Confidentiality Inventions. a. Barry recognizes that the services to be performed by him xxx xxxxxxx, unique and extraordinary in that, by reason of his employment under this Agreement, he may acquire or has acquired confidential information and trade secrets concerning the operation of the Company, its predecessors, and/or its affiliates, the use or disclosure of which could cause the Company, or its affiliates substantial loss and damages which could not be readily calculated and for which no remedy at law would be adequate. Accordingly, Barry covenants and agrees with the Company that he will not, dirxxxxx or indirectly, at any time during the term of this Agreement or thereafter, except in the performance of his obligations to the Company or with the prior written consent of the Board of Directors or as otherwise required by court order, subpoena or other government process, directly or indirectly, disclose any secret or confidential information that he may learn or has learned by reason of his association with the Company. If Barry shall be required to make such disclosure pursuant to court xxxxx, subpoena or other government process, he shall notify the Company of the same, by personal delivery or electronic means, confirmed by mail, within 24 hours of learning of such court order, subpoena or other government process and, at the Company's expense, shall (i) take all reasonably necessary and lawful steps required by the Company to defend against the enforcement of such subpoena, court order or government process, and (ii) permit the Company to intervene and participate with counsel of its choice in any proceeding relating to the enforcement thereof. The term "confidential information" includes, without limitation, information not in the public domain and not previously disclosed to the public or to the trade by the Company's management with respect to the Company's or its affiliates' facilities and methods, studies, surveys, analyses, sketches, drawings, notes, records, software, computer-stored or disk-stored information, processes, techniques, research data, marketing and sales information, personnel data, trade secrets and other intellectual property, designs, design concepts, manuals, confidential reports, supplier names and pricing, customer names and prices paid, financial information or business plans. b. Barry confirms that all confidential information is and xxxxx xxxxxx the exclusive property of the Company. All memoranda, notes, reports, software, sketches, photographs, drawings, plans, business records, papers or other documents or computer-stored or disk-stored information kept or made by Barry relating to the business of the Company shall be and will rexxxx the sole and exclusive property of the Company and shall be promptly delivered and returned to the Company immediately upon the termination of his employment with the Company. c. Barry shall make full and prompt disclosure to the Comxxxx xx xxx xxventions, improvements, ideas, concepts, discoveries, methods, developments, software and works of authorship, whether or not copyrightable, trademarkable or licensable, which are created, made, conceived or reduced to practice by Barry for the Company during his services with the Company, whethxx xx not during normal working hours or on the premises of the Company (all of which are collectively referred to in this Agreement as "Developments"). All Developments shall be the sole property of the Company, and Barry hereby assigns to the Company, without further compensatxxx, all of his rights, title and interests in and to the Developments and any and all related patents, patent applications, copyrights, copyright applications, trademarks and tradenames in the United States and elsewhere. d. Barry shall assist the Company in obtaining, maixxxxxxxx xxx xnforcing patent, copyright and other forms of legal protection for intellectual property in any country. Upon the request of the Company, Barry shall sign all applications, assignments, instruments and paxxxx and perform all acts necessary or desired by the Company in order to protect its rights and interests in any Developments. e. Barry agrees that any breach of this paragraph 9 will cauxx xxxxxxxxxxe damage to the Company and that, in the event of such breach, the Company will have, in addition to any and all remedies of law, including rights which the Company may have to damages, the right to equitable relief including, as appropriate, all injunctive relief or specific performance or other equitable relief. Barry understands and agrees that the rights and obligations xxx xorth in paragraph 9 shall survive the termination or expiration of this Agreement.
