Common use of Disclosure to and Property of the Company Clause in Contracts

Disclosure to and Property of the Company. For purposes of this Article V, the term “the Company” shall include the Company and any other member of the Company Group, and any reference to “employment” or similar terms shall include a director or consulting relationship. All information, trade secrets, designs, ideas, concepts, improvements, product developments, discoveries and inventions, whether patentable or not, that are conceived, made, developed, disclosed to or acquired by Executive, individually or in conjunction with others, during the period of Executive’s employment by the Company (whether during business hours or otherwise and whether on the Company’s premises or otherwise) that relate to the Company’s business, trade secrets, products or services (including all such information relating to corporate opportunities, strategies, business plans, product specifications, compositions, manufacturing and distribution methods and processes, research, financial and sales data, pricing terms, evaluations, opinions, interpretations, acquisition prospects, the identity of customers or their requirements, the identity of key contacts within the customer’s organizations or within the organization of acquisition prospects, or production, marketing and merchandising techniques, prospective names and marks) and all writings or materials of any type embodying any of such information, ideas, concepts, improvements, discoveries, inventions and other similar forms of expression (collectively, “Confidential Information”) shall be disclosed to the Company and are and shall be the sole and exclusive property of the Company. For purposes of this Agreement, Confidential Information shall not include any information that (i) is or becomes generally available to the public other than as a result of a disclosure or wrongful act of Executive or any of Executive’s agents; (ii) was available to Executive on a non-confidential basis before its disclosure by the Company to Executive; or (iii) becomes available to Executive on a non-confidential basis from a source other than the Company; provided that such source is not bound by a confidentiality agreement with, or other obligation with respect to confidentiality to, the Company. All documents, videotapes, written presentations, brochures, drawings, memoranda, notes, records, files, correspondence, manuals, models, specifications, computer programs, E-mail, voice mail, electronic databases, maps, drawings, architectural renditions, models and all other writings or materials of any type embodying any of such information, ideas, concepts, improvements, discoveries, inventions and other similar forms of expression are and shall be the sole and exclusive property of the Company. Executive agrees to perform all actions reasonably requested by the Company or its affiliates to establish and confirm such exclusive ownership. Upon termination of Executive’s employment with the Company (and at any other time upon request by the Company), Executive promptly shall deliver all documents, files (including electronically stored information) and other materials constituting or reflecting Confidential Information, and all copies thereof, to the Company; provided, that Executive shall be entitled to retain a copy of those documents that constitute Executive’s personal address book and those documents provided to Executive by the Company that reflect Executive’s benefit plan elections.

Disclosure to and Property of the Company. For purposes of this Article V, the term “the Company” shall include the Company and any other member of the Company Groupits affiliates, and any reference to “employment” or similar terms shall include a director or and/or consulting relationship. All information, trade secrets, designs, ideas, concepts, improvements, product developments, discoveries and inventions, whether patentable or not, that are conceived, made, developed, disclosed to developed or acquired by Executive, individually or in conjunction with others, during the period of Executive’s employment by the Company (whether during business hours or otherwise and whether on the Company’s premises or otherwise) that relate to the Company’s or any of its affiliates’ business, trade secrets, products or services (including including, without limitation, all such information relating to corporate opportunities, strategies, business plans, product specificationsspecification, compositions, manufacturing and distribution methods and processes, research, financial and sales data, pricing terms, evaluations, opinions, interpretations, acquisition prospects, the identity of customers or their requirements, the identity of key contacts within the customer’s organizations or within the organization of acquisition prospects, or production, marketing and merchandising techniques, prospective names and marks) and all writings or materials of any type embodying any of such information, ideas, concepts, improvements, discoveries, inventions and other similar forms of expression (collectively, “Confidential Information”) shall be disclosed to the Company and are and shall be the sole and exclusive property of the CompanyCompany or its affiliates. For purposes of this AgreementMoreover, Confidential Information shall not include any information that (i) is or becomes generally available to the public other than as a result of a disclosure or wrongful act of Executive or any of Executive’s agents; (ii) was available to Executive on a non-confidential basis before its disclosure by the Company to Executive; or (iii) becomes available to Executive on a non-confidential basis from a source other than the Company; provided that such source is not bound by a confidentiality agreement with, or other obligation with respect to confidentiality to, the Company. All all documents, videotapes, written presentations, brochures, drawings, memoranda, notes, records, files, correspondence, manuals, models, specifications, computer programs, E-mail, voice mail, electronic databases, maps, drawings, architectural renditions, models and all other writings or materials of any type embodying any of such information, ideas, concepts, improvements, discoveries, inventions and other similar forms of expression (collectively, “Work Product”) are and shall be the sole and exclusive property of the CompanyCompany (or its affiliates). Executive agrees to perform all actions reasonably requested by the Company or its affiliates to establish and confirm such exclusive ownership. Upon termination of Executive’s employment with the Company (and at any other time upon request by the Company), for any reason, Executive promptly shall deliver all documents, files (including electronically stored information) such Confidential Information and other materials constituting or reflecting Confidential InformationWork Product, and all copies thereof, to the Company; provided, that Executive shall be entitled to retain a copy of those documents that constitute Executive’s personal address book and those documents provided to Executive by the Company that reflect Executive’s benefit plan elections.

