Common use of Covenant Not to Disclose Confidential Information Clause in Contracts

Covenant Not to Disclose Confidential Information. During the term of this Agreement, Employee will be placed in a position by Employer to become acquainted with confidential and privileged information of Employer and its affiliates and successors, including, but not limited to, customer files, customer lists, special customer matters, sales methods and techniques, merchandising concepts and plans, business plans, sources of supply and vendors, special business relationships with vendors, agents and brokers, promotional materials and information, financial matters, mergers, acquisitions, selective personnel matters and confidential processes, designs, formulas, ideas, plans, devices or materials, and other similar matters which are confidential (any and all such information being referred to herein as "Confidential Information"). The use of Confidential Information against Employer would seriously damage Employer's business. Accordingly, Employee agrees that during the term of this Agreement and at all times thereafter with respect to financial matters and information, and during the Restrictive Period (as defined below) with respect to all other Confidential Information: (a) He shall not, directly or indirectly, use, divulge, publish or otherwise reveal or allow to be revealed any aspect of the Confidential Information to any Person (as defined below) except by Employer's prior, express and written consent or as required by law; (b) He shall refrain from any action or conduct which might reasonably or foreseeably be expected to compromise the confidentiality or proprietary nature of the Confidential Information; and (c) He has no right to apply for or to obtain any patent, copyright, or other form of intellectual property protection with regard to the Confidential Information.

Covenant Not to Disclose Confidential Information. During the term of this Agreement, Employee Consultant will be placed in a position by Employer the Company to become acquainted with confidential and privileged information of Employer the Company and its affiliates and successors, including, but not limited to, customer files, customer lists, special customer matters, sales methods and techniques, merchandising concepts and plans, business plans, sources of supply and vendors, special business relationships with vendors, agents and brokers, promotional materials and information, financial matters, mergers, acquisitions, selective personnel matters and confidential processes, designs, formulas, ideas, plans, devices or materials, and other similar matters which are confidential (any and all such information being referred to herein as "Confidential Information"). The use of Confidential Information against Employer the Company would seriously damage Employerthe Company's business. Accordingly, Employee Consultant agrees that during the term of this Agreement and at all times thereafter with respect to financial matters and information, and during the Restrictive Period (as defined below) with respect to all other Confidential Information: (a) He shall not, directly or indirectly, use, divulge, publish or otherwise reveal or allow to be revealed any aspect of the Confidential Information to any Person (as defined below) except by Employerthe Company's prior, express and written consent or as required by law; (b) He shall refrain from any action or conduct which might reasonably or foreseeably be expected to compromise the confidentiality or proprietary nature of the Confidential Information; and (c) He has no right to apply for or to obtain any patent, copyright, copyright or other form of intellectual property protection with regard to the Confidential Information.

Covenant Not to Disclose Confidential Information. During Executive's position with the Company and during the term of this Agreement, Employee Executive has and will be placed in a position by Employer to become acquainted with confidential and privileged proprietary information of Employer and its affiliates and successorsthe Company, in whatever form, whether oral, written, or electronic including, but not limited to, manner of operation, manufacturing processes and know-how, plant design, customer names and representatives, customer files, customer lists, customer specifications and requirements, product recipes, product pricing, special customer matters, sales methods and techniques, merchandising concepts and plans, business plans, sources of supply and vendors, special terms and conditions of business relationships with vendors, agents and brokers, promotional materials and information, financial matters, mergers, acquisitions, selective personnel matters and confidential processes, designs, formulas, ideas, plans, devices or materials, and materials and other similar matters which that are kept confidential (any and all such information being referred to herein as "Confidential Information"). The parties agree that the use of Confidential Information against Employer the Company would seriously damage Employer's businessthe business of the Company. Accordingly, Employee Executive agrees that he (individually or in concert with others) during or after the term of this Agreement and at all times thereafter with respect to financial matters and information, and during the Restrictive Period (as defined below) with respect to all other Confidential InformationAgreement: (a) He shall a. Shall not, directly or indirectly, useuse any Confidential Information for any purpose other than to benefit the Company except with the prior, express and written consent of the Company or as required by law; b. Shall not, directly or indirectly, divulge, publish or otherwise reveal or allow to be revealed any aspect of the Confidential Information as to any Person (as defined below) individual or entity except by Employer's with the prior, express and written consent of the Company or as required by law; (b) He shall c. Shall refrain from any action or conduct which that might reasonably or foreseeably be expected to compromise the confidentiality or proprietary nature of the any Confidential Information; and (c) He has d. Shall have no right rights to apply for for, or to obtain any patent, copyright, copyright or other form of intellectual property protection with regard regarding, any Confidential Information. This restriction shall not apply to any Confidential Information that (i) becomes known generally to the public through no fault of the Executive; (ii) is required by applicable law, legal process, or any order or mandate of a court or other governmental authority to be disclosed; or (iii) is reasonably believed by Executive, based upon the advice of legal counsel, to be required to be disclosed in defense of a lawsuit or other legal or administrative action brought against Executive; provided, that in the case of clauses (ii) or (iii), Executive shall give the Company reasonable advance written notice of the Confidential Information intended to be disclosed and the reasons and circumstances surrounding such disclosure, in order to permit the Company to seek a protective order or other appropriate request for confidential treatment of the applicable Confidential Information.

