Common use of Confidentiality, Proprietary Information and Inventions Clause in Contracts

Confidentiality, Proprietary Information and Inventions. (a) During the term of the Executive’s employment with Fidelity Southern or the Bank, and at all times thereafter, the Executive shall not use or disclose to others, without the prior written consent of Fidelity Southern and the Bank, any Trade Secrets (as hereinafter defined) of Fidelity Southern or the Bank, or any Affiliate or any of their customers, except for use or disclosure thereof in the course of the business of Fidelity Southern or the Bank (or that of any Affiliate), and such disclosure shall be limited to those who have a need to know. (b) During the term of the Executive’s employment with Fidelity Southern or the Bank, and for twelve (12) months after the Executive’s Termination of Employment with Fidelity Southern or the Bank for any reason, the Executive shall not use or disclose to others, without the prior written consent of Fidelity Southern and the Bank, any Confidential Information (as hereinafter defined) of Fidelity Southern or the Bank, or any Affiliate or any of their customers, except for use or disclosure thereof in the course of the business of Fidelity Southern or the Bank (or that of any Affiliate), and such disclosure shall be limited to those who have a need to know. (c) Upon a Termination of Employment with Fidelity Southern or the Bank for any reason, the Executive shall not take with him any documents or data of Fidelity Southern or the Bank or any Affiliate or of any customer thereof or any reproduction thereof and agrees to return any such documents and data in his possession at that time. (d) The Executive agrees to take reasonable precautions to safeguard and maintain the confidentiality and secrecy and limit the use of all Trade Secrets and Confidential Information of Fidelity Southern, the Bank and all subsidiaries and customers thereof. (e) Trade Secrets shall include only such information constituting a “Trade Secret” within the meaning of subsection 10-1-761(4) of the Georgia Trade Secrets Act of 1990, including as hereafter amended. Confidential Information shall include all information and data which is protectable as a legal form of property or non-public information of Fidelity Southern or the Bank or their customers, excluding any information or data which constitutes a Trade Secret. (f) Trade Secrets and Confidential Information shall not include any information (A) which becomes publicly known through no fault or act of the Executive; (B) is lawfully received by the Executive from a third party after a Termination of Employment without a similar restriction regarding confidentiality and use and without a breach of this Agreement or (C) which is independently developed by the Executive and entirely unrelated to the business of providing banking or banking related services. (g) The Executive agrees that any and all information and data originated by the Executive while employed by Fidelity Southern or the Bank and, where applicable, by other employees or associates under the Executive’s direction or supervision in connection with or as a result of any work or service performed under the terms of the Executive’s employment, shall be promptly disclosed to Fidelity Southern and the Bank, shall become Fidelity Southern and/or the Bank’s property, and shall be kept confidential by the Executive. Any and all such information and data, reduced to written, graphic or other tangible form and any and all copies and reproduction thereof shall be furnished to Fidelity Southern and the Bank upon request and in any case shall be returned to Fidelity Southern and the Bank upon the Executive’s Termination of Employment with Fidelity Southern or the Bank. (h) The Executive agrees that the Executive will promptly disclose to Fidelity Southern and the Bank all inventions or discoveries made, conceived or for the first time reduced to practice in connection with or as a result of the work and/or services the Executive performs for Fidelity Southern or the Bank. (i) The Executive agrees that he will assign the entire right, title and interest in any such invention or inventions and any patents that may be granted thereon in any country in the world concerning such inventions to Fidelity Southern and the Bank. The Executive further agrees that the Executive will, without expense to Fidelity Southern or the Bank, execute all documents and do all acts which may be necessary, desirable or convenient to enable Fidelity Southern and the Bank, at its expense, to file and prosecute applications for patents on such inventions, and to maintain patents granted thereon.