Disclosure to and Property of the Company. For purposes of this Article VVI, the term “the Company” shall include the Company and any other member of the Company GroupRelated Parties, and any reference to “employment” or similar terms shall include a director or and/or consulting relationship. All information, trade secrets, designs, ideas, concepts, improvements, product developments, discoveries and inventions, whether patentable or not, that are conceived, made, developed, disclosed to or acquired by Executive, individually or in conjunction with others, during the period of Executive’s employment by the Company (whether during business hours or otherwise and whether on the Company’s premises or otherwise) that relate to the Company’s businessbusinesses, trade secrets, products or services (including including, without limitation, all such information relating to corporate opportunities, strategies, business plans, product specifications, compositions, manufacturing and distribution methods and processes, research, financial and sales data, pricing terms, evaluations, opinions, interpretations, acquisition prospects, the identity of customers or their requirements, the identity of key contacts within the customer’s organizations or within the organization of acquisition prospects, or production, marketing and merchandising techniques, prospective names and marks) and all writings or materials of any type embodying any of such information, ideas, concepts, improvements, discoveries, inventions and other similar forms of expression (collectively, “Confidential Information”) shall be disclosed to the Company and are and shall be the sole and exclusive property of the Company. For purposes Notwithstanding any of the preceding provisions of this AgreementSection 6.1 to the contrary, the term “Confidential Information shall Information” does not include (a) any information that (i) that, at the time of disclosure by the Company, is or becomes generally available to the public other than as a result of a disclosure or wrongful any act of Executive or (b) any of Executive’s agents; (ii) was available to Executive on a non-confidential basis before its disclosure by the Company to Executive; or (iii) information that becomes available to Executive on a non-confidential basis from a source other than the Company; , provided that such source is not known by Executive to be bound by a confidentiality agreement with, with or other obligation with respect of secrecy to confidentiality to, the Company. All Upon request by the Company, Executive shall promptly disclose and return all Confidential Information in Executive’s custody or control. Moreover, all documents, videotapes, written presentations, brochures, drawings, memoranda, notes, records, files, correspondence, manuals, models, specifications, computer programs, E-mail, voice mail, electronic databases, maps, drawings, architectural renditions, models and all other writings or materials of any type embodying any of such informationConfidential Information, ideas, concepts, improvements, discoveries, inventions and other similar forms of expression (collectively, “Work Product”) are and shall be the sole and exclusive property of the Company. Executive agrees to perform all actions reasonably requested by the Company or its affiliates to establish and confirm such exclusive ownership. Upon termination of Executive’s employment with the Company (and at Company, for any other time upon request by the Company)reason, Executive promptly shall deliver all documents, files (including electronically stored information) such Confidential Information and other materials constituting or reflecting Confidential InformationWork Product, and all copies thereof, to the Company; provided, that Executive shall be entitled to retain a copy of those documents that constitute Executive’s personal address book and those documents provided to Executive by the Company that reflect Executive’s benefit plan elections.

