Exceptions from Disclosure Restrictions. Anything herein to the contrary notwithstanding, Executive will not be restricted from disclosing or using Confidential Information that: (i) is or becomes generally available to the public other than as a result of an unauthorized disclosure by Executive or Executive’s agent; (ii) becomes available to Executive in a manner that is not in contravention of applicable law from a source (other than the Company or its affiliated entities or one of its or their officers, employees, agents or representatives) that is not bound by a confidential relationship with the Company or its affiliated entities or by a confidentiality or other similar agreement; (iii) was known to Executive on a non-confidential basis and not in contravention of applicable law or a confidentiality or other similar agreement before its disclosure to Executive by the Company or its affiliated entities or one of its or their officers, employees, agents or representatives; or (iv) is required to be disclosed by law, court order or other legal process; provided, however, that in the event disclosure is required by law, Executive will provide the Company with prompt notice of such requirement so that the Company may seek an appropriate protective order prior to any such required disclosure by Executive.
Appears in 18 contracts
Samples: Employment Agreement, Employment Agreement (PSS World Medical Inc), Employment Agreement (PSS World Medical Inc)
Exceptions from Disclosure Restrictions. Anything herein to the contrary notwithstanding, Executive will shall not be restricted from disclosing or using Confidential Information that: (ia) is or becomes generally available to the public other than as a result of an unauthorized disclosure by Executive or Executive’s his agent; (iib) becomes available to Executive in a manner that is not in contravention of applicable law from a source (other than the Company or its affiliated entities or one of its or their officers, employees, agents or representatives) that is not bound by a confidential relationship with the Company or its affiliated entities or by a confidentiality or other similar agreement; (iiic) was known to Executive on a non-confidential basis and not in contravention of applicable law or a confidentiality or other similar agreement before its disclosure to Executive by the Company or its affiliated entities or one of its or their officers, employees, agents or representatives; or (ivd) is required to be disclosed by law, court order or other legal process; provided, however, that in the event disclosure is required by law, Executive will shall provide the Company with prompt notice of such requirement so that the Company may seek an appropriate protective order prior to any such required disclosure by Executive.
Appears in 12 contracts
Samples: Employment Agreement (PSS World Medical Inc), Employment Agreement (PSS World Medical Inc), Employment Agreement (PSS World Medical Inc)
Exceptions from Disclosure Restrictions. Anything herein to the contrary notwithstanding, Executive will shall not be restricted from disclosing or using Confidential Information that: (i) is or becomes generally available to the public other than as a result of an unauthorized disclosure by Executive or Executive’s his agent; (ii) becomes available to Executive other than through his employment by the Company and the Parent and in a manner that is not in contravention of applicable law from a source (other than the Company Company, the Parent, or its affiliated entities a Related Entity or one of its or their officers, employees, agents or representatives) that is not bound by a confidential relationship with the Company Company, the Parent or its affiliated entities a Related Entity or by a confidentiality or other similar agreement; (iii) was known to the Executive on a non-confidential basis and not in contravention of applicable law or a confidentiality or other similar agreement before its disclosure to Executive by the Company Company, the Parent, or its affiliated entities a Related Entity or one of its or their officers, employees, agents or representatives; or (iv) is required to be disclosed by law, court order or other legal process; provided, however, that in the event disclosure is required by law, Executive will shall provide the Company with prompt notice of such requirement so that the Company or the Parent may seek an appropriate protective order prior to any such required disclosure by Executive.
Appears in 12 contracts
Samples: Change in Control and Termination Agreement (Equity Inns Inc), Change in Control and Termination Agreement (Equity Inns Inc), Change in Control and Termination Agreement (Equity Inns Inc)
Exceptions from Disclosure Restrictions. Anything herein to the contrary notwithstanding, Executive will shall not be restricted from disclosing or using Confidential Information that: (i) is or becomes generally available to the public other than as a result of an unauthorized disclosure by Executive or Executive’s his agent; (ii) becomes available to Executive in a manner that is not in contravention of applicable law from a source (other than the Company or its affiliated entities or one of its or their officers, employees, agents or representatives) that is not known by Executive, after reasonable investigation, to be bound by a confidential relationship with the Company or its affiliated entities or by a confidentiality or other similar agreement; or (iii) was known to Executive on a non-confidential basis and not in contravention of applicable law or a confidentiality or other similar agreement before its disclosure to Executive by the Company or its affiliated entities or one of its or their officers, employees, agents or representatives; or (iv) is required to be disclosed by law, court order or other legal process; provided, however, that in the event disclosure is required by law, court order or legal process, Executive will shall provide the Company with prompt notice of such requirement so that the Company may seek an appropriate protective order prior to any such required disclosure by Executive.
