Common use of Confidentiality of Information; Duty of Non-Disclosure Clause in Contracts

Confidentiality of Information; Duty of Non-Disclosure. (a) The Executive acknowledges and agrees that his employment by the Company under this Agreement necessarily involves his understanding of and access to certain trade secrets and confidential information pertaining to the business of the Company. Accordingly, the Executive agrees that after the date of this Agreement at all times he/she will not, directly or indirectly, without the express consent of the Company, disclose to or use for the benefit of any person, corporation or other entity, or for himself/herself any and all files, trade secrets or other confidential information concerning the internal affairs of the Company, including, but not limited to, information pertaining to its clients, services, products, earnings, finances, operations, methods or other activities, provided, however, that the foregoing shall not apply to information which is of public record or is generally known, disclosed or available to the general public or the industry generally. Further, the Executive agrees that he/she shall not, directly or indirectly, remove or retain, without the express prior written consent of the Company, and upon termination of this Agreement for any reason shall return to the Company, any figures, calculations, letters, papers, records, computer disks, computer print-outs, lists, documents, instruments, drawings, designs, programs, brochures, sales literature, or any copies thereof, or any information or instruments derived therefrom, or any other similar information of any type or description, however such information might be obtained or recorded, arising out of or in any way relating to the business of the Company or obtained as a result of his employment by the Company. The Executive acknowledges that all of the foregoing are proprietary information, and are the exclusive property of the Company. The covenants contained in this Section 18 shall survive the termination of this Agreement.

Confidentiality of Information; Duty of Non-Disclosure. (a) The Executive acknowledges and agrees that his employment by the Company under this Agreement agreement necessarily involves his understanding of and access to certain trade secrets and confidential information pertaining to the business of the Company. Accordingly, the Executive agrees that after the date of this Agreement at all times he/she times, whether during or after the termination of the Employment Period, he will not, directly or indirectly, without the express prior written consent of the Company, disclose to or use for the benefit of any person, corporation or other entity, or for himself/herself himself any and all files, trade secrets or other confidential information concerning the internal affairs of the CompanyCompany or its subsidiaries or affiliates, including, but not limited to, information pertaining to its clients, services, products, earnings, finances, operations, methods or other activities, ; provided, however, that the foregoing shall not apply to information which is of public record or is generally known, disclosed or available to the general public or the industry generally. Further, the Executive agrees that he/she he shall not, directly or indirectly, remove or retain, without the express prior written consent of the Company, and upon termination of this Agreement for any reason shall return to the Company, any figures, calculations, letters, papers, records, computer disks, computer print-outs, customer lists, price lists, other lists, contracts, business plans, forms, manuals, other documents, instruments, drawings, designs, programs, brochures, sales literature, or any copies or reproductions thereof, or any information or instruments derived therefrom, or any other similar information of any type or description, however such information might be obtained or recorded, arising out of or in any way relating to the business of the Company or obtained as a result of his employment by the Company. The Executive acknowledges that all of the foregoing are proprietary information, and are the exclusive property of the Company. The covenants contained in this Section 18 shall survive the termination of this Agreement.

Confidentiality of Information; Duty of Non-Disclosure. (a) The Executive Consultant acknowledges and agrees that his employment Consultant's engagement by the Company under this Agreement necessarily involves his Consultant's understanding of and access to certain trade secrets and confidential information pertaining to the business of the Company. Accordingly, the Executive Consultant agrees that after the date of this Agreement at all times he/she Consultant will not, directly or indirectly, without the express written consent of the Company, disclose to or use for the benefit of any person, corporation or other entity, or for himself/herself Consultant any and all files, trade secrets or other confidential information concerning the internal affairs of the Company, including, but not limited to, information pertaining to its trade secrets, business plans, clients, services, products, earnings, finances, operations, methods or other activities, provided, however, that the foregoing shall not apply to information which is of public record or is generally known, disclosed or available to the general public or the industry generally. Further, the Executive Consultant agrees that he/she Consultant shall not, directly or indirectly, remove or retain, without the express prior written consent of the Company, and upon termination of this Agreement for any reason shall return to the Company, any figures, calculations, letters, papers, records, computer disks, computer print-outs, lists, documents, instruments, drawings, designs, programs, brochures, sales literature, business plans or any copies thereof, or any information or instruments derived therefrom, or any other similar information of any type or description, however such information might be obtained or recorded, arising out of or in any way relating to the business of the Company or obtained as a result of his employment engagement by the CompanyCompany except as disseminated to the public at large or industry generally. The Executive Consultant acknowledges that all of the foregoing are proprietary information, and are the exclusive property of the Company. The covenants contained in this Section 18 10 shall survive the termination of this Agreement.