Confidentiality, Proprietary Information and Inventions. (a) During the term of the Executive’s employment with Fidelity Southern or the BankFidelity, and at all times thereafter, the Executive shall not use or disclose to others, without the prior written consent of Fidelity Southern and the BankFidelity, any Trade Secrets (as hereinafter defined) of Fidelity Southern or the BankFidelity, or any Affiliate or any of their customers, except for use or disclosure thereof in the course of the business of Fidelity Southern or the Bank (or that of any Affiliate), and such disclosure shall be limited to those who have a need to know. (b) During the term of the Executive’s employment with Fidelity Southern or the BankFidelity, and for twelve (12) months after the Executive’s Termination of Employment with Fidelity Southern or the Bank for any reason, the Executive shall not use or disclose to others, without the prior written consent of Fidelity Southern and the BankFidelity, any Confidential Information (as hereinafter defined) of Fidelity Southern or the BankFidelity, or any Affiliate or any of their customers, except for use or disclosure thereof in the course of the business of Fidelity Southern or the Bank (or that of any Affiliate), and such disclosure shall be limited to those who have a need to know. (c) Upon a Termination of Employment with Fidelity Southern or the Bank for any reason, the Executive shall not take with him any documents or data of Fidelity Southern or the Bank or any Affiliate or of any customer thereof or any reproduction thereof and agrees to return any such documents and data in his possession at that time. (d) The Executive agrees to take reasonable precautions to safeguard and maintain the confidentiality and secrecy and limit the use of all Trade Secrets and Confidential Information of Fidelity Southern, the Bank and all subsidiaries and customers thereof. (e) Trade Secrets shall include only such information constituting a “Trade Secret” within the meaning of subsection 10-1-761(4) of the Georgia Trade Secrets Act of 1990, including as hereafter amended. Confidential Information shall include all information and data which is protectable as a legal form of property or non-public information of Fidelity Southern or the Bank or their customers, excluding any information or data which constitutes a Trade Secret. (f) Trade Secrets and Confidential Information shall not include any information (A) which becomes publicly known through no fault or act of the Executive; (B) is lawfully received by the Executive from a third party after a Termination of Employment without a similar restriction regarding confidentiality and use and without a breach of this Agreement or (C) which is independently developed by the Executive and entirely unrelated to the business of providing banking or banking related services. (g) The Executive agrees that any and all information and data originated by the Executive while employed by Fidelity Southern or the Bank and, where applicable, by other employees or associates under the Executive’s direction or supervision in connection with or as a result of any work or service performed under the terms of the Executive’s employment, shall be promptly disclosed to Fidelity Southern and the BankFidelity, shall become Fidelity Southern and/or the BankFidelity’s property, and shall be kept confidential by the Executive. Any and all such information and data, reduced to written, graphic or other tangible form and any and all copies and reproduction thereof shall be furnished to Fidelity Southern and the Bank upon request and in any case shall be returned to Fidelity Southern and the Bank upon the Executive’s Termination of Employment with Fidelity Southern or the BankEmployment. (h) The Executive agrees that the Executive will promptly disclose to Fidelity Southern and the Bank all inventions or discoveries made, conceived or for the first time reduced to practice in connection with or as a result of the work and/or services the Executive performs for Fidelity Southern or the BankFidelity. (i) The Executive agrees that he will assign the entire right, title and interest in any such invention or inventions and any patents that may be granted thereon in any country in the world concerning such inventions to Fidelity Southern and the BankFidelity. The Executive further agrees that the Executive will, without expense to Fidelity Southern or the BankFidelity, execute all documents and do all acts which may be necessary, desirable or convenient to enable Fidelity Southern and the BankFidelity, at its expense, to file and prosecute applications for patents on such inventions, and to maintain patents granted thereon.

Confidentiality, Proprietary Information and Inventions. (a) During the term of the Executive’s 's employment with Fidelity Southern or the Bank, and at all times thereafter, the Executive shall not use or disclose to others, without the prior written consent of Fidelity Southern and the Bank, any Trade Secrets (as hereinafter defined) of Fidelity Southern or the Bank, or any Affiliate or any of their customers, except for use or disclosure thereof in the course of the business of Fidelity Southern or the Bank (or that of any Affiliate), and such disclosure shall be limited to those who have a need to know. (b) During the term of the Executive’s 's employment with Fidelity Southern or the Bank, and for twelve (12) months after the Executive’s 's Termination of Employment with Fidelity Southern or the Bank for any reason, the Executive shall not use or disclose to others, without the prior written consent of Fidelity Southern and the Bank, any Confidential Information (as hereinafter defined) of Fidelity Southern or the Bank, or any Affiliate or any of their customers, except for use or disclosure thereof in the course of the business of Fidelity Southern or the Bank (or that of any Affiliate), and such disclosure shall be limited to those who have a need to know. (c) Upon a Termination of Employment with Fidelity Southern or the Bank for any reason, the Executive shall not take with him any documents or data of Fidelity Southern or the Bank or any Affiliate or of any customer thereof or any reproduction thereof and agrees to return any such documents and data in his possession at that time. (d) The Executive agrees to take reasonable precautions to safeguard and maintain the confidentiality and secrecy and limit the use of all Trade Secrets and Confidential Information of Fidelity Southern, the Bank and all subsidiaries and customers thereof. (e) Trade Secrets shall include only such information constituting a “"Trade Secret” " within the meaning of subsection 10-1-761(4) of the Georgia Trade Secrets Act of 1990, including as hereafter amended. Confidential Information shall include all information and data which is protectable as a legal form of property or non-public information of Fidelity Southern or the Bank or their customers, excluding any information or data which constitutes a Trade Secret. (f) Trade Secrets and Confidential Information shall not