Common use of Confidentiality; Nonsolicitation Clause in Contracts

Confidentiality; Nonsolicitation. (a) The Executive acknowledges that Holding Company may disclose certain confidential information to the Executive during the term of this Agreement to enable him to perform his duties hereunder. The Executive hereby covenants and agrees that he will not, without the prior written consent of Holding Company, during the term of this Agreement or at any time thereafter, disclose or permit to be disclosed to any third party by any method whatsoever any of the confidential information of Holding Company or its affiliates. For purposes of this Agreement, “confidential information” shall include, but not be limited to, any and all records, notes, memoranda, data, ideas, processes, methods, techniques, systems, formulas, patents, models, devices, programs, computer software, writings, research, personnel information, customer information, Holding Company’s or the Bank’s financial information, plans, or any other information of whatever nature in the possession or control of Holding Company or its affiliates which has not been published or disclosed to the general public, or which gives to Holding Company or its affiliates an opportunity to obtain an advantage over competitors who do not know of or use it. The Executive further agrees that if his employment is terminated for any reason, he will leave with Holding Company or the Bank and will not take originals or copies of any records, papers, programs, computer software and documents and all matter of whatever nature which bears secret or confidential information of Holding Company or its affiliates. (b) The foregoing paragraph shall not be applicable if and to the extent the Executive is required to testify in a judicial or regulatory proceeding pursuant to an order of a judge or administrative law judge issued after the Executive and his legal counsel urge that the aforementioned confidentiality be preserved. (c) The foregoing covenants will not prohibit the Executive from disclosing confidential or other information to other employees of Holding Company or its affiliates or any third parties to the extent that such disclosure is necessary to the performance of his duties under this Agreement.

Appears in 4 contracts

Samples: Change of Control Agreement (Sunshine Financial Inc), Change of Control Agreement (Sunshine Financial Inc), Change of Control Agreement (Sunshine Financial Inc)

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Confidentiality; Nonsolicitation. (a) The Executive acknowledges that Holding Company CFC may disclose certain confidential information to the Executive during the term of this Agreement to enable him to perform his duties hereunder. The Executive hereby covenants and agrees that he will not, without the prior written consent of Holding CompanyCFC, during the term of this Agreement or at any time thereafter, disclose or permit to be disclosed to any third party by any method whatsoever any of the confidential information of Holding Company CFC or its affiliates. For purposes of this Agreement, "confidential information" shall include, but not be limited to, any and all records, notes, memoranda, data, ideas, processes, methods, techniques, systems, formulas, patents, models, devices, programs, computer software, writings, research, personnel information, customer information, Holding Company’s CFC's or the Bank’s 's financial information, plans, or any other information of whatever nature in the possession or control of Holding Company CFC or its affiliates which has not been published or disclosed to the general public, or which gives to Holding Company CFC or its affiliates an opportunity to obtain an advantage over competitors who do not know of or use it. The Executive further agrees that if his employment is terminated for any reason, he will leave with Holding Company CFC or the Bank and will not take originals or copies of any records, papers, programs, computer software and documents and all matter of whatever nature which bears secret or confidential information of Holding Company CFC or its affiliates. (b) The foregoing paragraph shall not be applicable if and to the extent the Executive is required to testify in a judicial or regulatory proceeding pursuant to an order of a judge or administrative law judge issued after the Executive and his legal counsel urge that the aforementioned confidentiality be preserved. (c) The foregoing covenants will not prohibit the Executive from disclosing confidential or other information to other employees of Holding Company CFC or its affiliates or any third parties to the extent that such disclosure is necessary to the performance of his duties under this Agreement.