Confidentiality of Information; Duty of Non-Disclosure. (a) c. The Executive acknowledges and agrees that his employment by the Company Corporation under this Agreement necessarily involves his understanding of and access to certain trade secrets and confidential information pertaining to the business of the CompanyCorporation. Accordingly, the Executive agrees that at all times after the date of this Agreement at all times he/she he will not, directly or indirectly, without the express consent permission of the CompanyCorporation, disclose to or use for the benefit of any person, corporation or other entity, or for himself/herself himself any and all files, trade secrets or other confidential information concerning the internal affairs of the CompanyCorporation, including, but not limited to, information pertaining to its clients, services, products, earnings, finances, manufacturing, operations, methods suppliers, including without limitation its overseas network of suppliers and other relations, methods, distribution system or other activities, activities ("Proprietary Information"); provided, however, that the foregoing shall not apply to information which is of public record or is generally known, disclosed or available to the general public or the industry generally. Further, the Executive agrees that he/she he shall not, directly or indirectly, remove or retain, without the express prior written consent of the CompanyCorporation, and upon termination of this Agreement for any reason shall return to the CompanyCorporation, any figures, calculations, letters, papers, records, computer disks, computer print-outs, lists, documents, instruments, drawings, designs, programs, brochures, sales literature, or any copies thereof, or any information or instruments derived therefrom, or any other similar information of any type or description, however such information might be obtained or recorded, arising out of or in any way relating to the business of the Company Corporation or obtained as a result of his employment by the CompanyCorporation. The Executive acknowledges that all of the foregoing are proprietary information, and are the exclusive property of the CompanyCorporation. The covenants contained in this Section 18 Paragraph 7 shall survive the termination of Executive's employment or this Agreement.

Confidentiality of Information; Duty of Non-Disclosure. (a) The Executive Key Employee acknowledges and agrees that his his/her employment by the Company under this Agreement necessarily involves his his/her understanding of and access to certain trade secrets and confidential information pertaining to the business Business of the Company. Accordingly, the Executive Key Employee agrees that after the date of this Agreement at all times he/she will not, directly or indirectly, without the express written consent of the Company, disclose to or use for the benefit of any person, corporation or other entity, or for himself/herself any and all files, trade secrets or other confidential information concerning the internal affairs of the Company, including, but not limited to, information pertaining to its trade secrets, Business plans, clients, services, products, earnings, finances, operations, methods or other activities, provided, however, that the foregoing shall not apply to information which is of public record or is generally known, disclosed or available to the general public or the industry generally. Further, the Executive Key Employee agrees that he/she shall not, directly or indirectly, remove or retain, without the express prior written consent of the Company, and upon termination of this Agreement for any reason shall return to the Company, any figures, calculations, letters, papers, records, computer disks, computer print-outs, lists, documents, instruments, drawings, designs, programs, brochures, sales literature, Business plans or any copies thereof, or any information or instruments derived therefrom, or any other similar information of any type or description, however such information might be obtained or recorded, arising out of or in any way relating to the business Business of the Company or obtained as a result of his his/her employment by the CompanyCompany except as disseminated to the public at large or industry generally. The Executive Key Employee acknowledges that all of the foregoing are proprietary information, and are the exclusive property of the Company. The covenants contained in this Section 18 10 shall survive the termination of this Agreement.