include any information (A) which becomes publicly known through no fault or act of the Executive; (B) is lawfully received by the Executive from a third party after a Termination of Employment without a similar restriction regarding confidentiality and use and without a breach of this Agreement or (C) which is independently developed by the Executive and entirely unrelated to the business of providing banking or banking related services. (g) The Executive agrees that any and all information and data originated by the Executive while employed by Fidelity Southern or the Bank and, where applicable, by other employees or associates under the Executive’s 's direction or supervision in connection with or as a result of any work or service performed under the terms of the Executive’s 's employment, shall be promptly disclosed to Fidelity Southern and the Bank, shall become Fidelity Southern and/or the Bank’s 's property, and shall be kept confidential by the Executive. Any and all such information and data, reduced to written, graphic or other tangible form and any and all copies and reproduction thereof shall be furnished to Fidelity Southern and the Bank upon request and in any case shall be returned to Fidelity Southern and the Bank upon the Executive’s 's Termination of Employment with Fidelity Southern or the Bank. (h) The Executive agrees that the Executive will promptly disclose to Fidelity Southern and the Bank all inventions or discoveries made, conceived or for the first time reduced to practice in connection with or as a result of the work and/or services the Executive performs for Fidelity Southern or the Bank. (i) The Executive agrees that he will assign the entire right, title and interest in any such invention or inventions and any patents that may be granted thereon in any country in the world concerning such inventions to Fidelity Southern and the Bank. The Executive further agrees that the Executive will, without expense to Fidelity Southern or the Bank, execute all documents and do all acts which may be necessary, desirable or convenient to enable Fidelity Southern and the Bank, at its expense, to file and prosecute applications for patents on such inventions, and to maintain patents granted thereon.

Confidentiality, Proprietary Information and Inventions. (a) During the term of the Executive’s 's employment with Fidelity Southern or the Bank, and at all times thereafter, the Executive shall not use or disclose to others, without the prior written consent of Fidelity Southern and the Bank, any Trade Secrets (as hereinafter defined) of Fidelity Southern or the Bank, or any Affiliate subsidiary thereof or any of their customers, except for use or disclosure thereof in the course of the business of Fidelity Southern or the Bank (or that of any Affiliatesubsidiary), and such disclosure shall be limited to those who have a need to know. (b) During the term of the Executive’s 's employment with Fidelity Southern or the Bank, and for twelve eighteen (1218) months after the Executive’s Termination termination of Employment his employment with Fidelity Southern or the Bank for any reason, the Executive shall not use or disclose to others, without the prior written consent of Fidelity Southern and the Bank, any Confidential Information (as hereinafter defined) of Fidelity Southern or the Bank, or any Affiliate subsidiary thereof or any of their customers, except for use or disclosure thereof in the course of the business of Fidelity Southern or the Bank (or that of any Affiliatesubsidiary), and such disclosure shall be limited to those who have a need to know. (c) Upon a Termination termination of Employment employment with Fidelity Southern or the Bank for any reason, the Executive shall not take with him any documents or data of Fidelity Southern or the Bank or any Affiliate subsidiary or of any customer thereof or any reproduction thereof and agrees to return any such documents and data in his possession at that time. (d) The Executive agrees to take reasonable precautions to safeguard and maintain the confidentiality and secrecy and limit the use of all Trade Secrets and Confidential Information of Fidelity Southern, the Bank and all subsidiaries and customers thereof. (e) Trade Secrets shall include only such information constituting a “"Trade Secret” " within the meaning of subsection 10-1-761(4) of the Georgia Trade Secrets Act of 1990, including as hereafter amended. Confidential Information shall include all information and data which is protectable as a legal form of property or non-public information of Fidelity Southern or the Bank or their customers, excluding any information or data which constitutes a Trade Secret. (f) Trade Secrets and Confidential Information shall not include any information (A) which becomes publicly known through no fault or act of the Executive; (B) is lawfully received by the Executive from a third party after a Termination termination of Employment employment without a similar restriction regarding confidentiality and use and without a breach of this Agreement Agreement; or (C) which is independently developed by the Executive and entirely unrelated to the business of providing banking or banking related services. (g) The Executive agrees that any and all information and data originated by the Executive while employed by Fidelity Southern or the Bank and, where applicable, by other employees or associates under the Executive’s 's direction or supervision in connection with or as a result of any work or service performed under the terms of the Executive’s 's employment, shall be promptly disclosed to Fidelity Southern and the Bank, shall become Fidelity Southern and/or the Bank’s 's property, and shall be kept confidential by the Executive. Any and all such information and data, reduced to written, graphic graphic, or other tangible form and any and all copies and reproduction thereof shall be furnished to Fidelity Southern and the Bank upon request and in any case shall be returned to Fidelity Southern and the Bank upon the termination of Executive’s Termination of Employment 's employment with Fidelity Southern or the Bank. (h) The Executive agrees that the Executive will promptly disclose to Fidelity Southern and the Bank all inventions or discoveries made, conceived conceived, or for the first time reduced to practice in connection with or as a result of the work and/or services the Executive performs for Fidelity Southern or the Bank. (i) The Executive agrees that he will assign the entire right, title title, and interest in any such invention or inventions and any patents that may be granted thereon in any country in the world concerning such inventions to Fidelity Southern and the Bank. The Executive further agrees that the Executive will, without expense to Fidelity Southern or the Bank, execute all documents and do all acts which may be necessary, desirable desirable, or convenient to enable Fidelity Southern and the Bank, at its expense, to file and prosecute applications for patents on such inventions, and to maintain patents granted thereon.

