx will have access during his employment with the Bank. Employee Xxxxxxxx agrees that (i) all such Confidential Information shall be considered and kept as the confidential, private and privileged records and information of the Bank, and (ii) at all times during the term of his employment with the Bank and following the termination of this Agreement or his employment for any reason, and except as shall be required in the course of the performance by Employee Xxxxxxxx of his duties on behalf of the Bank or otherwise pursuant to the direct, written authorization of the Bank, Employee Xxxxxxxx will not: divulge any such Confidential Information to any other Person or Financial Institution; remove any such Confidential Information in written or other recorded form from the Bank’s premises; or make any use of any Confidential Information for his own purposes or for the benefit of any Person or Financial Institution other than the Bank. However, following the termination of Employee’s Xxxxxxxx’x employment with the Bank, this subparagraph (b) shall not apply to any Confidential Information which then is in the public domain (provided that Employee Xxxxxxxx was not responsible, directly or indirectly, for permitting such Confidential Information to enter the public domain without the Bank’s consent), or which is obtained by Employee Xxxxxxxx from a third party which or who is not obligated under an agreement of confidentiality with respect to such information.

Confidentiality Covenant. Employee Helton covenants and agrees that any and all data, figures, projectionsprojectioxx, estimatesxxtimates, lists, files, records, documents, manuals or other such materials or information (financial or otherwise) relating to the Bank and its banking business, regulatory examinations, financial results and condition, lending and deposit operations, customers (including lists of the Bank’s 's customers and information regarding their accounts and business dealings with the Bank), policies and procedures, computer systems and software, shareholders, employees, officers and directors (herein referred to as “"Confidential Information”") are proprietary to the Bank and are valuable, special and unique assets of the Bank’s 's business to which Employee Helton will have access during his employment with the Bank. Employee agrees Helton axxxxx that (i) all such Confidential Information shall be considered conxxxxxxd and kept as the confidential, private and privileged records and information of the Bank, and (ii) at all times during the term of his employment with the Bank and following the termination of this Agreement or his employment for any reason, and except as shall be required in the course of the performance by Employee Helton of his duties on behalf of the Bank or otherwise pursuant to the directtxx xxxect, written authorization of the Bank, Employee Helton will not: divulge any such Confidential Information to any other Person othxx Xxxson or Financial Institution; remove any such Confidential Information in written or other recorded form from the Bank’s 's premises; or make any use of any Confidential Information for his own purposes or for the benefit of any Person or Financial Institution other than the Bank. However, following the termination of Employee’s Helton's employment with the Bank, this subparagraph (b) shall not apply to any apxxx xx xny Confidential Information which then is in the public domain (provided that Employee Helton was not responsible, directly or indirectly, for permitting such Confidential suxx Xxxfidential Information to enter the public domain without the Bank’s 's consent), or which is obtained by Employee Helton from a third party which or who is not obligated under an agreement agrexxxxx of confidentiality with respect to such information.

Confidentiality Covenant. Employee covenants and agrees that any ------------------------ and all data, figures, projections, estimates, lists, files, records, documents, manuals or other such materials or information (whether financial or otherwise, and including any files, data or information maintained electronically, on microfiche or otherwise) relating to the Bank Employer and its banking businesslending and deposit operations and related businesses, regulatory examinations, financing sources, financial results and condition, lending and deposit operations, customers Customers (including lists of the Bank’s Customers and former customers and information regarding their accounts and business dealings with the BankEmployer), prospective customers, contemplated acquisitions (whether of business or assets), ideas, methods, marketing investigations, surveys, research, policies and procedures, computer systems and software, shareholders, employees, officers and directors (herein referred to as “"Confidential Information”") are confidential and proprietary to the Bank Employer and are valuable, special and unique assets of the Bank’s Employer's business which are not directly reproducible from any other source and to which Employee will have access during his employment with the BankEmployer. Employee agrees that (i) all such Confidential Information shall be considered and kept as the confidential, private and privileged records and information of the BankEmployer, and (ii) during the Term of Employment and at all times during the term of his employment with the Bank and following the termination of this Agreement or his employment for any reason, and except as shall be required in the course of the performance by Employee of his duties on behalf of the Bank Employer or otherwise pursuant to the direct, written authorization of the BankEmployer, Employee will not: divulge any such Confidential Information to any other Person or Financial InstitutionPerson; remove any such Confidential Information in written or other recorded form from the Bank’s Employer's premises; or make any use of any Confidential Information for his own purposes or for the benefit of any Person or Financial Institution other than the BankEmployer. However, following the termination of Employee’s 's employment with the BankEmployer, this subparagraph (bParagraph 7(c) shall not apply to any Confidential Information which then is in the public domain (provided that Employee was not responsible, directly or indirectly, for permitting such Confidential Information to enter the public domain without the Bank’s Employer's consent), or which is obtained by Employee from a third party which or who is not obligated under an agreement of confidentiality with respect to such informationinformation and who did not acquire such Confidential Information in a manner which constituted a violation of the covenants contained in this Paragraph 7(c) or which otherwise breached any duty of confidentiality.

