Common use of Employee’s Acknowledgments Clause in Contracts

Employee’s Acknowledgments. Employee acknowledges that: (a) in the course of Employee's employment by the Company, Employee will acquire information concerning the Company's sales, sales volume, sales methods, sales proposals, customers and prospective customers, identity of key personnel in the employ of customers and prospective customers, amount or kind of customer's purchases from the Company, the Company's recruiting method and practices, computer programs, system documentation, special hardware, product hardware, related software development, manuals, formulae, processes, methods and other confidential or proprietary information belonging to the Company relating to the Company's affairs (collectively referred to herein as the "Confidential Information"); (b) the Confidential Information is the property of the Company; (c) the use, misappropriation or disclosure of the Confidential Information would constitute a breach of trust and could cause irreparable injury to the Company; and (d) it is essential for the protection of the Company's goodwill and to the maintenance of the Company's competitive position that the Confidential Information be kept secret and that Employee not disclose the Confidential Information to others or use the Confidential Information to Employee's own advantage or the advantage of others. Employee further acknowledges that it is essential for the proper protection of the business of the Company that Employee be restrained (a) from soliciting or inducing any employee of the Company to leave the employ of the Company, (b) from soliciting the trade of or trading with the customers of the Company for a competitive purpose and (c) from competing against the Company for a reasonable period of time following termination of Employee's employment by the Company.

Appears in 8 contracts

Samples: Employment Agreement (Ubics Inc), Employment Agreement (Ubics Inc), Employment Agreement (Ubics Inc)

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Employee’s Acknowledgments. Employee acknowledges that: (a) in the course of Employee's employment by the Company, Employee will acquire information concerning the Company's sales, sales volume, sales methods, sales proposals, customers and prospective customers, identity of key personnel in the employ employment of customers and prospective customersthe Company, amount or kind of customer's purchases from the Company, the Company's recruiting method and practices, computer programs, system documentation, special hardware, product hardware, related software development, manuals, formulae, processes, methods and other confidential or proprietary information belonging to the Company relating to the Company's affairs (collectively referred to herein as the "Confidential Information"); (b) the Confidential Information is the property of the Company; (c) the use, misappropriation or disclosure of the Confidential Information would constitute a breach of trust and could cause irreparable injury damage to the Company; and (d) it is essential for the protection of the Company's goodwill and to the maintenance of the Company's competitive position that the Confidential Information be kept secret and that Employee not disclose the Confidential Information to others or use the Confidential Information to Employee's own advantage or the advantage of others. Employee further acknowledges that it is essential for the proper protection of the business of the Company that Employee be restrained from: (a) from soliciting or inducing any employee of the Company to leave the employ employment of the Company, (b) from soliciting the trade of or trading with the customers of the Company for a competitive purpose and (c) from competing against the Company for a reasonable period of time following termination of Employee's employment by the Company.

Appears in 2 contracts

Samples: Employment Agreement (Ubics Inc), Employment Agreement (Ubics Inc)

Employee’s Acknowledgments. Employee recognizes and acknowledges that: (a) in the course of Employee's employment by the CompanyCompany it will be necessary for Employee to acquire information which could include, Employee will acquire in whole or in part, information concerning the Company's business plan, sales, sales volume, sales methods, sales proposals, customers and prospective customers, prospective customers, identity of key purchasing personnel in the employ of customers and identity of customers and prospective customers, amount or kind of customer's purchases from the Company, the Company's recruiting method contracts, identity of the Company's partners and practicesjoint venturers and prospective partners and joint venturers, the Company's computer programs, system documentation, special hardware, product hardware, related software development, the Company's manuals, formulae, processes, methods and methods, machines, compositions, ideas, improvements, inventions or other confidential or proprietary information belonging to the Company or relating to the Company's affairs (collectively referred to herein as the "Confidential Information"); (b) the Confidential Information is the property of the Company; (c) the use, misappropriation or disclosure of the Confidential Information would constitute a breach of trust and could cause irreparable injury to the Company; and (d) it is essential for to the protection of the Company's goodwill good will and to the maintenance of the Company's competitive position that the Confidential Information be kept secret and that Employee not disclose the Confidential Information to others or use the Confidential Information to Employee's own advantage or the advantage of others. Employee further recognizes and acknowledges that it is essential for the proper protection of the business of the Company that Employee be restrained (a) from soliciting or inducing any employee of the Company to leave the employ of the Company, (b) from hiring or attempting to hire any employee of the Company, (c) from soliciting the trade of or trading with the customers and suppliers of the Company for a competitive purpose any business purpose, and (cd) from competing against the Company for a reasonable period of time following the termination of Employee's employment by with the Company. Employee further recognizes and understands that his duties at the Company may include the preparation of materials, including written or graphic materials, and that any such materials conceived or written by him shall be done as "work made for hire" as defined and used in the Copyright Act of 1976, 17 U.S.C. ss. 1 et seq. In the event of publication of such materials, Employee understands that since the work is a "work made for hire," the Company will solely retain and own all rights in said materials, including right of copyright, and that the Company may, at its discretion, on a case-by-case basis, grant Employee by-line credit on such materials as the Company may deem appropriate.