Confidentiality, Proprietary Information and Inventions. (a) During the term of the Executive’s 's employment with Fidelity Southern or the Bank, and at all times thereafter, the Executive shall not use or disclose to others, without the prior written consent of Fidelity Southern and the Bank, any Trade Secrets (as hereinafter defined) of Fidelity Southern or the Bank, or any Affiliate subsidiary thereof or any of their customers, except for use or disclosure thereof in the course of the business of Fidelity Southern or the Bank (or that of any Affiliatesubsidiary), and such disclosure shall be limited to those who have a need to know. (b) During the term of the Executive’s 's employment with Fidelity Southern or the Bank, and for twelve (12) months after the Executive’s Termination termination of Employment his employment with Fidelity Southern or the Bank for any reason, the Executive shall not use or disclose to others, without the prior written consent of Fidelity Southern and the Bank, any Confidential Information (as hereinafter defined) of Fidelity Southern or the Bank, or any Affiliate subsidiary thereof or any of their customers, except for use or disclosure thereof in the course of the business of Fidelity Southern or the Bank (or that of any Affiliatesubsidiary), and such disclosure shall be limited to those who have a need to know. (c) Upon a Termination termination of Employment employment with Fidelity Southern or the Bank for any reason, the Executive shall not take with him any documents or data of Fidelity Southern or the Bank or any Affiliate subsidiary or of any customer thereof or any reproduction thereof and agrees to return any such documents and data in his possession at that time. (d) The Executive agrees to take reasonable precautions to safeguard and maintain the confidentiality and secrecy and limit the use of all Trade Secrets and Confidential Information of Fidelity Southern, the Bank and all subsidiaries and customers thereof. (e) Trade Secrets shall include only such information constituting a “"Trade Secret” " within the meaning of subsection 10-1-761(4) of the Georgia Trade Secrets Act of 1990, including as hereafter amended. Confidential Information shall include all information and data which is protectable as a legal form of property or non-public information of Fidelity Southern or the Bank or their customers, excluding any information or data which constitutes a Trade Secret. (f) Trade Secrets and Confidential Information shall not include any information (A) which becomes publicly known through no fault or act of the Executive; (B) is lawfully received by the Executive from a third party after a Termination termination of Employment employment without a similar restriction regarding confidentiality and use and without a breach of this Agreement Agreement; or (C) which is independently developed by the Executive and entirely unrelated to the business of providing banking or banking related services. (g) The Executive agrees that any and all information and data originated by the Executive while employed by Fidelity Southern or the Bank and, where applicable, by other employees or associates under the Executive’s 's direction or supervision in connection with or as a result of any work or service performed under the terms of the Executive’s 's employment, shall be promptly disclosed to Fidelity Southern and the Bank, shall become Fidelity Southern and/or the Bank’s 's property, and shall be kept confidential by the Executive. Any and all such information and data, reduced to written, graphic graphic, or other tangible form and any and all copies and reproduction thereof shall be furnished to Fidelity Southern and the Bank upon request and in any case shall be returned to Fidelity Southern and the Bank upon the termination of Executive’s Termination of Employment 's employment with Fidelity Southern or the Bank. (h) The Executive agrees that the Executive will promptly disclose to Fidelity Southern and the Bank all inventions or discoveries made, conceived conceived, or for the first time reduced to practice in connection with or as a result of the work and/or services the Executive performs for Fidelity Southern or the Bank. (i) The Executive agrees that he will assign the entire right, title title, and interest in any such invention or inventions and any patents that may be granted thereon in any country in the world concerning such inventions to Fidelity Southern and the Bank. The Executive further agrees that the Executive will, without expense to Fidelity Southern or the Bank, execute all documents and do all acts which may be necessary, desirable desirable, or convenient to enable Fidelity Southern and the Bank, at its expense, to file and prosecute applications for patents on such inventions, and to maintain patents granted thereon.