Appears in 3 contracts

Samples: Change of Control Agreement (Community Financial Corp /Va/), Change of Control Agreement (Community Financial Corp /Va/), Change of Control Agreement (Community Financial Corp /Va/)

Confidentiality; Nonsolicitation. (a) The Executive acknowledges that Holding Company the Bank may disclose certain confidential information to the Executive during the term of this Agreement to enable him to perform his duties hereunder. The Executive hereby covenants and agrees that he will not, without the prior written consent of Holding Companythe Bank, during the term of this Agreement or at any time thereafter, disclose or permit to be disclosed to any third party by any method whatsoever any of the confidential information of Holding Company the Bank or its affiliates. For purposes of this Agreement, “confidential information” shall include, but not be limited to, any and all records, notes, memoranda, data, ideas, processes, methods, techniques, systems, formulas, patents, models, devices, programs, computer software, writings, research, personnel information, customer information, Holding Company’s or the Bank’s financial information, plans, or any other information of whatever nature in the possession or control of Holding Company the Bank or its affiliates which has not been published or disclosed to the general public, or which gives to Holding Company the Bank or its affiliates an opportunity to obtain an advantage over competitors who do not know of or use it. The Executive further agrees that if his employment is terminated for any reason, he will leave with Holding Company or the Bank and will not take originals or copies of any records, papers, programs, computer software and documents and all matter of whatever nature which bears secret or confidential information of Holding Company the Bank or its affiliates. (b) The foregoing paragraph shall not be applicable if and to the extent the Executive is required to testify in a judicial or regulatory proceeding pursuant to an order of a judge or administrative law judge issued after the Executive and his legal counsel urge that the aforementioned confidentiality be preserved. (c) The foregoing covenants will not prohibit the Executive from disclosing confidential or other information to other employees of Holding Company the Bank or its affiliates or any third parties to the extent that such disclosure is necessary to the performance of his duties under this Agreement.

Appears in 2 contracts

Samples: Change of Control Agreement (FS Bancorp, Inc.), Change of Control Agreement (1st Security Bancorp Inc)

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Confidentiality; Nonsolicitation. (a) The Executive acknowledges that Holding Company the Bank may disclose certain confidential information to the Executive during the term of this Agreement to enable him [him/her] to perform his [his/her] duties hereunder. The Executive hereby covenants and agrees that he [he/she] will not, without the prior written consent of Holding Companythe Bank, during the term of this Agreement or at any time thereafter, disclose or permit to be disclosed to any third party by any method whatsoever any of the confidential information of Holding Company the Bank or its affiliates. For purposes of this Agreement, “confidential information” shall include, but not be limited to, any and all records, notes, memoranda, data, ideas, processes, methods, techniques, systems, formulas, patents, models, devices, programs, computer software, writings, research, personnel information, customer information, Holding Company’s or the Bank’s financial information, plans, or any other information of whatever nature in the possession or control of Holding Company the Bank or its affiliates which has not been published or disclosed to the general public, or which gives to Holding Company the Bank or its affiliates an opportunity to obtain an advantage over competitors who do not know of or use it. The Executive further agrees that if his [his/her] employment is terminated for any reason, he [he/she] will leave with Holding Company or the Bank and will not take originals or copies of any records, papers, programs, computer software and documents and all matter of whatever nature which bears secret was furnished or confidential information made available to the Executive by the Bank, its affiliates or any customer or which Executive prepared in the scope of Holding Company or its affiliates[his/her] employment. (b) The foregoing paragraph shall not be applicable if and to the extent testimony required by the Executive is required to testify be given in a judicial or regulatory proceeding pursuant to an order of a judge or administrative law judge issued after the Executive and his [his/her] legal counsel urge that the aforementioned confidentiality be preserved. The Executive shall give the Bank immediate notice of any subpoena or court order issued to [him/her] where the subject matter might reasonably include Bank business. (c) The foregoing covenants will not prohibit the Executive from disclosing confidential or other information to other employees of Holding Company the Bank or its affiliates or any third parties to the extent that such disclosure is necessary to the performance of his [his/her] duties under this Agreement.

Appears in 1 contract

Samples: Change of Control Agreement (FS Bancorp, Inc.)

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