Appears in 1 contract
Samples: Employment Agreement (Bluefly Inc)
Confidentiality Inventions. a. Barry Erdos recognizes that the services to be performed by him xxx xxxxxxxare spexxxx, unique xxique and extraordinary in that, by reason of his employment under this Agreement, he may acquire or has acquired confidential information and trade secrets concerning the operation of the Company, its predecessors, and/or its affiliates, the use or disclosure of which could cause the Company, or its affiliates substantial loss and damages which could not be readily calculated and for which no remedy at law would be adequate. Accordingly, Barry Erdos covenants and agrees with the Company that he will not, dirxxxxx or directxx xx indirectly, at any time during the term of this Agreement or thereafter, except in the performance of his obligations to the Company or with the prior written consent of the Board of Directors or as otherwise required by court order, subpoena or other government process, directly or indirectly, disclose any secret or confidential information that he may learn or has learned by reason of his association with the Company. If Barry Erdos shall be required to make such disclosure pursuant to court xxxxxorxxx, subpoena or other government process, he shall notify the Company of the same, by personal delivery or electronic means, confirmed by mail, within 24 hours of learning of such court order, subpoena or other government process and, at the Company's expense, shall (i) take all reasonably necessary and lawful steps required by the Company to defend against the enforcement of such subpoena, court order or government process, and (ii) permit the Company to intervene and participate with counsel of its choice in any proceeding relating to the enforcement thereof. The term "confidential information" includes, without limitation, information not in the public domain and not previously disclosed to the public or to the trade by the Company's management with respect to the Company's or its affiliates' facilities and methods, studies, surveys, analyses, sketches, drawings, notes, records, software, computer-stored or disk-stored information, processes, techniques, research data, marketing and sales information, personnel data, trade secrets and other intellectual property, designs, design concepts, manuals, confidential reports, supplier names and pricing, customer names and prices paid, financial information or business plans.
b. Barry Erdos confirms that all confidential information is and xxxxx xxxxxx the shall remxxx xxx exclusive property of the Company. All memoranda, notes, reports, software, sketches, photographs, drawings, plans, business records, papers or other documents or computer-stored or disk-stored information kept or made by Barry Erdos relating to the business of the Company shall be and will rexxxx the remaxx xxe sole and exclusive property of the Company and shall be promptly delivered and returned to the Company immediately upon the termination of his employment with the Company.
c. Barry Erdos shall make full and prompt disclosure to the Comxxxx xx xxx xxventionsCompany of all xxxxxxxons, improvements, ideas, concepts, discoveries, methods, developments, software and works of authorship, whether or not copyrightable, trademarkable or licensable, which are created, made, conceived or reduced to practice by Barry Erdos for the Company during his services with the Company, whethxx whether xx not xxt during normal working hours or on the premises of the Company (all of which are collectively referred to in this Agreement as "Developments"). All Developments shall be the sole property of the Company, and Barry Erdos hereby assigns to the Company, without further compensatxxxcompensation, all of axx xx his rights, title and interests in and to the Developments and any and all related patents, patent applications, copyrights, copyright applications, trademarks and tradenames in the United States and elsewhere.
d. Barry Erdos shall assist the Company in obtaining, maixxxxxxxx xxx xnforcing patentmaintaining and enfoxxxxx xxtent, copyright and other forms of legal protection for intellectual property in any country. Upon the request of the Company, Barry Erdos shall sign all applications, assignments, instruments and paxxxx and papexx xxd perform all acts necessary or desired by the Company in order to protect its rights and interests in any Developments.
e. Barry Erdos agrees that any breach of this paragraph 9 will cauxx xxxxxxxxxxe damage cause irrepxxxxxx xamage to the Company and that, in the event of such breach, the Company will have, in addition to any and all remedies of law, including rights which the Company may have to damages, the right to equitable relief including, as appropriate, all injunctive relief or specific performance or other equitable relief. Barry Erdos understands and agrees that the rights and obligations xxx xorth in set forxx xx paragraph 9 shall survive the termination or expiration of this Agreement.
