Common use of CONFIDENTIALITY/TRADE SECRET PROVISION Clause in Contracts

CONFIDENTIALITY/TRADE SECRET PROVISION. EMPLOYER has created, developed, and adopted confidential, proprietary and/or trade secret information. Additionally, EMPLOYER has entered into agreements with third parties whereby these third parties produce confidential, proprietary and/or trade secret information for EMPLOYER. Such information has independent actual or potential economic value from not being generally known to the public or other persons who can obtain economic value from its disclosure or use, and is not readily available or independently ascertainable through any source other than EMPLOYER. Such information is subject to reasonable efforts to maintain its secrecy. The trade secrets of EMPLOYER include, but are not limited to, EMPLOYER’S lending policies and procedures, contracts and agreements with lenders, investors, and other clients (“Clients”), information regarding the Clients (including but not limited to Client Lists and potential Client Lists), loan applicants, borrowers and other customers, budgets, forecasts, financial statements, broker lists, client contracts, the particular needs of each client and broker, the manner in which business is conducted with each client and broker, records, sales techniques, methods of data processing, forecasts, information concerning employees and their salaries, performance and personnel file information, and various financial information of EMPLOYER. EMPLOYEE further understands and agrees that any and all of the above produced or used by EMPLOYEE during the period of employment belongs to EMPLOYER and not to EMPLOYEE. In recognition that the business of EMPLOYER and the nature of EMPLOYEE’S work will require EMPLOYEE to have access to confidential, proprietary, and/or trade secret information of EMPLOYER and/or its clients which, if disclosed in an unauthorized manner, could be highly prejudicial to EMPLOYER and/or its clients: 1. EMPLOYEE agrees not to disclose in any manner any confidential, proprietary, and/or trade secret information, either directly or indirectly, either during employment with EMPLOYER or following termination of employment, except as required in the course of employment with EMPLOYER. 2. EMPLOYEE agrees to take all precautions reasonably necessary to prevent the unauthorized use, disclosure, or dissemination of confidential, proprietary, and/or trade secret information either during employment with EMPLOYER or following termination of employment. 3. Upon termination, EMPLOYEE will immediately turn over to EMPLOYER all confidential, proprietary, and/or trade secret documents, lists and records, or other writings or personal property relating to the business of the EMPLOYER in any manner obtained during the term of employment. EMPLOYEE hereby agrees and understands that all loans, loan files, loan documentation, client lists and potential client lists are the possession and property of EMPLOYER. Upon termination, EMPLOYEE shall cease using, shall immediately return, and shall not misappropriate or use any loans, loan files, loan documentation, client lists or potential client lists. In addition, upon termination, EMPLOYEE shall leave in possession of EMPLOYER all equipment, furniture and supplies owned or leased by EMPLOYER. EMPLOYEE recognizes and acknowledges that none of the above provisions or EMPLOYER”S exercise of any rights thereunder shall limit the rights of EMPLOYER under applicable statutes and common law rules regarding trade secrets, including, without limitation, the Uniform Trade Secrets Act.

CONFIDENTIALITY/TRADE SECRET PROVISION. EMPLOYER has created, developed, and adopted confidential, proprietary and/or trade secret information. Additionally, EMPLOYER has entered into agreements with third parties whereby these third parties produce confidential, proprietary and/or trade secret information for EMPLOYER. Such information has independent actual or potential economic value from not being generally known to the public or other persons who can obtain economic value from its disclosure or use, and is not readily available or independently ascertainable through any source other than EMPLOYER. Such information is subject to reasonable efforts to maintain its secrecy. The trade secrets of EMPLOYER include, but are not limited to, EMPLOYER’S lending policies and procedures, contracts and agreements with lenders, investors, and other clients (“Clients”), information regarding the Clients (including but not limited to Client Lists and potential Client Lists), loan applicants, borrowers and other customers, budgets, forecasts, financial statements, broker lists, client contracts, the particular needs of each client and broker, the manner in which business is conducted with each client and broker, records, sales techniques, methods of data processing, forecasts, information concerning employees and their salaries, performance and personnel file information, and various financial information of EMPLOYER. EMPLOYEE further understands and agrees that any and all of the above produced or used by EMPLOYEE during the period of employment belongs to EMPLOYER and not to EMPLOYEE. In recognition that the business of EMPLOYER and the nature of EMPLOYEE’S work will require EMPLOYEE to have access to confidential, proprietary, and/or trade secret information of EMPLOYER and/or its clients which, if disclosed in an unauthorized manner, could be highly prejudicial to EMPLOYER and/or its clients: 1. EMPLOYEE agrees not to disclose in any manner any confidential, proprietary, and/or trade secret information, either directly or indirectly, either during employment with EMPLOYER or following termination of employment, except as required in the course of employment with EMPLOYER. 2. EMPLOYEE agrees to take all precautions reasonably necessary to prevent the unauthorized use, disclosure, or dissemination of confidential, confidential proprietary, and/or trade secret information either during employment with EMPLOYER or following termination of employment. 3. Upon termination, EMPLOYEE will immediately turn over to EMPLOYER all confidential, proprietary, and/or trade secret documents, lists and records, or other writings or personal property relating to the business of the EMPLOYER in any manner obtained during the term of employment. EMPLOYEE hereby agrees and understands that all loans, loan files, loan documentation, client lists and potential client lists are the possession and property of EMPLOYER. Upon termination, EMPLOYEE shall cease using, shall immediately return, and shall not misappropriate or use any loans, loan files, loan documentation, client lists or potential client lists. In addition, upon termination, EMPLOYEE shall leave in possession of EMPLOYER all equipment, furniture and supplies owned or leased by EMPLOYER. EMPLOYEE recognizes and acknowledges that none of the above provisions or EMPLOYER”S EMPLOYER’S exercise of any rights thereunder shall limit the rights of EMPLOYER under applicable statutes and common law rules regarding trade secrets, including, without limitation, the Uniform Trade Secrets Act.