Disclosure to and Property of the Company. For purposes of this Article V, the term “the Company” shall include the Company and any other member of the Company Group, and any reference to “employment” or similar terms shall include a director or consulting relationship. All information, trade secrets, designs, ideas, concepts, improvements, product developments, discoveries and inventions, whether patentable or not, that are conceived, made, developed, disclosed to or acquired by Executive, individually or in conjunction with others, during the period of Executive’s employment by the Company (whether during business hours or otherwise and whether on the Company’s premises or otherwise) that relate to the Company’s business, trade secrets, products or services (including all such information relating to corporate opportunities, strategies, business plans, product specifications, compositions, manufacturing and distribution methods and processes, research, financial and sales data, pricing terms, evaluations, opinions, interpretations, acquisition prospects, the identity of customers or their requirements, the identity of key contacts within the customer’s organizations or within the organization of acquisition prospects, or production, marketing and merchandising techniques, prospective names and marks) and all writings or materials of any type embodying any of such information, ideas, concepts, improvements, discoveries, inventions and other similar forms of expression (collectively, “Confidential Information”) shall be disclosed to the Company and are and shall be the sole and exclusive property of the Company. For purposes of this Agreement, Confidential Information shall not include any information that (i) is or becomes generally available to the public other than as a result of a disclosure or wrongful act of Executive or any of Executive’s agents; (ii) was available to Executive on a non-confidential basis before its disclosure by the Company to Executive; or (iii) becomes available to Executive on a non-confidential basis from a source other than the Company; provided that such source is not bound by a confidentiality agreement with, or other obligation with respect to confidentiality to, the Company. All documents, videotapes, written presentations, brochures, drawings, memoranda, notes, records, files, correspondence, manuals, models, specifications, computer programs, E-mail, voice mail, electronic databases, maps, drawings, architectural renditions, models and all other writings or materials of any type embodying any of such information, ideas, concepts, improvements, discoveries, inventions and other similar forms of expression are and shall be the sole and exclusive property of the Company. Executive agrees to perform all actions reasonably requested by the Company or its affiliates to establish and confirm such exclusive ownership. Upon termination of Executive’s employment with the Company (and at any other time upon request by the Company), Executive promptly shall deliver all documents, files (including electronically stored information) and other materials constituting or reflecting Confidential Information, and all copies thereof, to the Company; provided, that Executive shall be entitled to retain a copy of those documents that constitute Executive’s personal address book and those documents provided to Executive by the Company that reflect Executive’s benefit plan elections.

Disclosure to and Property of the Company. For purposes of this Article V, the term “the Company” shall include the Company and any other member of the Company Group, and any reference to “employment” or similar terms shall include a director or consulting relationship. All information, trade secrets, designs, ideas, concepts, improvements, product developments, discoveries and inventions, whether patentable or not, that are conceived, made, developed, disclosed to or acquired by Executive, individually or in conjunction with others, during the period of Executive’s employment by the Company (whether during business hours or otherwise and whether on the Company’s premises or otherwise) that relate to the Company’s business, trade secrets, products or services (including all such information relating to corporate opportunities, strategies, business plans, product specifications, compositions, manufacturing and distribution methods and processes, research, financial and sales data, pricing terms, evaluations, opinions, interpretations, acquisition prospects, the identity of customers or their requirements, the identity of key contacts within the customer’s organizations or within the organization of acquisition prospects, or production, marketing and merchandising techniques, prospective names and marks) and all writings or materials of any type embodying any of such information, ideas, concepts, improvements, discoveries, inventions and other similar forms of expression (collectively, “Confidential Information”) shall be disclosed to the Company and are and shall be the sole and exclusive property of the Company. For purposes of this Agreement, Confidential Information shall not include any information that (i) is or becomes generally available to the public other than as a result of a disclosure or wrongful act of Executive or any of Executive’s agents; (ii) was available to Executive on a non-confidential basis before its disclosure by the Company to Executive; or (iii) becomes available to Executive on a non-confidential basis from a source other than the Company; provided that such source is not known by Executive to be bound by a confidentiality agreement with, or other obligation with respect to confidentiality to, the Company. All documents, videotapes, written presentations, brochures, drawings, memoranda, notes, records, files, correspondence, manuals, models, specifications, computer programs, E-mail, voice mail, electronic databases, maps, drawings, architectural renditions, models and all other writings or materials of any type embodying any of such information, ideas, concepts, improvements, discoveries, inventions and other similar forms of expression are and shall be the sole and exclusive property of the Company. Executive agrees to perform all actions reasonably requested by the Company or its affiliates to establish and confirm such exclusive ownership. Upon termination of Executive’s employment with the Company (and at any other time upon request by the Company), Executive promptly shall deliver all documents, files (including electronically stored information) and other materials constituting or reflecting Confidential Information, and all copies thereof, to the Company; provided, that Executive shall be entitled to retain a copy of those documents that constitute Executive’s his personal address book and those documents provided to Executive him by the Company that reflect Executive’s his benefit plan elections.