Appears in 1 contract
Samples: Employment Agreement (Bluefly Inc)
Confidentiality Inventions. a. Barry Morris recognizes that the services to be performed by him xxx arx xxxxxxx, unique xnique and extraordinary in that, by reason of his employment under this Agreement, he may acquire or has acquired confidential information and trade secrets concerning the operation of the Company, its predecessors, and/or its affiliates, the use or disclosure of which could cause the Company, or its affiliates substantial loss and damages which could not be readily calculated and for which no remedy at law would be adequate. Accordingly, Barry Morris covenants and agrees with the Company that he will not, dirxxxxx or direxxxx xr indirectly, at any time during the term of this Agreement or thereafter, except in the performance of his obligations to the Company or with the prior written consent of the Board of Directors or as otherwise required by court order, subpoena or other government process, directly or indirectly, disclose any secret or confidential information that he may learn or has learned by reason of his association with the Company. If Barry Morris shall be required to make such disclosure pursuant to court xxxxx, subpoena or other government process, he shall notify the Company of the same, by personal delivery or electronic means, confirmed by mail, within 24 twenty-four (24) hours of learning of such court order, subpoena or other government process and, at the Company's expense, shall (i) take all reasonably necessary and lawful steps required by the Company to defend against the enforcement of such subpoena, court order or government process, and (ii) permit the Company to intervene and participate with counsel of its choice in any proceeding relating to the enforcement thereof. The term "confidential information" includes, without limitation, information not in the public domain and not previously disclosed to the public or to the trade by the Company's management with respect to the Company's or its affiliates' facilities and methods, studies, surveys, analyses, sketches, drawings, notes, records, software, computer-stored or disk-stored information, processes, techniques, research data, marketing and sales information, personnel data, trade secrets and other intellectual property, designs, design concepts, manuals, confidential reports, supplier names and pricing, customer names and prices paid, financial information or business plans.
b. Barry Morris confirms that all confidential information is and xxxxx shalx xxxxxx the xxx exclusive property of the Company. All memoranda, notes, reports, software, sketches, photographs, drawings, plans, business records, papers or other documents or computer-stored or disk-stored information kept or made by Barry Morris relating to the business of the Company shall be and will rexxxx the xhe sole and exclusive property of the Company and shall be promptly delivered and returned to the Company immediately upon the termination of his employment with the Company.
c. Barry Morris shall make full and prompt disclosure to the Comxxxx xx Company ox xxx xxventionsxxxxxxions, improvements, ideas, concepts, discoveries, methods, developments, software and works of authorship, whether or not copyrightable, trademarkable or licensable, which are created, made, conceived or reduced to practice by Barry Morris for the Company during his services with the Company, whethxx whethex xx not xot during normal working hours or on the premises of the Company (all of which are collectively referred to in this Agreement as "Developments"). All Developments shall be the sole property of the Company, and Barry Morris hereby assigns to the Company, without further compensatxxxcompensation, all of xxx xf his rights, title and interests in and to the Developments and any and all related patents, patent applications, copyrights, copyright applications, trademarks and tradenames in the United States and elsewhere.
d. Barry Morris shall assist the Company in obtaining, maixxxxxxxx xxx xnforcing patentmaintaining and xxxxxxxxx xatent, copyright and other forms of legal protection for intellectual property in any country. Upon the request of the Company, Barry Morris shall sign all applications, assignments, instruments and paxxxx and xnd perform all acts necessary or desired by the Company in order to protect its rights and interests in any Developments.
e. Barry Morris agrees that any breach of this paragraph 9 will cauxx xxxxxxxxxxe cause ixxxxxxxxxx damage to the Company and that, in the event of such breach, the Company will have, in addition to any and all remedies of law, including rights which the Company may have to damages, the right to equitable relief including, as appropriate, all injunctive relief or specific performance or other equitable relief. Barry Morris understands and agrees that the rights and obligations xxx xorth in set fxxxx xn paragraph 9 shall survive the termination or expiration of this Agreement.
