Confidentiality; Nondisparagement. (a) Executive will not at any time (whether during or after his employment with the Company) disclose or use for his own benefit or purposes or the benefit or purposes of any other person, firm, partnership, joint venture, association, corporation or other business organization, entity or enterprise other than the Company and any of its subsidiaries or affiliates, any trade secrets, information, data, or other confidential information relating to customers, development programs, costs, marketing, trading, investment, sales activities, promotion, credit and financial data, manufacturing processes, financing methods, plans, employees, organizational structure or the business and affairs of the Company generally, or of any subsidiary or affiliate of the Company, provided that the foregoing shall not apply to information which is not unique to the Company or which is generally known to the industry or the public other than as a result of Executive's breach of this covenant. Executive agrees that upon termination of his employment with the Company for any reason, he will return to the Company immediately all memoranda, books, papers, plans, information, letters and other data, and all copies thereof or therefrom, in any way relating to the business of the Company and its affiliates, except that he may retain personal notes, notebooks and diaries. Executive further agrees that he will not retain or use for his account at any time any trade names, trademark or other proprietary business designation used or owned in connection with the business of the Company or its affiliates.
Confidentiality; Nondisparagement. (a) While employed by the Company and for a period of one year thereafter, the Executive shall not, without the prior written consent of the Company, disclose to anyone (except in good faith in the ordinary course of business to a person who will be advised by the Executive to keep such information confidential) or make use of any Confidential Information (as defined below) except in the performance of his duties hereunder, or when required to do so by legal process by any governmental agency having supervisory authority over the business of the Company or by any administrative or legislative body (including a committee thereof) or judicial authority or law that require him to divulge, disclose or make accessible such Confidential Information. In the event that the Executive is so ordered, he shall give prompt written notice to the Company to allow the Company the opportunity to promptly object to or otherwise resist such order, provided, however, the Executive may disclose such Confidential Information if the failure to disclose would result in a penalty or assessment against him.
Confidentiality; Nondisparagement. The Executive shall hold in a fiduciary capacity for the benefit of the Company all trade secrets, confidential information, and knowledge or data relating to the Company and its affiliates which shall have been obtained by the Executive during the Executive's employment by the Company and which shall not have been or now or hereafter have become public knowledge (other than by acts by the Executive or representatives of the Executive in violation of this Agreement). The Executive shall not, without the prior written consent of the Company, or as may otherwise be required by law or legal process, communicate or divulge any such trade secrets, information, knowledge or data to anyone other than the Company and those designated by the Company. In addition, the Executive shall not disparage, discredit or otherwise publicly criticize the Company or its affiliates or engage in any act, directly or indirectly, for purposes of disparaging, ridiculing or bringing scorn upon the Company, any affiliate thereof, or any of their respective officers, directors, businesses, tradenames or trademarks. In the event of a breach or threatened breach of this Section 7, the Executive agrees that the Company shall be entitled to injunctive relief in a court of appropriate jurisdiction to remedy any such breach or threatened breach, the Executive acknowledging that damages would be inadequate and insufficient. Any termination of the Executive's employment, Agreement Period or of this Agreement shall have no effect on the continuing operation of this Section 7.
Confidentiality; Nondisparagement. (a) During the Term, the Company agrees that it will disclose to Executive its confidential or proprietary information (as defined in this Section 7(a)) to the extent necessary for Executive to carry out his obligations to the Company. The Executive hereby covenants and agrees that he will not, without the prior written consent of the Company, during the Term or thereafter disclose to any person not employed by the Company, or use in connection with engaging in competition with the Company, any confidential or proprietary information of the Company. For purposes of this Agreement, the term “confidential or proprietary information” will include all information of any nature and in any form that is owned by the Company and that is not publicly available (other than by Executive’s breach of this Section 7(a)) or generally known to persons engaged in businesses similar or related to those of the Company. In addition, confidential or proprietary information will include, without limitation, the Company’s financial matters, customers, employees, industry contracts, strategic business plans, product development (or other proprietary product data), marketing plans, and all other secrets and all other information of a confidential or proprietary nature. For purposes of the preceding two sentences, the term “Company” will also include any Subsidiary (collectively, the “Restricted Group”). The foregoing obligations imposed by this Section 7(a) will not apply (i) during the Term, in the course of the business of and for the benefit of the Company, (ii) if such confidential or proprietary information has become, through no fault of the Executive, generally known to the public or (iii) if the Executive is required by law to make disclosure (after giving the Company notice and an opportunity to contest such requirement).