Confidentiality of Information; Duty of Non-Disclosure. (a) The Executive acknowledges and agrees that his employment by the Company MTLM under this Agreement necessarily involves his understanding of and access to certain trade secrets and confidential information pertaining to the business of the CompanyMTLM or any subsidiary or affiliate of MTLM. Accordingly, during the Employment Period, and until the expiration of the Non-Competition Period, Executive agrees that after the date of this Agreement at all times he/she will shall not, directly or indirectly, without the express prior written consent of the CompanyMTLM, disclose to or use for the benefit of any person, corporation or other entity, or for himself/herself himself any and all files, trade secrets or other confidential information concerning the internal affairs of the CompanyMTLM or any subsidiary or affiliate of MTLM, including, but not limited to, confidential information pertaining to its clients, services, products, earnings, finances, operations, methods or other activities, ; provided, however, that the foregoing shall not apply to information which is of public record or is generally known, disclosed or available to the general public or the industry generally. Further, the Executive agrees that he/she shall not, directly or indirectly, remove or retain, without the express prior written consent of the CompanyMTLM, and upon termination of this Agreement for any reason shall return to the CompanyMTLM, any confidential figures, calculations, letters, papers, records, computer disks, computer print-outs, lists, documents, instruments, drawings, designs, programs, brochures, sales literature, or any copies thereof, or any information or instruments derived therefrom, or any other similar information of any type or description, however such information might be obtained or recorded, arising out of or in any way relating to the business of the Company MTLM or any subsidiary or affiliate of MTLM or obtained as a result of his employment by the CompanyMTLM or any subsidiary or affiliate of MTLM. The Executive acknowledges that all of the foregoing are proprietary information, and are the exclusive property of the CompanyMTLM. The covenants contained in this Section 18 11 shall survive the termination of this Agreement.

Confidentiality of Information; Duty of Non-Disclosure. (a) The Executive Consultant acknowledges and agrees that his employment Consultant’s engagement by the Company Corporation under this Agreement necessarily involves his Consultant’s understanding of and access to certain trade secrets and confidential information pertaining to the business of the CompanyCorporation. Accordingly, the Executive Consultant agrees that after the date of this Agreement at all times he/she Consultant will not, directly or indirectly, without the express written consent of the CompanyCorporation, disclose to or use for the benefit of any person, corporation or other entity, or for himself/herself Consultant any and all files, trade secrets or other confidential information concerning the internal affairs of the CompanyCorporation, including, but not limited to, information pertaining to its trade secrets, business plans, clients, services, products, earnings, finances, operations, methods or other activities, provided, however, that the foregoing shall not apply to information which is of public record or is generally known, disclosed or available to the general public or the industry generally. Further, the Executive Consultant agrees that he/she Consultant shall not, directly or indirectly, remove or retain, without the express prior written consent of the CompanyCorporation, and upon termination of this Agreement for any reason shall return to the CompanyCorporation, any figures, calculations, letters, papers, records, computer disks, computer print-outs, lists, documents, instruments, drawings, designs, programs, brochures, sales literature, business plans or any copies thereof, or any information or instruments derived therefrom, or any other similar information of any type or description, however such information might be obtained or recorded, arising out of or in any way relating to the business of the Company Corporation or obtained as a result of his employment engagement by the CompanyCorporation except as disseminated to the public at large or industry generally. The Executive Consultant acknowledges that all of the foregoing are proprietary information, and are the exclusive property of the CompanyCorporation. The covenants contained in this Section 18 10 shall survive the termination of this Agreement.

Confidentiality of Information; Duty of Non-Disclosure. (a) The Executive acknowledges and agrees that his his/her employment by the Company under this Agreement necessarily involves his his/her understanding of and access to certain trade secrets and confidential information pertaining to the business Business of the Company. Accordingly, the Executive agrees that after the date of this Agreement at all times he/she will not, directly or indirectly, without the express consent of the Company, disclose to or use for the benefit of any person, corporation or other entity, or for himself/herself any and all files, trade secrets or other confidential information concerning the internal affairs of the Company, including, but not limited to, information pertaining to its clientscustomers, prospective customers, services, products, earnings, finances, operations, methods or other activities, provided, however, that the foregoing shall not apply to information which is of public record or is generally known, disclosed or available to the general public or the industry generally, or known by Executive prior to his/her employment with the Company. Further, the Executive agrees that he/she shall not, directly or indirectly, remove or retain, without the express prior written consent of the Company, and upon termination of this Agreement for any reason shall return to the Company, any confidential figures, calculations, letters, papers, records, computer disks, computer print-outs, lists, documents, instruments, drawings, designs, programs, brochures, sales literature, or any copies thereof, or any information or instruments derived therefrom, or any other similar information of any type or description, however such information might be obtained or recorded, arising out of or in any way relating to the business Business of the Company or obtained as a result of his his/her employment by the Company. The Executive acknowledges that all of the foregoing are proprietary information, and are the exclusive property of the Company. The covenants contained in this Section 18 7 shall survive the termination of this Agreement.