CONFIDENTIALITY/TRADE SECRET PROVISION. (a) EMPLOYER has created, developed, and adopted confidential, proprietary and/or trade secret information. Additionally, EMPLOYER has entered into agreements with third parties whereby these third parties produce confidential, proprietary and/or trade secret information for EMPLOYER. Such information has independent actual or potential economic value from not being generally known to the public or other persons who can obtain economic value from its disclosure or use, and is not readily available or independently ascertainable through any source other than EMPLOYER. Such information is subject to reasonable efforts to maintain its secrecy. . (b) The trade secrets of EMPLOYER include, but are not limited to, EMPLOYER’S lending policies and procedures, contracts and agreements with lenders, investors, and other clients (“Clients”), information regarding the Clients (including but not limited to Client Lists lists and potential Client Listslists), loan applicants, borrowers and other customers, budgets, forecasts, financial statements, broker lists, client contracts, the particular needs of each client Client and broker, the manner in which business is conducted with each client Client and broker, records, sales techniques, methods of data processing, forecasts, information concerning employees and their salaries, performance and personnel file information, and various financial information of EMPLOYEREMPLOYER (collectively, “Confidential Information”). Confidential Information shall not include any information that is known by or made available to the public generally. EMPLOYEE further understands and agrees that any and all of the above produced or used by EMPLOYEE during the period of employment Confidential Information belongs to EMPLOYER and not to EMPLOYEE. . (c) In recognition that the business of EMPLOYER and the nature of EMPLOYEE’S work will require EMPLOYEE to have access to confidential, proprietary, and/or trade secret information Confidential Information of EMPLOYER and/or its clients Clients which, if disclosed in an unauthorized manner, could be highly prejudicial to EMPLOYER and/or its clientsClients: 1. (i) EMPLOYEE agrees not to disclose in any manner any confidential, proprietary, and/or trade secret informationConfidential Information, either directly or indirectly, either during employment with EMPLOYER or following termination of employment, except as required in the course of employment with EMPLOYER. 2. (ii) EMPLOYEE agrees to take all precautions reasonably necessary to prevent the unauthorized use, disclosure, or dissemination of confidential, proprietary, and/or trade secret information Confidential Information either during employment with EMPLOYER or following termination of employment. 3. Upon termination, EMPLOYEE will immediately turn over to EMPLOYER all confidential, proprietary, and/or trade secret documents, lists and records, or other writings or personal property relating to the business of the EMPLOYER in any manner obtained during the term of employment. EMPLOYEE hereby agrees and understands that all loans, loan files, loan documentation, client lists and potential client lists are the possession and property of EMPLOYER. (iii) Upon termination, EMPLOYEE shall cease using, shall immediately return, and shall not misappropriate or use use, any loans, loan files, loan documentation, client lists or potential client listsConfidential Information. In addition, upon termination, EMPLOYEE shall leave in possession of EMPLOYER all equipment, furniture and supplies owned or leased by EMPLOYER. . (d) EMPLOYEE recognizes and acknowledges that none of the above provisions or EMPLOYER”S EMPLOYER’S exercise of any rights thereunder shall limit the rights of EMPLOYER under applicable statutes and common law rules regarding trade secrets, including, without limitation, the Uniform Trade Secrets Act.