Confidentiality Covenant. Employee Officer covenants and agrees that any and all data, figures, projections, estimates, lists, files, records, documents, manuals or other such materials or information (financial or otherwise) relating to the Bank and its banking business, regulatory examinations, financial results and condition, lending and deposit operations, customers (including lists of the Bank’s customers and information regarding their accounts and business dealings with the Bank), policies and procedures, computer systems and software, shareholders, employees, officers shareholders and directors employees (herein referred to as “Confidential Information”) are proprietary to the Bank and are valuable, special and unique assets of the Bank’s business to which Employee Officer will have access during his employment with the Company and the Bank. Employee Officer agrees that (i) all such Confidential Information shall be considered and kept as the confidential, private and privileged records and information of the Company and the Bank, and (ii) at all times during the term of his employment with the Company and the Bank and following the termination of this Agreement or his employment for any reason, and except as shall be required in the course of the performance by Employee Officer of his duties on behalf of the Bank or otherwise pursuant to the direct, written authorization of the Company or the Bank, Employee Officer will not: divulge any such Confidential Information to any other Person or Financial Institution; remove any such Confidential Information in written or other recorded form from the Bank’s premises; or make any use of any Confidential Information for his own purposes or for the benefit of any Person or Financial Institution other than the Bank. However, following the termination of EmployeeOfficer’s employment with the Bankemployment, this subparagraph (b) shall not apply to any Confidential Information which then is in the public domain (provided that Employee Officer was not responsible, directly or indirectly, for permitting such Confidential Information to enter the public domain without the Bank’s or the Company’s consent), or which is obtained by Employee Officer from a third party which or who is not obligated under an agreement of confidentiality with respect to such information.

Confidentiality Covenant. Employee Xxxxx covenants and agrees that any and all data, figures, projections, estimates, lists, files, records, documents, manuals or other such materials or information (financial or otherwise) relating to the Bank and its banking business, regulatory examinations, financial results and condition, lending and deposit operations, customers (including lists of the Bank’s customers and information regarding their accounts and business dealings with the Bank), policies and procedures, computer systems and software, shareholders, employees, officers and directors (herein referred to as “Confidential Information”) are proprietary to the Bank and are valuable, special and unique assets of the Bank’s business to which Employee Xxxxx will have access during his employment with the Bank. Employee Xxxxx agrees that (i) all such Confidential Information shall be considered and kept as the confidential, private and privileged records and information of the Bank, and (ii) at all times during the term of his employment with the Bank and following the termination of this Agreement or his employment for any reason, and except as shall be required in the course of the performance by Employee Xxxxx of his duties on behalf of the Bank or otherwise pursuant to the direct, written authorization of the Bank, Employee Xxxxx will not: divulge any such Confidential Information to any other Person or Financial Institution; remove any such Confidential Information in written or other recorded form from the Bank’s premises; or make any use of any Confidential Information for his own purposes or for the benefit of any Person or Financial Institution other than the Bank. However, following the termination of Employee’s Xxxxx’x employment with the Bank, this subparagraph (b) shall not apply to any Confidential Information which then is in the public domain (provided that Employee Xxxxx was not responsible, directly or indirectly, for permitting such Confidential Information to enter the public domain without the Bank’s consent), or which is obtained by Employee Xxxxx from a third party which or who is not obligated under an agreement of confidentiality with respect to such information.