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

Covenant Not to Disclose Proprietary Information. For a period of three years after termination of Executive's employment, Executive agrees that he will not directly or indirectly use, employ, publish, or otherwise disclose any procedures, policies, practices, trade secrets, computer software, formulas, client opportunities, or other information of a proprietary nature in the establishment, opening, or operation of a business, or in connection with engaging in business with, serving as an officer, director, employee or agent of, or owning any equity interest (other than ownership of ten percent or less of the outstanding stock of any corporation listed on the New York or American Stock Exchange or included in the National Association of Security Dealers Automated Quotation System) in any person, firm, corporation, or business entity, that engages in mining activities in the United States that are competitive with Employer's mining activities. The parties intend that this covenant not to disclose proprietary information shall be construed as a series of separate covenants. If in any judicial proceeding a court shall refuse to enforce any of the separate covenants deemed included in this paragraph, then the unenforceable covenants shall be deemed eliminated from these provisions for the purpose of those proceedings to the extent necessary to permit the remaining separate covenants to be enforced. This covenant not to disclose proprietary information shall not be construed as restricting the Executive's right to own shares in any company or limited partnership or business entity, provided they do not perform services, or participate in any way in the management of, a business entity which competes in any manner outlined above. This covenant shall survive the termination of this Agreement.

Covenant Not to Disclose Proprietary Information. For a period of three two years after termination of Executive's executive’s employment, Executive executive agrees that he will not directly or indirectly use, employ, publish, publish or otherwise disclose any procedures, policies, practices, trade secrets, computer software, formulas, client opportunities, opportunities or other information of a proprietary nature in the establishment, opening, opening or operation of a business, or in connection with engaging in business with, serving as an officer, director, employee or agent of, or owning any equity interest (other than ownership of ten percent or less of the outstanding stock of any corporation listed on the New York or American Stock Exchange or included in the National Association of Security Dealers Automated Quotation System) in any person, firm, corporation, corporation or business entity, that engages in mining activities any activity in the United States or around the world that are is the same as, similar to or competitive with Employer's mining activitiesdevelopment, implementation, or operation of an Internet software company. The parties intend that this covenant not to disclose proprietary information shall be construed as a series of separate covenants. If in any judicial proceeding a court shall refuse to enforce any of the separate covenants deemed included in this paragraph, then the unenforceable covenants shall be deemed eliminated from these provisions for the purpose of those proceedings to the extent necessary to permit the remaining separate covenants to be enforced. This covenant not to disclose proprietary information shall not be construed as restricting the Executive's executive’s right to own shares in any company or limited partnership or business entity, provided they do not perform services, entity or participate from participating in any way in the management of, of a business entity which competes in any the manner outlined above, but rather it shall restrict the use of confidential information covered by this Agreement in the performance of these activities. This covenant shall survive the termination of this Agreement.

Covenant Not to Disclose Proprietary Information. For a period of three years after termination of Executiveexecutive's employment, Executive executive agrees that he will not directly or indirectly use, employ, publish, publish or otherwise disclose any procedures, policies, practices, trade secrets, computer software, formulas, client opportunities, opportunities or other information of a proprietary nature in the establishment, opening, opening or operation of a business, or in connection with engaging in business with, serving as an officer, director, employee or agent of, or owning any equity interest (other than ownership of ten percent or less of the outstanding stock of any corporation listed on the New York or American Stock Exchange or included in the National Association of Security Dealers Automated Quotation System) in any person, firm, corporation, corporation or business entity, that engages in mining activities any activity in the United States or around the world that are is the same as, similar to or competitive with Employer's mining activities. the development, implementation or operation of a search engine software company.. The parties intend that this covenant not to disclose proprietary information shall be construed as a series of separate covenants. If in any judicial proceeding a court shall refuse to enforce any of the separate covenants deemed included in this paragraph, then the unenforceable covenants shall be deemed eliminated from these provisions for the purpose of those proceedings to the extent necessary to permit the remaining separate covenants to be enforced. This covenant not to disclose proprietary information shall not be construed as restricting the Executiveexecutive's right to own shares in any company or limited partnership or business entity, provided they do not perform services, or participate in any way in the management of, a business entity which competes in any the manner outlined above. This covenant shall survive the termination of this Agreement.