Covenant of Nondisclosure. During the course of Associate's employment with the Bank, Associate has been given and has obtained various confidential information concerning the Bank, and other entities within the BancShares Group, the shareholders, directors, officers, associates, employees, and agents of said entities, and their customers, prospective customers, services, trade secrets, proprietary information, personnel information, and other information concerning their business (collectively, the "Information"), all of which constitute valuable assets and privileged information of the Bank or the specific entity within the BancShares Group, which Information is particularly sensitive due to the fiduciary responsibilities and public trust inherent in the Bank's and BancShares Group's business. The Bank and Associate acknowledge that the Bank has invested, and shall continue to invest, considerable amounts of time, effort, and resources in developing such valuable assets and Information, and that disclosure by Associate of such assets and Information to the public or to any other person or entity, regardless of how insignificant such assets or Information may seem, would cause irreparable harm, damage, and loss to the Bank or the particular entity of the BancShares Group. To protect the Bank and/or an entity within the BancShares Group from Associate's use, disclosure, or exploitation of customer contacts and the Information, Associate agrees that Associate shall not, directly or indirectly, at any time after the Retirement Date, for any reason, reveal, divulge, disclose, or communicate to any person, corporation, firm, or other entity or to any shareholder, director, officer, partner, member, manager, employee, agent, or associate of any such person, corporation, firm, or other entity, any confidential, sensitive, or personal information, proprietary information, trade secret, or other information whatsoever, including but not limited to the Information, about or received by Associate from the Bank or any one or more of the entities of the BancShares Group, developed or received by Associate during employment with the Bank or the BancShares Group entities, or developed or received by Associate during the course of Associate's association with the Bank or any of the entities of the BancShares Group, relating to the business affairs of the Bank or any of the entities of the BancShares Group, or the business or personal affairs of the shareholders, directors, officers, associates, employees, agents, or attorneys of said entities, including, without limitation, information concerning customer and prospective customer records, personnel information, ideas, proprietary information, methods, marketing investigations, surveys, research, and other like or similar information, unless required to do so by law or by a court of competent jurisdiction. Associate shall not use the Information to the detriment of the Bank or any of the entities within the BancShares Group, or the principals, shareholders, directors, officers, associates, or employees of said entities, particularly in any manner competitive with the Bank or any entity within the BancShares Group, in any unlawful manner, or to interfere with or attempt to terminate or otherwise adversely affect any business relationship of the Bank or any entity within the BancShares Group with a customer or prospective customer.
Appears in 1 contract
Samples: Retirement Agreement (First Citizens Bancshares Inc /De/)
Covenant of Nondisclosure. During the course of Associate's employment with the Bank, Associate has been given and has obtained various confidential information concerning the Bank, and other entities within the BancShares Group, the shareholders, directors, officers, associates, employees, and agents of said entities, and their customers, prospective customers, services, trade secrets, proprietary information, personnel information, and other information concerning their business (collectively, the "Information"), all of which constitute valuable assets and privileged information of the Bank or the specific entity within the BancShares Group, which Information is particularly sensitive due to the fiduciary responsibilities and public trust inherent in the Bank's and BancShares Group's business. The Bank and Associate acknowledge that the Bank has invested, and shall continue to invest, considerable amounts of time, effort, and resources in developing such valuable assets and Information, and that disclosure by Associate of such assets and Information to the public or to any other person or entity, regardless of how insignificant such assets or Information may seem, would cause irreparable harm, damage, and loss to the Bank or the particular entity of the BancShares Group. To protect the Bank and/or an entity within the BancShares Group from Associate's use, disclosure, or exploitation of customer contacts and the Information, Associate agrees that Associate shall not, directly or indirectly, at any time after the Retirement Date, for any reason, reveal, divulge, disclose, or communicate to any person, corporation, firm, or other entity or to any shareholder, director, officer, partner, member, manager, employee, agent, or associate of any such person, corporation, firm, or other entity, any confidential, sensitive, or personal information, proprietary information, trade secret, or other information whatsoever, including but not limited to the Information, about or received by Associate from the Bank or any one or more of the entities of the BancShares Group, developed or received by Associate during employment with the Bank or the BancShares Group entities, or developed or received by Associate during the course of Associate's association with the Bank or any of the entities of the BancShares Group, relating to the business affairs of the Bank or any of the entities of the BancShares Group, or the business or personal affairs of the shareholders, directors, officers, associates, employees, agents, or attorneys of said entities, including, without limitation, information concerning customer and prospective customer records, personnel information, ideas, proprietary information, methods, marketing marketing, investigations, surveys, research, and other like or similar information, unless required to do so by law or by a court of competent jurisdiction. Associate shall not use the Information to the detriment of the Bank or any of the entities within the BancShares Group, or the principals, shareholders, directors, officers, associates, or employees of said entities, particularly in any manner competitive with the Bank or any entity within the BancShares Group, in any unlawful manner, or to interfere with or attempt to terminate or otherwise adversely affect any business relationship of the Bank or any entity within the BancShares Group with a customer or prospective customer.