Confidentiality, Proprietary Information and Inventions. (a) During the term of the Executive’s 's employment with Fidelity Southern or the Bank, and at all times thereafter, the Executive shall not use or disclose to others, without the prior written consent of Fidelity Southern and the Bank, any Trade Secrets (as hereinafter defined) of Fidelity Southern or the Bank, or any Affiliate or any of their customers, except for use or disclosure thereof in the course of the business of Fidelity Southern or the Bank (or that of any Affiliate), and such disclosure shall be limited to those who have a need to know. (b) During the term of the Executive’s 's employment with Fidelity Southern or the Bank, and for twelve eighteen (1218) months after the Executive’s 's Termination of Employment with Fidelity Southern or the Bank for any reason, the Executive shall not use or disclose to others, without the prior written consent of Fidelity Southern and the Bank, any Confidential Information (as hereinafter defined) of Fidelity Southern or the Bank, or any Affiliate or any of their customers, except for use or disclosure thereof in the course of the business of Fidelity Southern or the Bank (or that of any Affiliate), and such disclosure shall be limited to those who have a need to know. (c) Upon a Termination of Employment with Fidelity Southern or the Bank for any reason, the Executive shall not take with him any documents or data of Fidelity Southern or the Bank or any Affiliate or of any customer thereof or any reproduction thereof and agrees to return any such documents and data in his possession at that time. (d) The Executive agrees to take reasonable precautions to safeguard and maintain the confidentiality and secrecy and limit the use of all Trade Secrets and Confidential Information of Fidelity Southern, the Bank and all subsidiaries and customers thereof. (e) Trade Secrets shall include only such information constituting a “"Trade Secret” " within the meaning of subsection 10-1-761(4) of the Georgia Trade Secrets Act of 1990, including as hereafter amended. Confidential Information shall include all information and data which is protectable as a legal form of property or non-public information of Fidelity Southern or the Bank or their customers, excluding any information or data which constitutes a Trade Secret. (f) Trade Secrets and Confidential Information shall not include any information (A) which becomes publicly known through no fault or act of the Executive; (B) is lawfully received by the Executive from a third party after a Termination of Employment without a similar restriction regarding confidentiality and use and without a breach of this Agreement or (C) which is independently developed by the Executive and entirely unrelated to the business of providing banking or banking related services. (g) The Executive agrees that any and all information and data originated by the Executive while employed by Fidelity Southern or the Bank and, where applicable, by other employees or associates under the Executive’s 's direction or supervision in connection with or as a result of any work or service performed under the terms of the Executive’s 's employment, shall be promptly disclosed to Fidelity Southern and the Bank, shall become Fidelity Southern and/or the Bank’s 's property, and shall be kept confidential by the Executive. Any and all such information and data, reduced to written, graphic or other tangible form and any and all copies and reproduction thereof shall be furnished to Fidelity Southern and the Bank upon request and in any case shall be returned to Fidelity Southern and the Bank upon the Executive’s 's Termination of Employment with Fidelity Southern or the Bank. (h) The Executive agrees that the Executive will promptly disclose to Fidelity Southern and the Bank all inventions or discoveries made, conceived or for the first time reduced to practice in connection with or as a result of the work and/or services the Executive performs for Fidelity Southern or the Bank. (i) The Executive agrees that he will assign the entire right, title and interest in any such invention or inventions and any patents that may be granted thereon in any country in the world concerning such inventions to Fidelity Southern and the Bank. The Executive further agrees that the Executive will, without expense to Fidelity Southern or the Bank, execute all documents and do all acts which may be necessary, desirable or convenient to enable Fidelity Southern and the Bank, at its expense, to file and prosecute applications for patents on such inventions, and to maintain patents granted thereon.