Appears in 11 contracts
Samples: Employment Agreement (Ryman Hospitality Properties, Inc.), Employment Agreement (Ryman Hospitality Properties, Inc.), Employment Agreement (Gaylord Entertainment Co /De)
Exceptions from Disclosure Restrictions. Anything herein to the contrary notwithstanding, the Executive will shall not be restricted from disclosing or using Confidential Information that: (ia) is or becomes generally available to the public other than as a result of an unauthorized disclosure by the Executive or Executive’s his agent; (iib) becomes available to the Executive in a manner that is not in contravention of applicable law from a source (other than the Company or its affiliated entities or one of its or their officers, employees, agents or representatives) that is not bound by a confidential relationship with the Company or its affiliated entities or by a confidentiality or other similar agreement; (iiic) was known to the Executive on a non-confidential basis and not in contravention of applicable law or a confidentiality or other similar agreement before its disclosure to the Executive by the Company or its affiliated entities or one of its or their officers, employees, agents or representatives; or (ivd) is required to be disclosed by law, court order or other legal process; provided, however, that in the event disclosure is required by law, the Executive will shall provide the Company with prompt notice of such requirement so that the Company may seek an appropriate protective order prior to any such required disclosure by the Executive.
Appears in 10 contracts
Samples: Change of Control Employment Agreement (Mapics Inc), Change of Control Employment Agreement (Mapics Inc), Change of Control Employment Agreement (Mapics Inc)
Exceptions from Disclosure Restrictions. Anything herein to the contrary notwithstanding, the Executive will shall not be restricted from disclosing or using Confidential Information that: (i) is or becomes generally available to the public other than as a result of an unauthorized disclosure by the Executive or Executive’s his agent; (ii) becomes available to the Executive in a manner that is not in contravention of applicable law from a source (other than the Company or its affiliated entities or one of its or their officers, employees, agents or representativesrepresentative) that is not bound by a confidential relationship with the Company or its affiliated entities or by a confidentiality or other similar agreement; (iii) was known to the Executive on a non-confidential basis and not in contravention of applicable law or a confidentiality or other similar agreement before its disclosure to the Executive by the Company or its affiliated entities or one of its or their officers, employees, agents or representatives; or (iv) is required to be disclosed by law, court order or other legal process; provided, however, that in the event disclosure is required by law, court order or legal process, any disclosure or use shall be limited to the extent that disclosure or use is required by law, court order or other legal process and the Executive will shall provide the Company with prompt notice of such requirement so that the Company may seek an appropriate protective order prior to any such required disclosure by the Executive.
Appears in 8 contracts
Samples: Severance Agreement (Heritage Property Investment Trust Inc), Severance Agreement (Heritage Property Investment Trust Inc), Severance Agreement (Heritage Property Investment Trust Inc)
Exceptions from Disclosure Restrictions. Anything herein to the contrary notwithstanding, the Executive will shall not be restricted from disclosing or using Confidential Information that: (i) is required by applicable law or in response to a lawful inquiry from a governmental or regulatory authority; (ii) is or becomes generally available to the public other than as a result of an unauthorized disclosure by the Executive or Executive’s his agent; (iiiii) becomes available to the Executive in a manner that is not in contravention of applicable law from a source (other than the Company or its affiliated entities or one of its or their officers, employees, agents or representativesrepresentative) that is not known by the Executive to be bound by a confidential relationship with the Company or its affiliated entities or by a confidentiality or other similar agreement; (iiiiv) was known to the Executive on a non-confidential basis and not in contravention of applicable law or a confidentiality or other similar agreement before its disclosure to the Executive by the Company or its affiliated entities or one of its or their officers, employees, agents or representatives; (v) loses its status as confidential information for any reason; or (ivvi) is required to be disclosed by law, court order or other legal process; provided, however, that in the event disclosure is required by law, court order or legal process, the Executive will shall provide the Company with prompt notice of such requirement so that the Company may seek an appropriate protective order prior to any such required disclosure by the Executive.
