Common use of Definition of Protected Information Clause in Contracts

Definition of Protected Information. (a) For purposes of this Agreement, the term “Protected Information” shall mean all of the following materials and information (whether or not reduced to writing and whether or not patentable or protectable by copyright) which the Employee receives, receives access to, created, conceived or developed, in whole or in part, directly or indirectly, alone or with others and whether or not conceived or developed during regular business hours, in connection with his employment with the Company or in the course of his employment with the Company (in any capacity, whether executive, managerial, planning, technical, sales, research, development, manufacturing, Engineering, or otherwise), or through the use of any of the Company’s facilities or resources: (i) Production processes, marketing techniques and arrangements, mailing lists, purchasing information, pricing policies, quoting procedures, financial information, customer, client and prospect names and requirements, employee, customer, supplier and distributor data and other materials or information relating to the Company’s business and activities and the manner in which the Company does business; (ii) Discoveries, concepts, plans and ideas including, without limitation, the nature and results of research and development activities, processes, formulas, inventions, dental implant related materials, equipment or technology, programs, systems, manuals, reports, drafts, techniques, “know-how,” designs, drawings and specifications; (iii) Any other materials or information related to the business or activities of the Company which are not generally known to others engaged in similar businesses or activities; (iv) Any information and materials received by the Company from third parties in confidence (or subject to non-disclosure or similar covenants); and (v) All ideas which are derived from or relate to the Employee’s access to or knowledge of any of the above enumerated materials and information. (b) Failure to xxxx any of the Protected Information as confidential, proprietary or Protected Information shall not affect its status as part of the Protected Information under the terms of this Agreement. (c) For purposes of this Agreement, the term “Protected Information” shall not include information which is or becomes publicly available without breach of (i) this Agreement, (ii) any other agreement or instrument to which the Company is a party, or a beneficiary or (iii) any duty owed to the Company by the Employee or any third party; provided, however, that the Employee hereby acknowledges and agrees that, except as otherwise provided in Section 3.2 hereof, if the Employee shall seek to disclose, divulge, reveal, report, publish, transfer or use, for any purpose whatsoever, any Protected Information, he shall have the burden of proving that any such information shall have become publicly available without any such breach.

Definition of Protected Information. (a) For purposes of this Agreement, the term “Protected Information” shall mean all of the following materials and information (whether or not reduced to writing and whether or not patentable or protectable by copyright) which the Employee receives, receives access to, created, conceived or developed, in whole or in part, directly or indirectly, alone or with others and whether or not conceived or developed during regular business hours, in connection with his her employment with the Company or in the course of his her employment with the Company (in any capacity, whether executive, managerial, planning, technical, sales, research, development, manufacturing, Engineering, or otherwise), or through the use of any of the Company’s facilities or resources: (i) Production processes, marketing techniques and arrangements, mailing lists, purchasing information, pricing policies, quoting procedures, financial information, customer, client and prospect names and requirements, employee, customer, supplier and distributor data and other materials or information relating to the Company’s business and activities and the manner in which the Company does business; (ii) Discoveries, concepts, plans and ideas including, without limitation, the nature and results of research and development activities, processes, formulas, inventions, dental implant related materials, equipment or technology, programs, systems, manuals, reports, drafts, techniques, “know-how,” designs, drawings and specifications; (iii) Any other materials or information related to the business or activities of the Company which are not generally known to others engaged in similar businesses or activities; (iv) Any information and materials received by the Company from third parties in confidence (or subject to non-disclosure or similar covenants); and (v) All ideas which are derived from or relate to the Employee’s access to or knowledge of any of the above enumerated materials and information. (b) Failure to xxxx any of the Protected Information as confidential, proprietary or Protected Information shall not affect its status as part of the Protected Information under the terms of this Agreement. (c) For purposes of this Agreement, the term “Protected Information” shall not include information which is or becomes publicly available without breach of (i) this Agreement, (ii) any other agreement or instrument to which the Company is a party, or a beneficiary or (iii) any duty owed to the Company by the Employee or any third party; provided, however, that the Employee hereby acknowledges and agrees that, except as otherwise provided in Section 3.2 hereof, if the Employee shall seek to disclose, divulge, reveal, report, publish, transfer or use, for any purpose whatsoever, any Protected Information, he she shall have the burden of proving that any such information shall have become publicly available without any such breach.

Definition of Protected Information. (a) For purposes of this Agreement, the term “Protected Information” shall mean all of the following materials and information (whether or not reduced to writing and whether or not patentable or protectable by copyright) which the Employee Executive receives, receives access to, created, conceived or developed, in whole or in part, directly or indirectly, alone or with others and whether or not conceived or developed during regular business hours, in connection with his employment with the Company or in the course of his employment with the Company (in any capacity, whether executive, managerial, planning, technical, sales, research, development, manufacturing, Engineering, or otherwise), or through the use of any of the Company’s facilities or resources: (i) Production processes, marketing techniques and arrangements, mailing lists, purchasing information, pricing policies, quoting procedures, financial information, customer, client and prospect names and requirements, employee, customer, supplier and distributor data and other materials or information relating to the Company’s business and activities and the manner in which the Company does business; (ii) Discoveries, concepts, plans and ideas including, without limitation, the nature and results of research and development activities, processes, formulas, inventions, dental implant related materials, equipment or technology, programs, systems, manuals, reports, drafts, techniques, “know-how,” designs, drawings and specifications; (iii) Any other materials or information related to the business or activities of the Company which are not generally known to others engaged in similar businesses or activities; (iv) Any information and materials received by the Company from third parties in confidence (or subject to non-disclosure or similar covenants); and (v) All ideas which are derived from or relate to the EmployeeExecutive’s access to or knowledge of any of the above enumerated materials and information. (b) Failure to xxxx any of the Protected Information as confidential, proprietary or Protected Information shall not affect its status as part of the Protected Information under the terms of this Agreement. (c) For purposes of this Agreement, the term “Protected Information” shall not include information which is or becomes publicly available without breach of (i) this Agreement, (ii) any other agreement or instrument to which the Company is a party, or a beneficiary or (iii) any duty owed to the Company by the Employee Executive or any third party; provided, however, that the Employee Executive hereby acknowledges and agrees that, except as otherwise provided in Section 3.2 7.2 hereof, if the Employee Executive shall seek to disclose, divulge, reveal, report, publish, transfer or use, for any purpose whatsoever, any Protected Information, he shall have the burden of proving that any such information shall have become publicly available without any such breach.