Disclosure to and Property of the Company. For purposes of this Article V, the term “the Company” shall include the Company and any other member of the Company Groupits affiliates, and any reference to “employment” or similar terms shall include a director or director, manager and/or consulting relationship. All information, trade secrets, designs, ideas, concepts, improvements, product developments, discoveries and inventions, whether patentable or not, that are conceived, made, developed, disclosed to developed or acquired by Executive, individually or in conjunction with others, during the period of Executive’s employment by the Company (whether during business hours or otherwise and whether on the Company’s premises or otherwise) that relate to the Company’s business, trade secrets, products or services (including including, without limitation, all such information relating to corporate opportunities, strategies, business plans, product specificationsspecification, compositions, manufacturing and distribution methods and processes, research, financial and sales data, pricing terms, evaluations, opinions, interpretations, acquisition prospects, the identity of customers or their requirements, the identity of key contacts within the customer’s organizations or within the organization of acquisition prospects, or production, marketing and merchandising techniques, prospective names and marks) and all writings or materials of any type embodying any of such information, ideas, concepts, improvements, discoveries, inventions and other similar forms of expression (collectively, “Confidential Information”) shall be retained for and, to the extent practicable, disclosed to the Company and are and shall be the sole and exclusive property of the Company. For purposes of this AgreementMoreover, Confidential Information shall not include any information that (i) is or becomes generally available to the public other than as a result of a disclosure or wrongful act of Executive or any of Executive’s agents; (ii) was available to Executive on a non-confidential basis before its disclosure by the Company to Executive; or (iii) becomes available to Executive on a non-confidential basis from a source other than the Company; provided that such source is not bound by a confidentiality agreement with, or other obligation with respect to confidentiality to, the Company. All all documents, videotapes, written presentations, brochures, drawings, memoranda, notes, records, files, correspondence, manuals, models, specifications, computer programs, E-mail, voice mail, electronic databases, maps, drawings, architectural renditions, models and all other writings or materials of any type embodying any of such information, ideas, concepts, improvements, discoveries, inventions and other similar forms of expression that are conceived, made, developed or acquired by Executive individually or in conjunction with others during the period of Executive’s employment by the Company (whether during business hours or otherwise and whether on the Company’s premises or otherwise) that relate to the Company’s business, trade secrets, products or services (collectively, “Work Product”) are and shall be the sole and exclusive property of the Company. Executive agrees to perform all actions reasonably requested by the Company or its affiliates to establish and confirm such exclusive ownership. Upon termination of Executive’s employment with the Company (and at any other time upon request by the Company), for any reason, Executive promptly shall deliver all documents, files (including electronically stored information) such Confidential Information and other materials constituting or reflecting Confidential InformationWork Product, and all copies thereof, to the Company; provided. Notwithstanding the foregoing, that Confidential Information does not include any information Executive shall be entitled to retain obtains as a copy result of those documents that constitute Executive’s personal address book and those documents provided to Executive by his participation in the Company that reflect Executive’s benefit plan electionsactivities of or ownership of X.X. Xxxxxxx or the Hedge Fund.

Disclosure to and Property of the Company. For purposes of this Article V, the term “the Company” shall include the Company and any other member of the Company Group, and any reference to “employment” or similar terms shall include a director or consulting relationship. All information, trade secrets, designs, ideas, concepts, improvements, product developments, discoveries and inventions, whether patentable or not, that are conceived, made, developed, disclosed to or acquired by Executive, individually or in conjunction with others, during the period of Executive’s employment by the Company (whether during business hours or otherwise and whether on the Company’s premises or otherwise) that relate to the Company’s business, trade secrets, products or services (including all such information relating to corporate opportunities, strategies, business plans, product specifications, compositions, manufacturing and distribution methods and processes, research, financial and sales data, pricing terms, evaluations, opinions, interpretations, acquisition prospects, the identity of customers or their requirements, the identity of key contacts within the customer’s organizations or within the organization of acquisition prospects, or production, marketing and merchandising techniques, prospective names and marks) and all writings or materials of any type embodying any of such information, ideas, concepts, improvements, discoveries, inventions and other similar forms of expression (collectively, “Confidential Information”) shall be disclosed to the Company and are and shall be the sole and exclusive property of the Company. For purposes of this Agreement, Confidential Information shall not include any information that (i) is or becomes generally available to the public other than as a result of a disclosure or wrongful act of Executive or any of Executive’s agents; (ii) was available to Executive on a non-confidential basis before its disclosure by the Company to ExecutiveCompany; or (iii) becomes available to Executive on a non-confidential basis from a source other than the Company; provided that such source is not bound by a confidentiality agreement with, or other obligation with respect to confidentiality to, the Company. All documents, videotapes, written presentations, brochures, drawings, memoranda, notes, records, files, correspondence, manuals, models, specifications, computer programs, E-mail, voice mail, electronic databases, maps, drawings, architectural renditions, models and all other writings or materials of any type embodying any of such information, ideas, concepts, improvements, discoveries, inventions and other similar forms of expression are and shall be the sole and exclusive property of the Company. Executive agrees to perform all actions reasonably requested by the Company or its affiliates to establish and confirm such exclusive ownership. Upon termination of Executive’s employment with the Company (and at any other time upon request by the Company), Executive promptly shall deliver all documents, files (including electronically stored information) and other materials constituting or reflecting Confidential Information, and all copies thereof, to the Company; provided, that Executive shall be entitled to retain a copy of those documents that constitute Executive’s personal address book and those documents provided to Executive by the Company that reflect Executive’s benefit plan elections.