Appears in 1 contract
Samples: Employment Agreement (Bluefly Inc)
Confidentiality Inventions. a. Barry Erdos recognizes that the services to be performed by him xxx xxxxxxxare spexxxx, unique xxique and extraordinary in that, by reason of his employment under this Agreement, he may acquire or has acquired confidential information and trade secrets concerning the operation of the Company, its predecessors, and/or its affiliates, the use or disclosure of which could cause the Company, or its affiliates substantial loss and damages which could not be readily calculated and for which no remedy at law would be adequate. Accordingly, Barry Erdos covenants and agrees with the Company that he will not, dirxxxxx or directxx xx indirectly, at any time during the term of this Agreement Remaining Term or thereafter, except in the performance of his obligations to the Company or with the prior written consent of the Board of Directors or as otherwise required by court order, subpoena or other government process, directly or indirectly, disclose any secret or confidential information that he may learn or has learned by reason of his association with the Company. If Barry Erdos shall be required to make such disclosure pursuant to court xxxxxorxxx, subpoena or other government process, he shall notify the Company of the same, by personal delivery or electronic means, confirmed by mail, within 24 hours of learning of such court order, subpoena or other government process and, at the Company's expense, shall (i) take all reasonably necessary and lawful steps required by the Company to defend against the enforcement of such subpoena, court order or government process, and (ii) permit the Company to intervene and participate with counsel of its choice in any proceeding relating to the enforcement thereof. The term "confidential information" includes, without limitation, information not in the public domain and not previously disclosed to the public or to the trade by the Company's management with respect to the Company's or its affiliates' facilities and methods, studies, surveys, analyses, sketches, drawings, notes, records, software, computer-stored or disk-stored information, processes, techniques, research data, -5- marketing and sales information, personnel data, trade secrets and other intellectual property, designs, design concepts, manuals, confidential reports, supplier names and pricing, customer names and prices paid, financial information or business plans.
b. Barry Erdos confirms that all confidential information is and xxxxx xxxxxx the shall remxxx xxx exclusive property of the Company. All memoranda, notes, reports, software, sketches, photographs, drawings, plans, business records, papers or other documents or computer-stored or disk-stored information kept or made by Barry Erdos relating to the business of the Company shall be and will rexxxx the remaxx xxe sole and exclusive property of the Company and shall be promptly delivered and returned to the Company immediately upon the termination of his employment with the Company.
c. Barry Erdos shall make full and prompt disclosure to the Comxxxx xx xxx xxventionsCompany of all xxxxxxxons, improvements, ideas, concepts, discoveries, methods, developments, software and works of authorship, whether or not copyrightable, trademarkable or licensable, which are created, made, conceived or reduced to practice by Barry Erdos for the Company during his services with the Company, whethxx whether xx not xxt during normal working hours or on the premises of the Company (all of which are collectively referred to in this Agreement as "Developments"). All Developments shall be the sole property of the Company, and Barry Erdos hereby assigns to the Company, without further compensatxxxcompensation, all of axx xx his rights, title and interests in and to the Developments and any and all related patents, patent applications, copyrights, copyright applications, trademarks and tradenames in the United States and elsewhere.
d. Barry Erdos shall assist the Company in obtaining, maixxxxxxxx xxx xnforcing patentmaintaining and enfoxxxxx xxtent, copyright and other forms of legal protection for intellectual property in any country. Upon the request of the Company, Barry Erdos shall sign all applications, assignments, instruments and paxxxx and papexx xxd perform all acts necessary or desired by the Company in order to protect its rights and interests in any Developments.
e. Barry Erdos agrees that any breach of this paragraph 9 will cauxx xxxxxxxxxxe damage cause irrepxxxxxx xamage to the Company and that, in the event of such breach, the Company will have, in addition to any and all remedies of law, including rights which the Company may have to damages, the right to equitable relief including, as appropriate, all injunctive relief or specific performance or other equitable relief. Barry Erdos understands and agrees that the rights and obligations xxx xorth in set forxx xx paragraph 9 shall survive the termination or expiration of this Agreement.