Confidentiality, Proprietary Information and Inventions. (a) During the term of the Executive’s Miller's employment with Fidelity Southern or the Bank, and at all times thereaftertherexxxxx, the Executive Xiller shall not use or disclose to others, without the prior written consent xxxxxnt of Fidelity Southern and the Bank, any Trade Secrets (as hereinafter defined) of Fidelity Southern or the Bank, or any Affiliate subsidiary thereof or any of their customers, except for use or disclosure thereof in the course of the business of Fidelity Southern or the Bank (or that of any Affiliatesubsidiary), and such disclosure shall be limited to those who have a need to know. (b) During the term of the Executive’s Miller's employment with Fidelity Southern or the Bank, and for twelve eighteen (1218) months after the Executive’s xxxxxx xfter Miller's Termination of Employment with Fidelity Southern or the Bank for any reason, the Executive Miller shall not use or disclose uxx xx xxsclose to others, without the prior written consent xxxxxnt of Fidelity Southern and the Bank, any Confidential Information (as hereinafter defined) of Fidelity Southern or the Bank, or any Affiliate subsidiary thereof or any of their customers, except for use or disclosure thereof in the course of the business of Fidelity Southern or the Bank (or that of any Affiliatesubsidiary), and such disclosure shall be limited to those who have a need to know. (c) Upon a Miller's Termination of Employment with Fidelity Southern or the Bank for any reason, the Executive Miller shall not take with txxx xxxx him any documents or data of Fidelity Southern or the Bank txx Xxxk or any Affiliate subsidiary or of any customer thereof or any reproduction thereof and agrees to return any such documents and data in his possession at that time. (d) The Executive Miller agrees to take reasonable precautions to safeguard and maintain the maintaix xxx confidentiality and secrecy and limit the use of all Trade Secrets and Confidential Information of Fidelity SouthernFidelity, the Bank and all subsidiaries and customers thereof. (e) Trade Secrets shall include only such information constituting a “"Trade Secret” " within the meaning of subsection 10-1-761(4) of the Georgia Trade Secrets Act of 1990, including as hereafter amended. Confidential Information shall include all information and data which is protectable as a legal form of property or non-public information of Fidelity Southern or the Bank or their customers, excluding any information or data which constitutes a Trade Secret. (f) Trade Secrets and Confidential Information shall not include any information (A) which becomes publicly known through no fault or act of the ExecutiveMiller; (B) is lawfully received by the Executive Miller from a third party after a Termination Txxxxxxtion of Employment without a similar sxxxxxx restriction regarding confidentiality and use and without a breach of this Agreement Agreement; or (C) which is independently developed by the Executive Miller and entirely unrelated to the business of providing banking or banking xxxxxng related services. (g) The Executive Miller agrees that any and all information and data originated by the Executive while Milxxx xxile employed by Fidelity Southern or the Bank and, where applicable, by other xx xxxer employees or associates under the Executive’s Miller's direction or supervision in connection with or as a result of any work ox xxx xxrk or service performed under the terms of the Executive’s Miller's employment, shall be promptly disclosed to Fidelity Southern and the BankXxxx, shall xxall become Fidelity Southern and/or the Bank’s 's property, and shall be kept confidential by the ExecutiveMiller. Any and all such information and data, reduced to written, graphic grxxxxx, or other tangible form and any and all copies and reproduction thereof shall be furnished to Fidelity Southern and the Bank upon request and in any case shall be returned to Fidelity Southern and the Bank upon the Executive’s Miller's Termination of Employment with Fidelity Southern or the BankEmployment. (h) The Executive Miller agrees that the Executive Xxxxxx will promptly disclose to Fidelity Southern and the Bank all Xxxx xll inventions or discoveries xx xxscoveries made, conceived conceived, or for the first time reduced to practice in connection with or as a result of the work and/or services the Executive Miller performs for Fidelity Southern or the Bank. (i) The Executive agrees that Miller agreex xxxx he will assign the entire right, title title, and interest in interexx xx any such invention or inventions and any patents that may be granted thereon in any country in the world concerning such inventions to Fidelity Southern and the Bank. The Executive Miller further agrees that the Executive Miller will, without expense to Fidelity Southern or the ox xxx Bank, execute all documents docxxxxxx and do all acts which may be necessary, desirable desirable, or convenient to enable Fidelity Southern and the Bank, at its expense, to file and prosecute applications for patents on such inventions, and to maintain patents granted thereon.

Confidentiality, Proprietary Information and Inventions. (a) During the term of the Executive’s employment with Fidelity Southern or the Bank, and at all times thereafter, the Executive shall not use or disclose to others, without the prior written consent of Fidelity Southern and the Bank, any Trade Secrets (as hereinafter defined) of Fidelity Southern or the Bank, or any Affiliate or any of their customers, except for use or disclosure thereof in the course of the business of Fidelity Southern or the Bank (or that of any Affiliate), and such disclosure shall be limited to those who have a need to know. (b) During the term of the Executive’s employment with Fidelity Southern or the Bank, and for twelve (12) months after the Executive’s Termination of Employment with Fidelity Southern or the Bank for any reason, the Executive shall not use or disclose to others, without the prior written consent of Fidelity Southern and the Bank, any Confidential Information (as hereinafter defined) of Fidelity Southern or the Bank, or any Affiliate or any of their customers, except for use or disclosure thereof in the course of the business of Fidelity Southern or the Bank (or that of any Affiliate), and such disclosure shall be limited to those who have a need to know. (c) Upon a Termination of Employment with Fidelity Southern or the Bank for any reason, the Executive shall not take with him any documents or data of 14 Fidelity Southern or the Bank or any Affiliate or of any customer thereof or any reproduction thereof and agrees to return any such documents and data in his possession at that time. (d) The Executive agrees to take reasonable precautions to safeguard and maintain the confidentiality and secrecy and limit the use of all Trade Secrets and Confidential Information of Fidelity Southern, the Bank and all subsidiaries and customers thereof. (e) Trade Secrets shall include only such information constituting a “Trade Secret” within the meaning of subsection 10-1-761(4) of the Georgia Trade Secrets Act of 1990, including