Disclosure to and Property of the Company. For purposes of this Article V, the term “the Company” shall will include the Company and any other member of the Company Group, and any reference to “employment” or similar terms shall include a director or consulting relationshipits affiliates. All information, trade secrets, designs, ideas, concepts, improvements, product developments, discoveries and inventions, whether patentable or not, that are conceived, made, developed, disclosed to or acquired by ExecutiveConsultant, individually or in conjunction with others, during the period of Executiveof, and in connection with, Consultant’s employment engagement by the Company (whether during business hours or otherwise and whether on the Company’s premises or otherwise) that relate to the Company’s businessor any of its affiliates’ businesses, trade secrets, products or services (including including, without limitation, all such information relating to corporate opportunities, strategies, business plans, product specifications, compositions, manufacturing and distribution methods and processes, research, financial and sales data, pricing terms, evaluations, opinions, interpretations, acquisition prospects, the identity of customers or their requirements, the identity of key contacts within the customer’s organizations or within the organization of acquisition prospects, or production, marketing and merchandising techniques, prospective names and marks) and all writings or materials of any type embodying any of such information, ideas, concepts, improvements, discoveries, inventions and other similar forms of expression (collectively, “Confidential Information”) shall will be disclosed to the Company and are and shall will be the sole and exclusive property of the CompanyCompany or its affiliates, as applicable. For purposes of this AgreementMoreover, Confidential Information shall not include any information that (i) is or becomes generally available to the public other than as a result of a disclosure or wrongful act of Executive or any of Executive’s agents; (ii) was available to Executive on a non-confidential basis before its disclosure by the Company to Executive; or (iii) becomes available to Executive on a non-confidential basis from a source other than the Company; provided that such source is not bound by a confidentiality agreement with, or other obligation with respect to confidentiality to, the Company. All all documents, videotapes, written presentations, brochures, drawings, memoranda, notes, records, files, correspondence, manuals, models, specifications, computer programs, E-mail, voice mail, electronic databases, maps, drawings, architectural renditions, models and all other writings or materials of any type embodying any of such information, ideas, concepts, improvements, discoveries, inventions and other similar forms of expression (collectively, “Work Product”) are and shall will be the sole and exclusive property of the CompanyCompany (or its affiliates). Executive Consultant agrees to perform all actions reasonably requested by the Company or ​ its affiliates to establish and confirm such exclusive ownership. Upon termination of ExecutiveConsultant’s employment with the Company (and at any other time upon request engagement by the Company), Executive for any reason, Consultant promptly shall will deliver all documents, files (including electronically stored information) such Confidential Information and other materials constituting or reflecting Confidential InformationWork Product, and all copies thereof, to the Company; provided, that Executive shall be entitled to retain a copy of those documents that constitute Executive’s personal address book and those documents provided to Executive by the Company that reflect Executive’s benefit plan elections.