Appears in 1 contract
Samples: Employment Agreement (Bluefly Inc)
Confidentiality Inventions. a. Barry recognizes that the services to be performed by him xxx xxxxxxxare spxxxxx, unique xnique and extraordinary in that, by reason of his employment under this Agreement, he may acquire or has acquired confidential information and trade secrets concerning the operation of the Company, its predecessors, and/or its affiliates, the use or disclosure of which could cause the Company, or its affiliates substantial loss and damages which could not be readily calculated and for which no remedy at law would be adequate. Accordingly, Barry covenants and agrees with the Company that he will not, dirxxxxx or direcxxx xr indirectly, at any time during the term of this Agreement or thereafter, except in the performance of his obligations to the Company or with the prior written consent of the Board of Directors or as otherwise required by court order, subpoena or other government process, directly or indirectly, disclose any secret or confidential information that he may learn or has learned by reason of his association with the Company. If Barry shall be required to make such disclosure pursuant to court xxxxxoxxxx, subpoena or other government process, he shall notify the Company of the same, by personal delivery or electronic means, confirmed by mail, within 24 hours of learning of such court order, subpoena or other government process and, at the Company's expense, shall (i) take all reasonably necessary and lawful steps required by the Company to defend against the enforcement of such subpoena, court order or government process, and (ii) permit the Company to intervene and participate with counsel of its choice in any proceeding relating to the enforcement thereof. The term "confidential information" includes, without limitation, information not in the public domain and not previously disclosed to the public or to the trade by the Company's management with respect to the Company's or its affiliates' facilities and methods, studies, surveys, analyses, sketches, drawings, notes, records, software, computer-stored or disk-stored information, processes, techniques, research data, marketing and sales information, personnel data, trade secrets and other intellectual property, designs, design concepts, manuals, confidential reports, supplier names and pricing, customer names and prices paid, financial information or business plans.
b. Barry confirms that all confidential information is and xxxxx xxxxxx the shall rexxxx xxx exclusive property of the Company. All memoranda, notes, reports, software, sketches, photographs, drawings, plans, business records, papers or other documents or computer-stored or disk-stored information kept or made by Barry relating to the business of the Company shall be and will rexxxx the remxxx xhe sole and exclusive property of the Company and shall be promptly delivered and returned to the Company immediately upon the termination of his employment with the Company.
c. Barry shall make full and prompt disclosure to the Comxxxx xx xxx xxventionsCompany of alx xxxxxxions, improvements, ideas, concepts, discoveries, methods, developments, software and works of authorship, whether or not copyrightable, trademarkable or licensable, which are created, made, conceived or reduced to practice by Barry for the Company during his services with the Company, whethxx whether xx not xot during normal working hours or on the premises of the Company (all of which are collectively referred to in this Agreement as "Developments"). All Developments shall be the sole property of the Company, and Barry hereby assigns to the Company, without further compensatxxxcompensation, all of xxx xf his rights, title and interests in and to the Developments and any and all related patents, patent applications, copyrights, copyright applications, trademarks and tradenames in the United States and elsewhere.
d. Barry shall assist the Company in obtaining, maixxxxxxxx xxx xnforcing patentmaintaining and enfxxxxxx xatent, copyright and other forms of legal protection for intellectual property in any country. Upon the request of the Company, Barry shall sign all applications, assignments, instruments and paxxxx and papxxx xnd perform all acts necessary or desired by the Company in order to protect its rights and interests in any Developments.
e. Barry agrees that any breach of this paragraph 9 will cauxx xxxxxxxxxxe cause irrexxxxxxx damage to the Company and that, in the event of such breach, the Company will have, in addition to any and all remedies of law, including rights which the Company may have to damages, the right to equitable relief including, as appropriate, all injunctive relief or specific performance or other equitable relief. Barry understands and agrees that the rights and obligations xxx xorth in set foxxx xn paragraph 9 shall survive the termination or expiration of this Agreement.