Confidentiality of Information; Duty of Non-Disclosure. (a) The Executive Key Employee acknowledges and agrees that his his/her employment by the Company under this Agreement necessarily involves his his/her understanding of and access to certain trade secrets and confidential information pertaining to the business of the Company. Accordingly, the Executive Key Employee agrees that after the date of this Agreement at all times he/she will not, directly or indirectly, without the express written consent of the Company, disclose to or use for the benefit of any person, corporation or other entity, or for himself/herself any and all files, trade secrets or other confidential information concerning the internal affairs of the Company, including, but not limited to, information pertaining to its trade secrets, business plans, clients, services, products, earnings, finances, operations, methods or other activities, provided, however, that the foregoing shall not apply to information which is of public record or is generally known, disclosed or available to the general public or the industry generally. Further, the Executive Key Employee agrees that he/she shall not, directly or indirectly, remove or retain, without the express prior written consent of the Company, and upon termination of this Agreement for any reason shall return to the Company, any figures, calculations, letters, papers, records, computer disks, computer print-outs, lists, documents, instruments, drawings, designs, programs, brochures, sales literature, business plans or any copies thereof, or any information or instruments derived therefrom, or any other similar information of any type or description, however such information might be obtained or recorded, arising out of or in any way relating to the business of the Company or obtained as a result of his his/her employment by the CompanyCompany except as disseminated to the public at large or industry generally. The Executive Key Employee acknowledges that all of the foregoing are proprietary information, and are the exclusive property of the Company. The covenants contained in this Section 18 10 shall survive the termination of this Agreement.

Confidentiality of Information; Duty of Non-Disclosure. (a) The Executive acknowledges and agrees that his employment by the Company under this Agreement agreement necessarily involves his understanding of and access to certain trade secrets and confidential information pertaining to the business of the Company. Accordingly, the Executive agrees that after the date of this Agreement at all times he/she times, whether during or after the termination of the Employment Period, he will not, directly or indirectly, without the express prior written consent of the Company, disclose to or use for the benefit of any person, corporation or other entity, or for himself/herself himself any and all files, trade secrets or other confidential information concerning the internal affairs of the CompanyCompany or its subsidiaries or affiliates, including, but not limited to, information pertaining to its clients, services, products, earnings, finances, operations, methods or other activities, ; provided, however, that the foregoing shall not apply to information which is of public record or is generally known, disclosed or available to the general public or the industry generally. Further, the Executive agrees that he/she he shall not, directly or indirectly, remove or retain, without the express prior written consent of the Company, and upon termination of this Agreement for any reason shall return to the Company, any figures, calculations, letters, papers, records, computer disks, computer print-outsprintouts, customer lists, price lists, other lists, contracts, business plans, forms, manuals, other documents, instruments, drawings, designs, programs, brochures, sales literature, or any copies or reproductions thereof, or any information or instruments derived therefrom, or any other similar information of any type or description, however such information might be obtained or recorded, arising out of or in any way relating to the business of the Company or obtained as a result of his employment by the Company. The Executive acknowledges that all of the foregoing are proprietary information, and are the exclusive property of the Company. The covenants contained in this Section 18 shall survive the termination of this Agreement.

Confidentiality of Information; Duty of Non-Disclosure. (a) The Executive acknowledges and agrees that his employment Executive's Employment by the Company under this Agreement necessarily involves his Executive's understanding of and access to certain trade secrets and confidential information pertaining to the business of the Company. Accordingly, the Executive agrees that after the date of this Agreement at all times he/she Executive will not, directly or indirectly, without the express written consent of the Company, disclose to or use for the benefit of any person, corporation or other entity, or for himself/herself Executive any and all files, trade secrets or other confidential information concerning the internal affairs of the Company, including, but not limited to, information pertaining to its trade secrets, business plans, clients, services, products, earnings, finances, operations, methods or other activities, provided, however, that the foregoing shall not apply to information which is of public record or is generally known, disclosed or available to the general public or the industry generally. Further, the Executive agrees that he/she Executive shall not, directly or indirectly, remove or retain, without the express prior written consent of the Company, and upon termination of this Agreement for any reason shall return to the Company, any figures, calculations, letters, papers, records, computer disks, computer print-outs, lists, documents, instruments, drawings, designs, programs, brochures, sales literature, business plans or any copies thereof, or any information or instruments derived therefrom, or any other similar information of any type or description, however such information might be obtained or recorded, arising out of or in any way relating to the business of the Company or obtained as a result of his employment Employment by the CompanyCompany except as disseminated to the public at large or industry generally. The Executive acknowledges that all of the foregoing are proprietary information, and are the exclusive property of the Company. The covenants contained in this Section 18 9 shall survive Executive's employment and the termination of this Agreement.