Disclosure to and Property of the Company. For purposes of this Article V, the term “the Company” shall include the Company and any other member of the Company Groupits affiliates, and any reference to “employment” or similar terms shall include a director or and/or consulting relationship. All information, trade secrets, designs, ideas, concepts, improvements, product developments, discoveries and inventions, whether patentable or not, that are conceived, made, developed, disclosed to developed or acquired by Executive, individually or in conjunction with others, during the period of Executive’s employment by the Company (whether during business hours or otherwise and whether on the Company’s premises or otherwise) that relate to the Company’s or any of its affiliates’ business, trade secrets, products or services (including including, without limitation, all such information relating to corporate opportunities, strategies, business plans, product specificationsspecification, compositions, manufacturing and distribution methods and processes, research, financial and sales data, pricing terms, evaluations, opinions, interpretations, acquisition prospects, the identity of customers or their requirements, the identity of key contacts within the customer’s organizations or within the organization of acquisition prospects, or production, marketing and merchandising techniques, prospective names and marks) and all writings or materials of any type embodying any of such information, ideas, concepts, improvements, discoveries, inventions and other similar forms of expression (collectively, “Confidential Information”) shall be disclosed to the Company and are and shall be the sole and exclusive property of the CompanyCompany or its affiliates. For purposes of this AgreementMoreover, Confidential Information shall not include any information that (i) is or becomes generally available to the public other than as a result of a disclosure or wrongful act of Executive or any of Executive’s agents; (ii) was available to Executive on a non-confidential basis before its disclosure by the Company to Executive; or (iii) becomes available to Executive on a non-confidential basis from a source other than the Company; provided that such source is not bound by a confidentiality agreement with, or other obligation with respect to confidentiality to, the Company. All all documents, videotapes, written presentations, brochures, drawings, memoranda, notes, records, files, correspondence, manuals, models, specifications, computer programs, E-mail, voice mail, electronic databases, maps, drawings, architectural renditions, models and all other writings or materials of any type embodying any of such information, ideas, concepts, improvements, discoveries, inventions and other similar forms of expression (collectively, “Work Product”) are and shall be the sole and exclusive property of the CompanyCompany (or its affiliates). Executive agrees to perform all actions reasonably requested by the Company or its affiliates to establish and confirm such exclusive ownership. Upon termination of Executive’s employment with the Company (and at any other time upon request by the Company), for any reason, Executive promptly shall deliver all documents, files (including electronically stored information) such Confidential Information and other materials constituting or reflecting Confidential InformationWork Product, and all copies thereof, to the Company; provided, that Executive shall be entitled to retain a copy of those documents that constitute Executive’s personal address book and those documents provided to Executive by the Company that reflect Executive’s benefit plan elections.

Disclosure to and Property of the Company. For purposes of this Article V, the term “the Company” shall include the Company and any other member of the Company Groupits affiliates, and any reference to “employment” or similar terms shall include a director or director, manager and/or consulting relationship. All information, trade secrets, designs, ideas, concepts, improvements, product developments, discoveries and inventions, whether patentable or not, that are conceived, made, developed, disclosed to developed or acquired by Executive, individually or in conjunction with others, during the period of Executive’s employment by the Company (whether during business hours or otherwise and whether on the Company’s premises or otherwise) that relate to the Company’s business, trade secrets, products or services (including including, without limitation, all such information relating to corporate opportunities, strategies, business plans, product specificationsspecification, compositions, manufacturing and distribution methods and processes, research, financial and sales data, pricing terms, evaluations, opinions, interpretations, acquisition prospects, the identity of customers or their requirements, the identity of key contacts within the customer’s organizations or within the organization of acquisition prospects, or production, marketing and merchandising techniques, prospective names and marks) and all writings or materials of any type embodying any of such information, ideas, concepts, improvements, discoveries, inventions and other similar forms of expression (collectively, “Confidential Information”) shall be retained for and, to the extent practicable, disclosed to the Company and are and shall be the sole and exclusive property of the Company. For purposes of this AgreementMoreover, Confidential Information shall not include any information that (i) is or becomes generally available to the public other than as a result of a disclosure or wrongful act of Executive or any of Executive’s agents; (ii) was available to Executive on a non-confidential basis before its disclosure by the Company to Executive; or (iii) becomes available to Executive on a non-confidential basis from a source other than the Company; provided that such source is not bound by a confidentiality agreement with, or other obligation with respect to confidentiality to, the Company. All all documents, videotapes, written presentations, brochures, drawings, memoranda, notes, records, files, correspondence, manuals, models, specifications, computer programs, E-mail, voice mail, electronic databases, maps, drawings, architectural renditions, models and all other writings or materials of any type embodying any of such information, ideas, concepts, improvements, discoveries, inventions and other similar forms of expression that are conceived, made, developed or acquired by Executive individually or in conjunction with others during the period of Executive’s employment by the Company (whether during business hours or otherwise and whether on the Company’s premises or otherwise) that relate to the Company’s business, trade secrets, products or services (collectively, “Work Product”) are and shall be the sole and exclusive property of the Company. Executive agrees to perform all actions reasonably requested by the Company or its affiliates to establish and confirm such exclusive ownership. Upon termination of Executive’s employment with the Company (and at any other time upon request by the Company), for any reason, Executive promptly shall deliver all documents, files (including electronically stored information) such Confidential Information and other materials constituting or reflecting Confidential InformationWork Product, and all copies thereof, to the Company; provided. Notwithstanding the foregoing, that Confidential Information does not include any information Executive shall be entitled to retain obtains as a copy result of those documents that constitute Executive’s personal address book and those documents provided to Executive by his participation in the Company that reflect Executive’s benefit plan electionsactivities of or ownership of Peak Operator LLC through his affiliation with common investors.

