Common use of Confidentiality, Non-Competition and Non-Solicitation Clause in Contracts

Confidentiality, Non-Competition and Non-Solicitation. (a) Except with the prior written consent of Employer, during Executive's active employment with Employer and for a period of one (1) year after the termination of Executive's employment with Employer, but in no event less than five (5) years after the date hereof (the "Restricted Period"), Executive agrees that he shall not disclose or make available, directly or indirectly, to others or use for his or others' benefit confidential information, whether or not reduced to written or other recorded from, related to Employer and its subsidiaries, including the names of customers, the contact persons at customers, pricing, the software programs utilized by Employer and its subsidiaries in the operation of its business and all other information material to the operation, management, marketing or financing of Employer and its subsidiaries which is not known or generally available to the public or competitors in the records management or records storage industries. The confidentiality obligations of this Section shall not apply to information: (i) which is required to be disclosed by judicial or administrative process or order, or by other requirements of law; (ii) which is or becomes generally available to the public other than as a result of a breach of this Section 13; (iii) which is received from a third party who obtained such information other than under an obligation of confidentiality; or (iv) which the Employer discloses on a non-confidential basis or otherwise makes available to the general public or the trade. (b) Executive agrees that during the Restricted Period, he shall not directly or indirectly own, manage, engage in, participate in, provide advice to, be employed by, have a financial interest in, or solicit or attempt to obtain business from any customer of Employer or any of its subsidiaries on behalf of, any enterprise which provides records management or records storage and related services to business facilities (including, without limitation, the management, handling, storage, filing, processing and retrieval of medical records used by hospitals, private practitioners, and other medical institutions) located in the geographic areas in which Executive oversees operations at the time of the termination of his employment (the "Restricted Area"). Section 13

Confidentiality, Non-Competition and Non-Solicitation. (a) Except with the prior written consent of EmployerAcquiror, during Executive's active employment with Employer and for a period of one (1) year after five years from the termination of Executive's employment with EmployerClosing Date, but in no event less than five (5) years after the date hereof (the "Restricted Period"), Executive agrees that he Principal Stockholder shall not disclose or make available, directly or indirectly, to others or use for his or others' benefit confidential information, whether or not reduced to written or other recorded fromform, related to Employer Acquiror or the Company and its subsidiariesSubsidiaries, including the names of customers, the contact persons at customers, pricing, the software programs utilized by Employer Acquiror or the Company and its subsidiaries Subsidiaries in the operation of its business and all other information material to the operation, management, marketing or financing of Employer Acquiror, the Company and its subsidiaries Subsidiaries which is not known or generally available to the public or competitors in the records management or records storage industries. The confidentiality obligations of this Section shall not apply to information: (i) which is required to be disclosed by judicial or administrative process or order, or by other requirements of law; (ii) which is or becomes generally available to the public other than as a result of a breach of this Section 13Section; (iii) which is received from a third party who obtained such information other than under an obligation of confidentiality; or (iv) which the Employer Acquiror discloses on a non-confidential nonconfidential basis or otherwise makes available to the general public or the trade. (b) Executive The Principal Stockholder agrees that during the Restricted Period, he shall not not, for a period of five years from the Closing Date, directly or indirectly own, manage, engage in, participate in, provide advice to, be employed by, have a financial interest in, or solicit or attempt to obtain business from any customer of Employer Acquiror or the Company or any of its subsidiaries Subsidiaries on behalf of, any enterprise which provides records management or records storage and related services to business facilities (including, without limitation, the management, handling, storage, filing, processing and retrieval of medical records used by hospitals, private practitioners, and other medical institutions) located in the geographic areas in which Executive oversees operations at the time of the termination of his employment (the "Restricted Area"). Section 13United States.

Confidentiality, Non-Competition and Non-Solicitation. (a1) Except with the prior written consent of EmployerAcquiror, during Executive's active employment with Employer and for a period of one (1) year after five years from the termination of Executive's employment with EmployerClosing Date, but in no event less than five (5) years after the date hereof (the "Restricted Period"), Executive agrees that he Principal Stockholder shall not disclose or make available, directly or indirectly, to others or use for his or others' benefit confidential information, whether or not reduced to written or other recorded fromform, related to Employer Acquiror or the Company and its subsidiariesSubsidiaries, including the names of customers, the contact persons at customers, pricing, the software programs utilized by Employer Acquiror or the Company and its subsidiaries Subsidiaries in the operation of its business and all other information material to the operation, management, marketing or financing of Employer Acquiror, the Company and its subsidiaries Subsidiaries which is not known or generally available to the public or competitors in the records management or records storage industries. The confidentiality obligations of this Section shall not apply to information: (i) which is required to be disclosed by judicial or administrative process or order, or by other requirements of law; (ii) which is or becomes generally available to the public other than as a result of a breach of this Section 13Section; (iii) which is received from a third party who obtained such information other than under an obligation of confidentiality; or (iv) which the Employer Acquiror discloses on a non-confidential nonconfidential basis or otherwise makes available to the general public or the trade. (b2) Executive The Principal Stockholder agrees that during the Restricted Period, he shall not not, for a period of five years from the Closing Date, directly or indirectly own, manage, engage in, participate in, provide advice to, be employed by, have a financial interest in, or solicit or attempt to obtain business from any customer of Employer Acquiror or the Company or any of its subsidiaries Subsidiaries on behalf of, any enterprise which provides records management or records storage and related services to business facilities (including, without limitation, the management, handling, storage, filing, processing and retrieval of medical records used by hospitals, private practitioners, and other medical institutions) located in the geographic areas in which Executive oversees operations at the time of the termination of his employment (the "Restricted Area"). Section 13United States.