Appears in 1 contract
Samples: Post Retirement Agreement (First Citizens Bancshares Inc /De/)
Covenant of Nondisclosure. During the course of AssociateHolding's employment with the Bank, Associate Holding has been given and has obtained various confidential information concerning the Bank, and the other entities within the BancShares Group, the shareholders, directors, officers, associates, employees, employees and agents of said entities, entities and their customers, prospective customers, services, trade secrets, proprietary information, personnel information, information and other information concerning their business (collectively, the "Information"), all of which constitute valuable assets and privileged information of the Bank or the specific entity within the BancShares Group, which Information is particularly sensitive due to the fiduciary responsibilities and public trust inherent in the Bank's and BancShares Group's business. The Bank and Associate Holding acknowledge that the Bank has invested, and shall continue to invest, considerable amounts of time, effort, effort and resources in developing such valuable assets and Information, and that disclosure by Associate Holding of such assets and Information to the public or to any other person or entity, regardless of how insignificant such assets or Information may seem, would cause irreparable harm, damage, damage and loss to the Bank or the particular entity of the BancShares Group. To protect the Bank and/or an entity within the BancShares Group from AssociateHolding's use, disclosure, disclosure or exploitation of customer contacts and the Information, Associate Holding agrees that Associate Holding shall not, directly or indirectly, at any time after the Retirement Date, for any reason, reveal, divulge, disclose, disclose or communicate to any person, corporation, firm, firm or other entity or to any shareholder, director, officer, partner, member, manager, employee, agent, agent or associate of any such person, corporation, firm, firm or other entity, any confidential, sensitive, sensitive or personal information, proprietary information, trade secret, secret or other information whatsoever, including including, but not limited to to, the Information, about or received by Associate Holding from the Bank or any one or more of the entities of within the BancShares Group, developed or received by Associate Holding during employment with the Bank or the entities within the BancShares Group entitiesGroup, or developed or received by Associate Holding during the course of AssociateHolding's association with the Bank or any of the entities of within the BancShares Group, relating to the business affairs of the Bank or any of the entities of within the BancShares Group, or the business or personal affairs of the shareholders, directors, officers, associatesHoldings, employees, agents, agents or attorneys of said entities, including, without limitation, information concerning customer and prospective customer records, personnel information, ideas, proprietary information, methods, marketing investigations, surveys, research, research and other like or similar information, unless required to do so by law or by a court of competent jurisdiction. Associate Holding shall not use the Information to the detriment of the Bank or any of the entities within the BancShares Group, or the principals, shareholders, directors, officers, associates, associates or employees of said entities, particularly in any manner competitive with the Bank or any entity within the BancShares Group, in any unlawful manner, or to interfere with or attempt to terminate or otherwise adversely affect any business relationship of the Bank or any entity within the BancShares Group with a customer or prospective customer.
Appears in 1 contract
Samples: Resignation, Retirement and Release Agreement (First Citizens Bancshares Inc /De/)
Covenant of Nondisclosure. During the course of Associate's Xxxxxx’ employment with the Bank, Associate Xxxxxx has been given and has obtained various confidential and material non-public information concerning the Bank, BCC, their subsidiaries and other entities within the BancShares Groupaffiliates, the shareholders, directors, officers, associates, employees, and agents of said entities, and their customers, prospective customers, services, trade secrets, proprietary information, personnel information, and other information concerning their operations, business and financial condition and results (collectively, the "“Information"”), all of which constitute valuable assets and privileged information of the Bank or the specific entity within the BancShares Groupand BCC, and which Information is particularly sensitive due to the fiduciary responsibilities and public trust inherent in the Bank's ’s business and BancShares Group's businessthe public trading market for BCC’s common stock. The Bank and Associate Xxxxxx acknowledge that the Bank has invested, and shall continue to invest, considerable amounts of time, effort, and resources in developing such valuable assets and Information, that BCC and its officers and directors are subject to various federal laws and regulations regarding the orderly disclosure of material information, and that disclosure by Associate Xxxxxx of such assets and Information to the public or to any other person or entity, regardless of how insignificant such assets or Information may seem, would cause irreparable harm, damage, and loss to the Bank or the particular entity of the BancShares Groupand BCC. To protect the Bank and/or an entity within the BancShares Group and BCC from Associate's Xxxxxx’ use, disclosure, or exploitation of customer contacts and the Information, Associate Xxxxxx agrees that Associate Xxxxxx shall not, directly or indirectly, at any time after the Retirement Resignation Date, for any reason, reveal, divulge, disclose, or communicate to any person, corporation, firm, or other entity or to any shareholder, director, officer, partner, member, manager, employee, agent, or associate of any such person, corporation, firm, or other entity, any confidential, sensitive, or personal information, proprietary information, trade secret, or other