Appears in 7 contracts
Samples: Employment Agreement (Federal Home Loan Bank of Des Moines), Employment Agreement (Federal Home Loan Bank of Seattle), Employment Agreement (Federal Home Loan Bank of Des Moines)
Exceptions from Disclosure Restrictions. Anything herein to the contrary notwithstanding, Executive will shall not be restricted from disclosing or using Confidential Information that: (i) is required by applicable law or in response to a lawful inquiry from a governmental or regulatory authority; (ii) is or becomes generally available to the public other than as a result of an unauthorized disclosure by the Executive or Executive’s his agent; (iiiii) becomes available to Executive in a manner that is not in contravention of applicable law from a source (other than the Company or its affiliated entities or one of its or their officers, employees, agents or representativesrepresentative) that is not known by the Executive to be bound by a confidential relationship with the Company or its affiliated entities or by a confidentiality or other similar agreement; (iiiiv) was known to Executive on a non-confidential basis and not in contravention of applicable law or a confidentiality or other similar agreement before its disclosure to the Executive by the Company or its affiliated entities or one of its or their officers, employees, agents or representatives; (v) loses its status as confidential information for any reason; or (ivvi) is required to be disclosed by law, court order or other legal process; provided, however, that in the event disclosure is required by law, court order or legal process, Executive will shall provide the Company with prompt notice of such requirement so that the Company may seek an appropriate protective order prior to any such required disclosure by Executive.
Appears in 6 contracts
Samples: Employment Agreement (Federal Home Loan Bank of Des Moines), Employment Agreement (Federal Home Loan Bank of Des Moines), Employment Agreement (Federal Home Loan Bank of Des Moines)
Exceptions from Disclosure Restrictions. Anything herein to the contrary notwithstanding, the Executive will shall not be restricted from disclosing or using Confidential Information that: (i) is or becomes generally available to the public other than as a result of an unauthorized disclosure by the Executive or Executive’s his agent; (ii) becomes available to the Executive in a manner that is not in contravention of applicable law from a source (other than the Company or its affiliated entities or one of its or their officers, employees, agents or representativesrepresentative) that is not known by the Executive to be bound by a confidential relationship with the Company or its affiliated entities or by a confidentiality or other similar agreement; (iii) was known to the Executive on a non-confidential basis and not in contravention of applicable law or a confidentiality or other similar agreement before its disclosure to the Executive by the Company or its affiliated entities or one of its or their officers, employees, agents or representatives; or (iv) is required to be disclosed by law, court order or other legal process; provided, however, that in the event disclosure is required by law, court order or legal process, the Executive will shall provide the Company with prompt notice of such requirement so that the Company may seek an appropriate protective order prior to any such required disclosure by the Executive.
Appears in 6 contracts
Samples: Employment Agreement, Employment Agreement (Federal Home Loan Bank of Des Moines), Employment Agreement (Federal Home Loan Bank of Chicago)
Exceptions from Disclosure Restrictions. Anything herein to the --------------------------------------- contrary notwithstanding, Executive will shall not be restricted from disclosing or using Confidential Information that: (ia) is or becomes generally available to the public other than as a result of an unauthorized disclosure by Executive or Executive’s his agent; (iib) becomes available to Executive in a manner that is not in contravention of applicable law from a source (other than the Company or its affiliated entities or one of its or their officers, employees, agents or representatives) that is not bound by a confidential relationship with the Company or its affiliated entities or by a confidentiality or other similar agreement; (iiic) was known to Executive on a non-confidential basis and not in contravention of applicable law or a confidentiality or other similar agreement before its disclosure to Executive by the Company or its affiliated entities or one of its or their officers, employees, agents or representatives; or (ivd) is required to be disclosed by law, court order or other legal process; provided, however, that in the event disclosure is required by law, Executive will shall provide the Company with prompt notice of such requirement so that the Company may seek an appropriate protective order prior to any such required disclosure by Executive.
Appears in 5 contracts
Samples: Employment Agreement (Check Into Cash Inc), Employment Agreement (Check Into Cash Inc), Employment Agreement (Mapics Inc)
Exceptions from Disclosure Restrictions. Anything herein to the contrary notwithstanding, the Executive will shall not be restricted from disclosing or using Confidential Information that: (i) is or becomes generally available to the public other than as a result of an unauthorized disclosure by the Executive or Executive’s his agent; (ii) becomes available to the Executive in a manner that is not in contravention of applicable law from a source (other than the Company or its affiliated entities or one of its or their officers, employees, agents or representativesrepresentative) that is not bound by a confidential relationship with the Company or its affiliated entities or by a confidentiality or other similar agreement; (iii) was known to the Executive on a non-confidential basis and not in contravention of applicable law or a confidentiality or other similar agreement before its disclosure to the Executive by the Company or its affiliated entities or one of its or their officers, employees, agents or representatives; or (iv) is required to be disclosed by law, court order or other legal process; provided, however, that in the event disclosure is required by law, the Executive will shall provide the Company with prompt notice of such requirement so that the Company may seek an appropriate protective order prior to any such required disclosure by the Executive.