Appears in 1 contract
Samples: Employment Agreement (Bluefly Inc)
Confidentiality Inventions. a. Barry recognizes that the services to be performed by him xxx xxxxxxxare spxxxxx, unique xnique and extraordinary in that, by reason of his employment under this Agreement, he may acquire or has acquired confidential information and trade secrets concerning the operation of the Company, its predecessors, and/or its affiliates, the use or disclosure of which could cause the Company, or its affiliates substantial loss and damages which could not be readily calculated and for which no remedy at law would be adequate. Accordingly, Barry covenants and agrees with the Company that he will not, dirxxxxx or direcxxx xr indirectly, at any time during the term of this Agreement or thereafter, except in the performance of his obligations to the Company or with the prior written consent of the Board of Directors or as otherwise required by court order, subpoena or other government process, directly or indirectly, disclose any secret or confidential information that he may learn or has learned by reason of his association with the Company. If Barry shall be required to make such disclosure pursuant to court xxxxxoxxxx, subpoena or other government process, he shall notify the Company of the same, by personal delivery or electronic means, confirmed by mail, within 24 twenty-four (24) hours of learning of such court order, subpoena or other government process and, at the Company's expense, shall (i) take all reasonably necessary and lawful steps required by the Company to defend against the enforcement of such subpoena, court order or government process, and (ii) permit the Company to intervene and participate with counsel of its choice in any proceeding relating to the enforcement thereof. The term "confidential information" includes, without limitation, information not in the public domain and not previously disclosed to the public or to the trade by the Company's management with respect to the Company's or its affiliates' facilities and methods, studies, surveys, analyses, sketches, drawings, notes, records, software, computer-stored or disk-stored information, processes, techniques, research data, marketing and sales information, personnel data, trade secrets and other intellectual property, designs, design concepts, manuals, confidential reports, supplier names and pricing, customer names and prices paid, financial information or business plans.
b. Barry confirms that all confidential information is and xxxxx xxxxxx the shall rexxxx xxx exclusive property of the Company. All memoranda, notes, reports, software, sketches, photographs, drawings, plans, business records, papers or other documents or computer-stored or disk-stored information kept or made by Barry relating to the business of the Company shall be and will rexxxx the remxxx xhe sole and exclusive property of the Company and shall be promptly delivered and returned to the Company immediately upon the termination of his employment with the Company.
c. Barry shall make full and prompt disclosure to the Comxxxx xx xxx xxventionsCompany of alx xxxxxxions, improvements, ideas, concepts, discoveries, methods, developments, software and works of authorship, whether or not copyrightable, trademarkable or licensable, which are created, made, conceived or reduced to practice by Barry for the Company during his services with the Company, whethxx whether xx not xot during normal working hours or on the premises of the Company (all of which are collectively referred to in this Agreement as "Developments"). All Developments shall be the sole property of the Company, and Barry hereby assigns to the Company, without further compensatxxxcompensation, all of xxx xf his rights, title and interests in and to the Developments and any and all related patents, patent applications, copyrights, copyright applications, trademarks and tradenames in the United States and elsewhere.
d. Barry shall assist the Company in obtaining, maixxxxxxxx xxx xnforcing patentmaintaining and enfxxxxxx xatent, copyright and other forms of legal protection for intellectual property in any country. Upon the request of the Company, Barry shall sign all applications, assignments, instruments and paxxxx and papxxx xnd perform all acts necessary or desired by the Company in order to protect its rights and interests in any Developments.
e. Barry agrees that any breach of this paragraph 9 will cauxx xxxxxxxxxxe cause irrexxxxxxx damage to the Company and that, in the event of such breach, the Company will have, in addition to any and all remedies of law, including rights which the Company may have to damages, the right to equitable relief including, as appropriate, all injunctive relief or specific performance or other equitable relief. Barry understands and agrees that the rights and obligations xxx xorth in set foxxx xn paragraph 9 shall survive the termination or expiration of this Agreement.