Disclosure to and Property of the Company. For purposes of this Article VVI, the term “the Company” shall include the Company and any other member of the Company GroupAffiliates, and any reference to “employment” or similar terms shall include a director or and/or consulting relationship. All information, trade secrets, designs, ideas, concepts, improvements, product developments, discoveries and inventions, whether patentable or not, that are conceived, made, developed, disclosed to or acquired by Executive, individually or in conjunction with others, during the period of Executive’s employment by the Company (whether during business hours or otherwise and whether on the Company’s premises or otherwise) that relate to the Companyany Company Affiliate’s businessbusinesses, trade secrets, products or services (including including, without limitation, all such information relating to corporate opportunities, stockholders, strategies, business plans, product specifications, compositions, manufacturing and distribution methods and processes, research, financial and sales data, pricing terms, evaluations, opinions, interpretations, acquisition prospects, the identity of customers or their requirements, the identity of key contacts within the customer’s organizations or within the organization of acquisition prospects, or production, marketing and merchandising techniques, prospective names and marks) and all writings or materials of any type embodying any of such information, ideas, concepts, improvements, discoveries, inventions and other similar forms of expression (collectively, “Confidential Information”) shall be disclosed to the Company and are and shall be the sole and exclusive property of the Companyrelevant Company Affiliate, as applicable. For purposes of this AgreementMoreover, Confidential Information shall not include any information that (i) is or becomes generally available to the public other than as a result of a disclosure or wrongful act of Executive or any of Executive’s agents; (ii) was available to Executive on a non-confidential basis before its disclosure by the Company to Executive; or (iii) becomes available to Executive on a non-confidential basis from a source other than the Company; provided that such source is not bound by a confidentiality agreement with, or other obligation with respect to confidentiality to, the Company. All all documents, videotapes, written presentations, brochures, drawings, memoranda, notes, records, files, correspondence, manuals, models, specifications, computer programs, E-mailemail, voice mail, electronic databases, maps, drawings, architectural renditions, models and all other writings or materials of any type embodying any of such information, ideas, concepts, improvements, discoveries, inventions and other similar forms of expression are and shall be the sole and exclusive property of the relevant Company Affiliate, as applicable. At the Company. ’s sole expense, Executive agrees to perform all actions reasonably requested by the any Company or its affiliates Affiliate to establish and confirm such exclusive ownership. Upon termination of Executive’s employment with the Company (and at Company, for any other time upon request by the Company)reason, Executive promptly shall deliver all documents, files (including electronically stored information) and other materials constituting or reflecting such Confidential Information, and all copies thereof, to the Company; provided, that Executive shall be entitled to retain a copy of those documents that constitute Executive’s personal address book and those documents provided to Executive by the Company that reflect Executive’s benefit plan elections.