information whatsoever, including but not limited to the Information, about or received by Associate Xxxxxx from the Bank Bank, BCC, or any one their subsidiaries or more of the entities of the BancShares Groupaffiliates, developed or received by Associate Xxxxxx during employment with the Bank Bank, BCC, or the BancShares Group entitiestheir subsidiaries or affiliates, or developed or received by Associate Xxxxxx during the course of Associate's Xxxxxx’ association with the Bank Bank, BCC, or any of the entities of the BancShares Grouptheir subsidiaries or affiliates, relating to the operations, business affairs or financial condition or results of the Bank Bank, BCC, or any of the entities of the BancShares Grouptheir subsidiaries or affiliates, or the business or personal affairs of the shareholders, directors, officers, associates, employees, agents, or attorneys of said entities, including, without limitation, information concerning customer and prospective customer records, personnel information, ideas, proprietary information, methods, marketing investigations, surveys, research, accounting information, regulatory examinations, and other like or similar information, unless required to do so by law or by a court of competent jurisdiction. Associate Further, Xxxxxx shall not use the Information to the detriment of the Bank Bank, BCC, their subsidiaries or any of the entities within the BancShares Groupaffiliates, or the principals, shareholders, directors, officers, associates, or employees of said entities, particularly in any manner competitive with the Bank or any entity within the BancShares GroupBCC, in any unlawful manner, or to interfere with or attempt to terminate or otherwise adversely affect any business relationship of the Bank or any entity within the BancShares Group BCC with a customer or prospective customer.
Appears in 1 contract
Samples: Resignation and Consultation Agreement (Bank of the Carolinas CORP)
Covenant of Nondisclosure. During the course of Associate's Employee’s employment with the BankEmployer, Associate Employee has been given and has obtained various trade secret, proprietary and other confidential information concerning the BankEmployer, its subsidiaries and other entities within the BancShares Groupaffiliates, the shareholders, directors, officers, associates, employees, and agents of said entities, and their customers, customer lists, customer contacts, prospective customers, services, trade secrets, proprietary information, personnel information, financial information, business strategies, strategic plans, research and development plans, product pipeline information, regulatory filings, and other information concerning their business (collectively, the "“Information"”), all of which constitute valuable assets and privileged information of the Bank or the specific entity within the BancShares GroupEmployer, which Information is particularly sensitive due to the fiduciary responsibilities and public trust inherent in the Bank's and BancShares Group's Employer’s business. The Bank Employer and Associate Employee acknowledge that the Bank Employer has invested, and shall continue to invest, considerable amounts of time, effort, and resources in developing such valuable assets and Information, and that use of or disclosure by Associate Employee of such assets and Information to the public or to any other person or entity, regardless of how insignificant such assets or Information may seem, would cause irreparable harm, damage, and loss to the Bank or the particular entity of the BancShares GroupEmployer. To protect the Bank and/or an entity within the BancShares Group Employer from Associate's Employee’s use, disclosure, or exploitation of customer contacts and the Information, Associate Employee agrees that Associate Employee shall not, directly or indirectly, at any time after the Retirement Separation Date, for any reason, reveal, divulge, disclose, or communicate to any person, corporation, firm, or other entity or to any shareholder, director, officer, partner, member, manager, employee, agent, or associate of any such person, corporation, firm, or other entity, any confidential, sensitive, or personal information, proprietary information, trade secret, or other information whatsoever, including but not limited to the Information, about or received by Associate Employee from the Bank Employer or any one its subsidiaries or more of the entities of the BancShares Groupaffiliates, developed or received by Associate Employee during employment with the Bank Employer or the BancShares Group entitiesits subsidiaries or affiliates, or developed or received by Associate Employee during the course of Associate's Employee’s association with the Bank Employer or any of the entities of the BancShares Groupits subsidiaries or affiliates, relating to the business affairs of the Bank Employer or any of the entities of the BancShares Groupits subsidiaries or affiliates, or the business or personal affairs of the shareholders, directors, officers, associates, employees, agents, or attorneys of said entities, including, without limitation, information concerning customer and prospective customer records, personnel information, ideas, proprietary information, methods, marketing investigations, surveys, research, Employer’s business plans, strategies, product pipeline, regulatory filings, research and development efforts, and other like or similar information, unless required to do so by law or by a court of competent jurisdiction. Associate Employee shall not use the Information in any manner including but not limited to any manner which could operate to the detriment of the Bank Employer, its subsidiaries or any of the entities within the BancShares Groupaffiliates, or the principals, shareholders, directors, officers, associates, or employees of said entities, particularly in any manner competitive with the Bank or any entity within the BancShares GroupEmployer, in any unlawful manner, or to interfere with or attempt to terminate or otherwise adversely affect any business relationship of the Bank or any entity within the BancShares Group Employer with a customer or prospective customer.
Appears in 1 contract