Appears in 1 contract
Samples: Employment Agreement (Bluefly Inc)
Confidentiality Inventions. a. Barry Seiff recognizes that the services to be performed by him xxx are xxxxxxx, unique xnique and extraordinary in that, by reason of his employment under this Agreement, he may acquire or has acquired confidential information and trade secrets concerning the operation of the Company, its predecessors, and/or its affiliates, the use or disclosure of which could cause the Company, or its affiliates substantial loss and damages which could not be readily calculated and for which no remedy at law would be adequate. Accordingly, Barry Seiff covenants and agrees with the Company that he will not, dirxxxxx or direcxxx xr indirectly, at any time during the term of this Agreement or thereafter, except in the performance of his obligations to the Company or with the prior written consent of the Board of Directors or as otherwise required by court order, subpoena or other government process, directly or indirectly, disclose any secret or confidential information that he may learn or has learned by reason of his association with the Company. If Barry Seiff shall be required to make such disclosure pursuant to court xxxxxoxxxx, subpoena or other government process, he shall notify the Company of the same, by personal delivery or electronic means, confirmed by mail, within 24 twenty-four (24) hours of learning of such court order, subpoena or other government process and, at the Company's expense, shall (i) take all reasonably necessary and lawful steps required by the Company to defend against the enforcement of such subpoena, court order or government process, and (ii) permit the Company to intervene and participate with counsel of its choice in any proceeding relating to the enforcement thereof. The term "confidential information" includes, without limitation, information not in the public domain and not previously disclosed to the public or to the trade by the Company's management with respect to the Company's or its affiliates' facilities and methods, studies, surveys, analyses, sketches, drawings, notes, records, software, computer-stored or disk-stored information, processes, techniques, research data, marketing and sales information, personnel data, trade secrets and other intellectual property, designs, design concepts, manuals, confidential reports, supplier names and pricing, customer names and prices paid, financial information or business plans.
b. Barry Seiff confirms that all confidential information is and xxxxx shall xxxxxx the xxx exclusive property of the Company. All memoranda, notes, reports, software, sketches, photographs, drawings, plans, business records, papers or other documents or computer-stored or disk-stored information kept or made by Barry Seiff relating to the business of the Company shall be and will rexxxx the remxxx xhe sole and exclusive property of the Company and shall be promptly delivered and returned to the Company immediately upon the termination of his employment with the Company.
c. Barry Seiff shall make full and prompt disclosure to the Comxxxx xx Company of xxx xxventionsxxxxxxions, improvements, ideas, concepts, discoveries, methods, developments, software and works of authorship, whether or not copyrightable, trademarkable or licensable, which are created, made, conceived or reduced to practice by Barry Seiff for the Company during his services with the Company, whethxx whether xx not xot during normal working hours or on the premises of the Company (all of which are collectively referred to in this Agreement as "Developments"). All Developments shall be the sole property of the Company, and Barry Seiff hereby assigns to the Company, without further compensatxxxcompensation, all of xxx xf his rights, title and interests in and to the Developments and any and all related patents, patent applications, copyrights, copyright applications, trademarks and tradenames in the United States and elsewhere.
d. Barry Seiff shall assist the Company in obtaining, maixxxxxxxx xxx xnforcing patentmaintaining and exxxxxxxx xatent, copyright and other forms of legal protection for intellectual property in any country. Upon the request of the Company, Barry Seiff shall sign all applications, assignments, instruments and paxxxx and papxxx xnd perform all acts necessary or desired by the Company in order to protect its rights and interests in any Developments.
e. Barry Seiff agrees that any breach of this paragraph 9 will cauxx xxxxxxxxxxe cause irxxxxxxxxx damage to the Company and that, in the event of such breach, the Company will have, in addition to any and all remedies of law, including rights which the Company may have to damages, the right to equitable relief including, as appropriate, all injunctive relief or specific performance or other equitable relief. Barry Seiff understands and agrees that the rights and obligations xxx xorth in set foxxx xn paragraph 9 shall survive the termination or expiration of this Agreement.
Appears in 1 contract
Samples: Employment Agreement (Bluefly Inc)