Common use of Confidentiality; Nondisparagement Clause in Contracts

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. 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 and the Company or its affiliates shall not disparage, discredit or otherwise publicly criticize the Company or its affiliates other or engage in any act, directly or indirectly, for purposes of disparaging, ridiculing or bringing scorn upon the Executive or 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 each party shall be entitled to injunctive relief in a court of appropriate jurisdiction to remedy any such breach or threatened breach, the Executive parties 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. Executive acknowledges and agrees that the Company's obligations to provide the benefits and payments hereunder during the Severance Period are expressly conditioned upon and subject to Executive's compliance with the conditions set forth in this Section 8. 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 and the Company or its affiliates shall not disparage, discredit or otherwise publicly criticize the Company or its affiliates other or engage in any act, directly or indirectly, for purposes of disparaging, ridiculing or bringing scorn upon the Executive or 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 78, the Executive agrees that the Company each party shall be entitled to injunctive relief in a court of appropriate jurisdiction to remedy any such breach or threatened breach, the Executive parties 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 78.

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 and the Company or its affiliates shall not disparage, discredit or otherwise publicly criticize the Company or its affiliates other or engage in any act, directly or indirectly, for purposes of disparaging, ridiculing or bringing scorn upon the Executive or 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 each party shall be entitled to injunctive relief in a court of appropriate jurisdiction to remedy any such breach or threatened breach, the Executive parties 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.