Confidentiality; Nondisparagement. Employee agrees to protect and maintain the confidentiality of all information in his possession related to the Company, including information about is finances, technology, employees, sales or prospective sales, customers and all other information not publicly not publicly known or available. Employee agrees to abide by and reaffirms his obligations with respect to confidentiality and non-solicitation and other protections. Employee agrees that he will not disparage or criticize the Company, its Board of Directors, management, products or services and will not otherwise do or say anything that could interfere in any way with the Company’s Board of Directors and its corporate officers, speaking on behalf of the Company, shall not disparage Employee.
Confidentiality; Nondisparagement. The Employee hereby agrees that while he is employed by the Company or at any time thereafter he will not, directly or indirectly, disclose, divulge, render, offer or discuss any Confidential Information or Trade Secrets of the Company or any of its Subsidiaries except as may be necessary in the performance of his duties hereunder and in no event shall he make or publish, either orally or in writing, any disparaging, defamatory, derogatory or other negative comments about the Company, its officers, directors or stockholders, products, practices or operations, or the Company's business or financial condition, plans or prospects. The Company hereby agrees that it shall not make or publish, either orally or in writing, any disparaging, defamatory, derogatory or other negative comments about the Employee.
Confidentiality; Nondisparagement. (a) Executive will not at any time (whether during or after his employment with the Company) disclose or use for his own benefit or purposes or the benefit or purposes of any other person, firm, partnership, joint venture, association, corporation or other business organization, entity or enterprise other than the Company and any of its subsidiaries or affiliates, any trade secrets, information, data, or other confidential information relating to customers, development programs, costs, marketing, trading, investment, sales activities, promotion, credit and financial data, manufacturing processes, financing methods, plans, employees, organizational structure or the business and affairs of the Company generally, or of any subsidiary or affiliate of the Company, provided that the foregoing shall not apply to information which is not unique to the Company or which is generally known to the industry or the public other than as a result of Executive's breach of this covenant. Executive agrees that upon termination of his employment with the Company for any reason, he will return to the Company immediately all memoranda, books, papers, plans, information, letters and other data, and all
Confidentiality; Nondisparagement. (a) Except as may be required to comply with law or legal process, or to the extent necessary for Executive to defend himself against the Company or any of its affiliates, shareholders, employees, agents or any other party claiming a right through the Company, Executive will not at any time (whether during or after his employment with the Company) disclose or use for his own benefit or purposes or the benefit or purposes of any other person, firm, partnership, joint venture, association, corporation or other business organization, entity or enterprise other than the Company and any of its subsidiaries or affiliates, any trade secrets, information, data, or other confidential information relating to customers, development programs, costs, marketing, trading, investment, sales activities, promotion, credit and financial data, manufacturing processes, financing methods, plans, employees, organizational structure or the business and affairs of the Company generally, or of any subsidiary or affiliate of the Company, provided that the foregoing shall not apply to information which is not unique to the Company or which is generally known to the industry or the public other than as a result of Executive’s breach of this covenant. Executive agrees that upon termination of his employment with the Company for any reason, he will return to the Company immediately all memoranda, books, papers, plans, information, letters and other data, and all copies thereof or therefrom, in any way relating to the business of the Company and its affiliates, except that he may retain personal notes, notebooks, rolodexes and diaries. Executive further agrees that he will not retain or use for his account at any time any trade names, trademark or other proprietary business designation used or owned in connection with the business of the Company or its affiliates.
Confidentiality; Nondisparagement a. Neither nor any person under the control of shall knowingly or voluntarily disclose any provision of this Agreement. This provision shall not apply to disclosures required by law, including response to service of a subpoena or as may be necessary in defense of an action, or disclosures to the Internal Revenue Service or Colorado Department of Revenue, attorneys, accountants or tax advisors or insurance companies; however, any accountant, attorney, tax advisor or insurance company to whom such disclosure is made must agree to be bound by this confidentiality provision. As part of this confidentiality provision, all Parties agree not to communicate with the media or press regarding this Agreement.
Confidentiality; Nondisparagement. Employee agrees to protect and maintain the confidentiality of all information in his possession related to the Company, including information about its finances, technology, employees, sales or prospective sales, strategies, customers and all other information not publicly known or available. Employee agrees to abide by, and hereby reaffirms, his obligations with respect to confidentiality, non-solicitation and other protections contained in his employment agreement dated August 25, 2011. Employee agrees that he will not disparage or criticize the Company, its Board of Directors, management, products or services and will not otherwise do or say anything that could interfere in any way with the Company’s business interests, its reputation or any of its customer or other business relationships. The Company’s Board of Directors and its corporate officers, speaking on behalf of the Company, shall not disparage Employee.