Covenant Not to Disclose Confidential Information. During the Executive's prior positions with Claremont and Fresh Foods and during the term of this Agreement, Employee the Executive has and will be placed in a position by Employer to become acquainted with confidential and privileged information of Employer Claremont, Fresh Foods and its affiliates and successorstheir affiliates, including, but not limited to, customer files, customer lists, special customer matters, sales methods and techniques, merchandising concepts and plans, business plans, sources of supply and vendors, special business relationships with vendors, agents and brokers, promotional materials and information, financial matters, mergers, acquisitions, selective personnel matters and confidential processes, designs, formulas, ideas, plans, devices or materials, and materials and other similar matters which that are kept confidential (any and all such information being referred to herein as "Confidential Information"). The use of Confidential Information against Employer Claremont or Fresh Foods would seriously damage Employer's its business. Accordingly, Employee agrees that during the term of this Agreement and at all times thereafter with respect to financial matters and information, and during the Restrictive Period (as defined below) with respect to all other Confidential InformationExecutive agrees: (a) He shall not, directly or indirectly, use, divulge, publish or otherwise reveal or allow to be revealed any aspect of the Confidential Information to any Person (as defined below) individual or entity except by Employer's with the prior, express and written consent of either Claremont or Fresh Foods, as applicable, or as required by law; (b) He shall refrain from any action or conduct which that might reasonably or foreseeably be expected to compromise the confidentiality or proprietary nature of the any Confidential Information; and (c) He has shall have no right to apply for for, or to obtain any patent, copyright, copyright or other form of intellectual property protection with regard to the regarding, any Confidential Information.

Covenant Not to Disclose Confidential Information. During Executive's position with the Company and its Subsidiaries (including Pierre Foods, Inc. prior to the Effective Date) and during the term of this Agreement, Employee Executive has and will be placed in a position by Employer to become acquainted with confidential and privileged proprietary information of Employer the Company and its affiliates and successorsSubsidiaries, in whatever form, whether oral, written, or electronic including, but not limited to, manner of operation, manufacturing processes and know-how, plant design, customer names and representatives, customer files, customer lists, customer specifications and requirements, product recipes, product pricing, special customer matters, sales methods and techniques, merchandising concepts and plans, business plans, sources of supply and vendors, special terms and conditions of business relationships with vendors, agents and brokers, promotional materials and information, financial matters, mergers, acquisitions, selective personnel matters and confidential processes, designs, formulas, ideas, plans, devices or materials, and materials and other similar matters which that are kept confidential (any and all such information being referred to herein as "Confidential Information"). The parties agree that the use of Confidential Information against Employer the Company and its Subsidiaries would seriously damage Employer's businessbusiness of the Company and its Subsidiaries. Accordingly, Employee Executive agrees that he (individually or in concert with others) during or after the term of this Agreement and at all times thereafter with respect to financial matters and information, and during the Restrictive Period (as defined below) with respect to all other Confidential InformationAgreement: (a) He shall a. Shall not, directly or indirectly, useuse any Confidential Information for any purpose other than to benefit the Company and its Subsidiaries, except with the prior, express and written consent of the Company or as required by law; b. Shall not, directly or indirectly, divulge, publish or otherwise reveal or allow to be revealed any aspect of the Confidential Information as to any Person (as defined below) individual or entity except by Employer's with the prior, express and written consent of the Company or as required by law; (b) He shall c. Shall refrain from any action or conduct which that might reasonably or foreseeably be expected to compromise the confidentiality or proprietary nature of the any Confidential Information; and (c) He has d. Shall have no right rights to apply for for, or to obtain any patent, copyright, copyright or other form of intellectual property protection with regard regarding, any Confidential Information. This restriction shall not apply to any Confidential Information that (i) becomes known generally to the public through no fault of the Executive; (ii) is required by applicable law, legal process, or any order or mandate of a court or other governmental authority to be disclosed; or (iii) is reasonably believed by Executive, based upon the advice of legal counsel, to be required to be disclosed in defense of a lawsuit or other legal or administrative action brought against Executive; PROVIDED, that in the case of clauses (ii) or (iii), Executive shall give the Company reasonable advance written notice of the Confidential Information intended to be disclosed and the reasons and circumstances surrounding such disclosure, in order to permit the Company to seek a protective order or other appropriate request for confidential treatment of the applicable Confidential Information.