Disclosure to and Property of the Company. For purposes of this Article V, the term “the Company” shall include the Company and any other member of the Company Group, and any reference to “employment” or similar terms shall include a director or consulting relationship. All information, trade secrets, designs, ideas, concepts, improvements, product developments, discoveries discoveries, and inventions, whether patentable or not, that which are conceived, made, developed, disclosed to or acquired by the Executive, individually or in conjunction with others, during the period of Executive’s employment by the Company Term (whether during business hours or otherwise and whether on the Company’s premises or otherwise) that relate to the Company’s or any of its affiliates’ business, trade secretsproducts, products or services (including including, without limitation, all such information relating to corporate opportunities, strategies, business plans, product specifications, compositions, manufacturing and distribution methods and processes, research, financial and sales data, pricing terms, evaluations, opinions, interpretations, acquisition acquisitions prospects, the identity of customers or their requirements, the identity of key contacts within the customer’s organizations or within the organization of acquisition prospects, or production, marketing and merchandising techniques, prospective names names, and marks) and all writings or materials of any type embodying any of such information, ideas, concepts, improvements, discoveries, inventions and other similar forms of expression (collectively, “Confidential Information”) shall be disclosed to the Company consistent with the Executive’s fiduciary duties and are and shall be the sole and exclusive property of the CompanyCompany and its affiliates. For purposes of this Agreement, The term “Confidential Information shall Information” does not include any information that (i) is or becomes generally available to the public other than as a result of a disclosure or wrongful act of by the Executive (unless to defend himself in any dispute between the Executive and the Company or any of Executive’s agents; affiliate or unless required by law), or (ii) was available to Executive on a non-confidential basis before its disclosure by the Company to Executive; is or (iii) becomes available to the Executive on a non-confidential basis from a source other than the Company; Company or any of its representatives, provided that such source is not known by the Executive to be bound by a confidentiality agreement with, with or other obligation with respect of secrecy to confidentiality to, the Company. All Moreover, all documents, videotapes, written presentations, brochures, drawings, memoranda, notes, records, files, correspondence, manuals, models, specifications, computer programs, . E-mail, voice mail, electronic databases, maps, drawings, architectural renditions, models and all other writings or materials of any type embodying any of such information, ideas, concepts, improvements, discoveries, inventions and other similar forms of expression generated by the Executive in performing his duties hereunder (collectively, “Work Product”) are and shall be the sole and exclusive property of the Company. Executive agrees to perform all actions reasonably requested by the Company or its affiliates to establish and confirm such exclusive ownershipAffiliates. Upon termination of the Executive’s employment with the Company (and at any other time upon request by the Company), for any reason, the Executive promptly shall deliver all documents, files (including electronically stored information) such Confidential Information and other materials constituting or reflecting Confidential InformationWork Product, and all copies thereof, to the Company; provided, that Executive shall be entitled to retain a copy of those documents that constitute Executive’s personal address book and those documents provided to Executive by the Company that reflect Executive’s benefit plan elections.

Disclosure to and Property of the Company. For purposes of this Article V, the term “the Company” shall include the Company and any other member of the Company Group, and any reference to “employment” or similar terms shall include a director or consulting relationship. All information, trade secrets, designs, ideas, concepts, improvements, product developments, discoveries and inventions, whether patentable or not, that are conceived, made, developed, disclosed to or acquired by Executive, individually or in conjunction with others, during the period of Executive’s employment by the Company (whether during business hours or otherwise and whether on the Company’s premises or otherwise) that relate to the Company’s business, trade secrets, products or services (including all such information relating to corporate opportunities, strategies, business plans, product specifications, compositions, manufacturing and distribution methods and processes, research, financial and sales data, pricing terms, evaluations, opinions, interpretations, acquisition prospects, the identity of customers or their requirements, the identity of key contacts within the customer’s organizations or within the organization of acquisition prospects, or production, marketing and merchandising techniques, prospective names and marks) and all writings or materials of any type embodying any of such information, ideas, concepts, improvements, discoveries, inventions and other similar forms of expression (collectively, “Confidential Information”) shall be disclosed to the Company and are and shall be the sole and exclusive property of the Company. For purposes of this Agreement, Confidential Information shall not include any information that (i) is or becomes generally available to the public other than as a result of a disclosure or wrongful act of Executive or any of Executive’s agents; (ii) was available to Executive on a non-confidential basis before its disclosure by the Company to Executive; or (iii) becomes available to Executive on a non-confidential basis from a source other than the Company; provided that such source is not bound by a confidentiality agreement with, or other obligation with respect to confidentiality to, the Company. All documents, videotapes, written presentations, brochures, drawings, memoranda, notes, records, files, correspondence, manuals, models, specifications, computer programs, E-mail, voice mail, electronic databases, maps, drawings, architectural renditions, models and all other writings or materials of any type embodying any of such information, ideas, concepts, improvements, discoveries, inventions and other similar forms of expression are and shall be the sole and exclusive property of the Company. Executive agrees to perform all actions reasonably requested by the Company or its affiliates to establish and confirm such exclusive ownership. Upon termination of Executive’s employment with the Company (and at any other time upon request by the Company), Executive promptly shall deliver all documents, files (including electronically stored information) and other materials constituting or reflecting Confidential Information, and all copies thereof, to the Company; provided, that Executive shall be entitled to retain a copy of those documents that constitute Executive’s her personal address book and those documents provided to Executive her by the Company that reflect Executive’s her benefit plan elections.