as hereafter amended. Confidential Information shall include all information and data which is protectable as a legal form of property or non-public information of Fidelity Southern or the Bank or their customers, excluding any information or data which constitutes a Trade Secret. (f) Trade Secrets and Confidential Information shall not include any information (A) which becomes publicly known through no fault or act of the Executive; (B) is lawfully received by the Executive from a third party after a Termination of Employment without a similar restriction regarding confidentiality and use and without a breach of this Agreement or (C) which is independently developed by the Executive and entirely unrelated to the business of providing banking or banking related services. (g) The Executive agrees that any and all information and data originated by the Executive while employed by Fidelity Southern or the Bank and, where applicable, by other employees or associates under the Executive’s direction or supervision in connection with or as a result of any work or service performed under the terms of the Executive’s employment, shall be promptly disclosed to Fidelity Southern and the Bank, shall become Fidelity Southern and/or the Bank’s property, and shall be kept confidential by the Executive. Any and all such information and data, reduced to written, graphic or other tangible form and any and all copies and reproduction thereof shall be furnished to Fidelity Southern and the Bank upon request and in any case shall be returned to Fidelity Southern and the Bank upon the Executive’s Termination of Employment with Fidelity Southern or the Bank. (h) The Executive agrees that the Executive will promptly disclose to Fidelity Southern and the Bank all inventions or discoveries made, conceived or for the first time reduced to practice in connection with or as a result of the work and/or services the Executive performs for Fidelity Southern or the Bank. (i) The Executive agrees that he will assign the entire right, title and interest in any such invention or inventions and any patents that may be granted thereon in any country in the world concerning such inventions to Fidelity Southern and the Bank. The Executive further agrees that the Executive will, without expense to Fidelity Southern or the Bank, execute all documents and do all acts which may be necessary, desirable or convenient to enable Fidelity Southern and the Bank, at its expense, to file and prosecute applications for patents on such inventions, and to maintain patents granted thereon.

Confidentiality, Proprietary Information and Inventions. (a) During the term of the Executive’s employment with Fidelity Southern or the Bank, and at all times thereafter, the Executive shall not use or disclose to others, without the prior written consent of Fidelity Southern and the Bank, any Trade Secrets (as hereinafter defined) of Fidelity Southern or the Bank, or any Affiliate or any of their customers, except for use or disclosure thereof in the course of the business of Fidelity Southern or the Bank (or that of any Affiliate), and such disclosure shall be limited to those who have a need to know. (b) During the term of the Executive’s employment with Fidelity Southern or the Bank, and for twelve eighteen (1218) months after the Executive’s Termination of Employment with Fidelity Southern or the Bank for any reason, the Executive shall not use or disclose to others, without the prior written consent of Fidelity Southern and the Bank, any Confidential Information (as hereinafter defined) of Fidelity Southern or the Bank, or any Affiliate or any of their customers, except for use or disclosure thereof in the course of the business of Fidelity Southern or the Bank (or that of any Affiliate), and such disclosure shall be limited to those who have a need to know. (c) Upon a Termination of Employment with Fidelity Southern or the Bank for any reason, the Executive shall not take with him any documents or data of Fidelity Southern or the Bank or any Affiliate or of any customer thereof or any reproduction thereof and agrees to return any such documents and data in his possession at that time. (d) The Executive agrees to take reasonable precautions to safeguard and maintain the confidentiality and secrecy and limit the use of all Trade Secrets and Confidential Information of Fidelity Southern, the Bank and all subsidiaries and customers thereof. (e) Trade Secrets shall include only such information constituting a “Trade Secret” within the meaning of subsection 10-1-761(4) of the Georgia Trade Secrets Act of 1990, including as hereafter amended. Confidential Information shall include all information and data which is protectable as a 16 legal form of property or non-public information of Fidelity Southern or the Bank or their customers, excluding any information or data which constitutes a Trade Secret. (f) Trade Secrets and Confidential Information shall not include any information (A) which becomes publicly known through no fault or act of the Executive; (B) is lawfully received by the Executive from a third party after a Termination of Employment without a similar restriction regarding confidentiality and use and without a breach of this Agreement or (C) which is independently developed by the Executive and entirely unrelated to the business of providing banking or banking related services. (g) The Executive agrees that any and all information and data originated by the Executive while employed by Fidelity Southern or the Bank and, where applicable, by other employees or associates under the Executive’s direction or supervision in connection with or as a result of any work or service performed under the terms of the Executive’s employment, shall be promptly disclosed to Fidelity Southern and the Bank, shall become Fidelity Southern and/or the Bank’s property, and shall be kept confidential by the Executive. Any and all such information and data, reduced to written, graphic or other tangible form and any and all copies and reproduction thereof shall be furnished to Fidelity Southern and the Bank upon request and in any case shall be returned to Fidelity Southern and the Bank upon the Executive’s Termination of Employment with Fidelity Southern or the Bank. (h) The Executive agrees that the Executive will promptly disclose to Fidelity Southern and the Bank all inventions or discoveries made, conceived or for the first time reduced to practice in connection with or as a result of the work and/or services the Executive performs for Fidelity Southern or the Bank. (i) The Executive agrees that he will assign the entire right, title and interest in any such invention or inventions and any patents that may be granted thereon in any country in the world concerning such inventions to Fidelity Southern and the Bank. The Executive further agrees that the Executive will, without expense to Fidelity Southern or the Bank, execute all documents and do all acts which may be necessary, desirable or convenient to enable Fidelity Southern and the Bank, at its expense, to file and prosecute applications for patents on such inventions, and to maintain patents granted thereon.