Covenant Not to Disclose Confidential Information. During the Executive's prior positions with Claremont and Fresh Foods and during the term of this Agreement, Employee the Executive has and will be placed in a position by Employer to become acquainted with confidential and privileged information of Employer Claremont, Fresh Foods and its affiliates and successorstheir affiliates, including, but not limited to, customer files, customer lists, special customer matters, sales methods and techniques, merchandising concepts and plans, business plans, sources of supply and vendors, special business relationships with vendors, agents and brokers, promotional materials and information, financial matters, mergers, acquisitions, selective personnel matters and confidential processes, designs, formulas, ideas, plans, devices or materials, and materials and other similar matters which that are kept confidential (any and all such information being referred to herein as "Confidential Information"). The use of Confidential Information against Employer Claremont or Fresh Foods would seriously damage Employer's its business. Accordingly, Employee the Executive agrees that during the term of this Agreement and at all times thereafter with respect to financial matters and information, and during the Restrictive Period (as defined below) with respect to all other Confidential Informationthat: (a) He shall not, directly or indirectly, use, divulge, publish or otherwise reveal or allow to be revealed any aspect of the Confidential Information to any Person (as defined below) individual or entity except by Employer's with the prior, express and written consent of either Claremont or Fresh Foods, as applicable, or as required by law; (b) He shall refrain from any action or conduct which that might reasonably or foreseeably be expected to compromise the confidentiality or proprietary nature of the any Confidential Information; and (c) He has shall have no right to apply for for, or to obtain any patent, copyright, copyright or other form of intellectual property protection with regard to the regarding, any Confidential Information.

Covenant Not to Disclose Confidential Information. During Millxx'x xxxor positions with Fresh Foods and during the term of this Agreement, Employee Millxx xxx and will be placed in a position by Employer to become acquainted with confidential and privileged information of Employer Fresh Foods and its affiliates and successorsaffiliates, including, but not limited to, customer names and representatives, customer files, customer lists, customer specifications and requirements, special customer matters, sales methods and techniques, merchandising concepts and plans, business plans, sources of supply and vendors, special terms and conditions of business relationships with vendors, agents and brokers, promotional materials and information, financial matters, mergers, acquisitions, selective personnel matters and confidential processes, designs, formulas, ideas, plans, devices or materials, and materials and other similar matters which that are kept confidential (any and all such information being referred to herein as "Confidential Information"). The parties agree that the use of Confidential Information against Employer Fresh Foods would seriously damage Employer's its business. Accordingly, Employee agrees that during the term of this Agreement and at all times thereafter with respect to financial matters and information, and during the Restrictive Period (as defined below) with respect to all other Confidential InformationMillxx xxxees that: (a) He shall not, directly or indirectly, useuse any Confidential Information for any purpose other than to benefit Fresh Foods except with the prior, express and written consent of Fresh Foods or as required by law; (b) He shall not, directly or indirectly, divulge, publish or otherwise reveal or allow to be revealed any aspect of the Confidential Information to any Person (as defined below) individual or entity except by Employer's with the prior, express and written consent of Fresh Foods or as required by law; (bc) He shall refrain from any action or conduct which that might reasonably or foreseeably be expected to compromise the confidentiality or proprietary nature of the any Confidential Information; and (cd) He has shall have no right to apply for for, or to obtain any patent, copyright, copyright or other form of intellectual property protection with regard to the regarding, any Confidential Information.