Appears in 1 contract

Samples: Employment Agreement (Adelphia Communications Corp)

Employee’s Acknowledgments. Employee acknowledges that: (a) in the course of Employee's employment by the Company, Employee will acquire information concerning the Company's sales, sales volume, sales methods, sales proposals, customers and prospective customers, identity of key personnel in the employ of customers and prospective customers, amount or kind of customer's purchases from the Company, the Company's recruiting method and practices, computer programs, system documentation, special hardware, product hardware, related software development, manuals, formulae, processes, methods and other confidential or proprietary information belonging to the Company relating to the Company's affairs (collectively referred to herein as the "Confidential Information"); (b) the Confidential Information is the property of the Company; (c) the use, misappropriation or disclosure of the Confidential Information would constitute a breach of trust and could cause irreparable injury to the Company; and (d) it is essential for the protection of the Company's goodwill and to the maintenance of the Company's -4- 145 competitive position that the Confidential Information be kept secret and that Employee not disclose the Confidential Information to others or use the Confidential Information to Employee's own advantage or the advantage of others. Employee further acknowledges that it is essential for the proper protection of the business of the Company that Employee be restrained (a) from soliciting or inducing any employee of the Company to leave the employ of the Company, (b) from soliciting the trade of or trading with the customers of the Company for a competitive purpose and (c) from competing against the Company for a reasonable period of time pursuant to Section 4.06 below following termination of Employee's employment by the Company. For purposes of Articles III and IV hereof, the term "Company" shall also include R Systems and all other subsidiaries of the Company and R Systems.

Appears in 1 contract

Samples: Acquisition and Stock Exchange Agreement (Ubics Inc)

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Employee’s Acknowledgments. Employee acknowledges that: (a) in the course of Employee's employment by the Company, Employee will acquire information concerning the Company's sales, sales volume, sales methods, sales proposals, customers and prospective customers, identity of key personnel in the employ of customers and prospective customers, amount or kind of customer's purchases from the Company, the Company's recruiting method and practices, computer programs, system documentation, special hardware, product hardware, related software development, manuals, formulae, processes, methods and other confidential or proprietary information belonging to the Company relating to the Company's affairs (collectively referred to herein as the "Confidential Information"); (b) the Confidential Information is the property of the Company; (c) the use, misappropriation or disclosure of the Confidential Information would constitute a breach of trust and could cause irreparable injury to the Company; and (d) it is essential for the protection of the Company's goodwill and to the maintenance of the Company's competitive position that the Confidential Information be kept secret and that Employee not disclose the Confidential Information to others or use the Confidential Information to Employee's own advantage or the advantage of others. Employee further acknowledges that it is essential for the proper protection of the business of the Company that Employee be restrained (a) from soliciting or inducing any employee of the Company to leave the employ of the Company, (b) from soliciting the trade of or trading with the customers of the Company for a competitive purpose and (c) from competing against the Company for a reasonable period of time pursuant to Section 4.06 below following termination of Employee's employment by the Company. For purposes of Articles III and IV hereof, the term "Company" shall also include R Systems and all other subsidiaries of the Company and R Systems.

Appears in 1 contract

Samples: Acquisition and Stock Exchange Agreement (Ubics Inc)

Employee’s Acknowledgments. Employee acknowledges that: (a) in the course of Employee's employment by the Company, Employee will acquire information concerning the Company's sales, sales volume, sales methods, sales proposals, customers and prospective customers, identity of key personnel in the employ employment of customers and prospective customersthe Company, amount or kind of customer's purchases from the Company, the Company's recruiting method and practices, computer programs, system documentation, special hardware, product hardware, related software development, manuals, formulae, processes, methods and other confidential or proprietary information belonging to the Company relating to the Company's affairs (collectively referred to herein as the "Confidential Information"); (b) the Confidential Information is the property of the Company; (c) the use, misappropriation or disclosure of the Confidential Information would constitute a breach of trust and could cause irreparable injury damage to the Company; and (d) it is essential for the protection of the Company's goodwill and to the maintenance of the Company's competitive position that the Confidential Information be kept secret and that Employee not disclose the Confidential Information to others or use the Confidential Information to Employee's own advantage or the advantage of others. Employee further acknowledges that it is essential for the proper protection of the business of the Company that Employee be restrained from: (a) from soliciting or inducing any employee of the Company to leave the employ employment of the Company, (b) from soliciting the trade of or trading with the customers of the Company for a competitive purpose pursuant to P. 4.04 and (c) from competing against the Company for a reasonable period of time following termination of Employee's employment by the Company4.05 hereof.

Appears in 1 contract

Samples: Employment Agreement (Ubics Inc)

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