Confidentiality, Proprietary Information and Inventions. (a) During the term of the Executive’s employment with Fidelity Southern or the Bank, and at all times thereafter, the Executive shall not use or disclose to others, without the prior written consent of Fidelity Southern and the Bank, any Trade Secrets (as hereinafter defined) of Fidelity Southern or the Bank, or any Affiliate or any of their customers, except for use or disclosure thereof in the course of the business of Fidelity Southern or the Bank (or that of any Affiliate), and such disclosure shall be limited to those who have a need to know. (b) During the term of the Executive’s employment with Fidelity Southern or the Bank, and for twelve (1218) months after the Executive’s Termination of Employment with Fidelity Southern or the Bank for any reason, the Executive shall not use or disclose to others, without the prior written consent of Fidelity Southern and the Bank, any Confidential Information (as hereinafter defined) of Fidelity Southern or the Bank, or any Affiliate or any of their customers, except for use or disclosure thereof in the course of the business of Fidelity Southern or the Bank (or that of any Affiliate), and such disclosure shall be limited to those who have a need to know. (c) Upon a Termination of Employment with Fidelity Southern or the Bank for any reason, the Executive shall not take with him any documents or data of Fidelity Southern or the Bank or any Affiliate or of any customer thereof or any reproduction thereof and agrees to return any such documents and data in his possession at that time. (d) The Executive agrees to take reasonable precautions to safeguard and maintain the confidentiality and secrecy and limit the use of all Trade Secrets and Confidential Information of Fidelity Southern, the Bank and all subsidiaries and customers thereof. (e) Trade Secrets shall include only such information constituting a “Trade Secret” within the meaning of subsection 10-1-761(4) of the Georgia Trade Secrets Act of 1990, including as hereafter amended. Confidential Information shall include all information and data which is protectable as a legal form of property or non-public information of Fidelity Southern or the Bank or their customers, excluding any information or data which constitutes a Trade Secret. (f) Trade Secrets and Confidential Information shall not include any information (A) which becomes publicly known through no fault or act of the Executive; (B) is lawfully received by the Executive from a third party after a Termination of Employment without a similar restriction regarding confidentiality and use and without a breach of this Agreement or (C) which is independently developed by the Executive and entirely unrelated to the business of providing banking or banking related services. (g) The Executive agrees that any and all information and data originated by the Executive while employed by Fidelity Southern or the Bank and, where applicable, by other employees or associates under the Executive’s direction or supervision in connection with or as a result of any work or service performed under the terms of the Executive’s employment, shall be promptly disclosed to Fidelity Southern and the Bank, shall become Fidelity Southern and/or the Bank’s property, and shall be kept confidential by the Executive. Any and all such information and data, reduced to written, graphic or other tangible form and any and all copies and reproduction thereof shall be furnished to Fidelity Southern and the Bank upon request and in any case shall be returned to Fidelity Southern and the Bank upon the Executive’s Termination of Employment with Fidelity Southern or the Bank. (h) The Executive agrees that the Executive will promptly disclose to Fidelity Southern and the Bank all inventions or discoveries made, conceived or for the first time reduced to practice in connection with or as a result of the work and/or services the Executive performs for Fidelity Southern or the Bank. (i) The Executive agrees that he will assign the entire right, title and interest in any such invention or inventions and any patents that may be granted thereon in any country in the world concerning such inventions to Fidelity Southern and the Bank. The Executive further agrees that the Executive will, without expense to Fidelity Southern or the Bank, execute all documents and do all acts which may be necessary, desirable or convenient to enable Fidelity Southern and the Bank, at its expense, to file and prosecute applications for patents on such inventions, and to maintain patents granted thereon.a