Appears in 5 contracts
Samples: Merger Severance Agreement (Promus Hotel Corp/De/), Merger Severance Agreement (Parent Holding Corp), Severance Agreement (Promus Hotel Corp/De/)
Exceptions from Disclosure Restrictions. Anything herein to the contrary notwithstanding, the Executive will shall not be restricted from disclosing or using Confidential Information that: (i) is or becomes generally available to the public other than as a result of an unauthorized disclosure by the Executive or Executive’s his agent; (ii) becomes available to the Executive in a manner that is not in contravention of applicable law from a source (other than the Company or its affiliated entities or one of its or their officers, employees, agents or representativesrepresentative) that is not known by the Executive to be bound by a confidential relationship with the Company or its affiliated entities or by a confidentiality or other similar agreement; (iii) was known to the Executive on a non-confidential basis and not in contravention of applicable law or a confidentiality or other similar agreement before its disclosure to the Executive by the Company or its affiliated entities or one of its or their officers, employees, agents or representatives; (iv) loses its status as confidential information for any reason; or (ivv) is required to be disclosed by law, court order or other legal process; provided, however, that in the event disclosure is required by law, court order or legal process, the Executive will shall provide the Company with prompt notice of such requirement so that the Company may seek an appropriate protective order prior to any such required disclosure by the Executive.
Appears in 4 contracts
Samples: Employment Agreement (Federal Home Loan Bank of Des Moines), Employment Agreement (Federal Home Loan Bank of Des Moines), Employment Agreement (Federal Home Loan Bank of Des Moines)
Exceptions from Disclosure Restrictions. Anything herein to the contrary notwithstanding, Executive will not be restricted from disclosing or using Confidential Information that: (i) is or becomes generally available to the public other than as a result of an unauthorized disclosure by Executive or Executive’s 's agent; (ii) becomes available to Executive in a manner that is not in contravention of applicable law from a source (other than the Company or its affiliated entities or one of its or their officers, employees, agents or representatives) that is not bound by a confidential relationship with the Company or its affiliated entities or by a confidentiality or other similar agreement; (iii) was known to Executive on a non-confidential basis and not in contravention of applicable law or a confidentiality or other similar agreement before its disclosure to Executive by the Company or its affiliated entities or one of its or their officers, employees, agents or representatives; or (iv) is required to be disclosed by law, court order or other legal process; provided, however, that in the event disclosure is required by law, Executive will provide the Company with prompt notice of such requirement so that the Company may seek an appropriate protective order prior to any such required disclosure by Executive.
Appears in 4 contracts
Samples: Employment Agreement (PSS World Medical Inc), Employment Agreement (PSS World Medical Inc), Employment Agreement (PSS World Medical Inc)
Exceptions from Disclosure Restrictions. Anything herein to the contrary notwithstanding, Executive will Employee shall not be restricted from disclosing or using Confidential Information that: (ia) is or becomes generally available to the public other than as a result of an unauthorized disclosure by Executive Employee or Executive’s his agent; (ii) becomes b)becomes available to Executive Employee in a manner that is not in contravention of applicable law from a source (other than the Company or its affiliated entities or one of its or their officers, employees, agents or representatives) that is not bound by a confidential relationship with the Company or its affiliated entities or by a confidentiality or other similar agreement; (iiic) was known to Executive Employee on a non-confidential basis and not in contravention of applicable law or a confidentiality or other similar agreement before its disclosure to Executive Employee by the Company or its affiliated entities or one of its or their officers, employees, agents or representatives; or (ivd) is required to be disclosed by law, court order or other legal process; provided, however, that in the event disclosure is required by law, Executive will Employee shall provide the Company with prompt notice of such requirement so that the Company may seek an appropriate protective order prior to any such required disclosure by ExecutiveEmployee.
Appears in 3 contracts
Samples: Employment Agreement (Disaster Preparedness Systems Inc.), Employment Agreement (Disaster Preparedness Systems Inc.), Employment Agreement (Disaster Preparedness Systems Inc.)
Exceptions from Disclosure Restrictions. Anything herein to the contrary notwithstanding, the Executive will shall not be restricted from disclosing or using Confidential Information that: (i) is or becomes generally available to the public other than as a result of an unauthorized disclosure by the Executive or Executive’s his agent; (ii) becomes available to the Executive in a manner that is not in contravention of applicable law from a source (other than the Company Bank or its affiliated entities or one of its or their officers, employees, agents or representatives) that is not known by the Executive to be bound by a confidential relationship with the Company Bank or its affiliated entities or by a confidentiality or other similar agreement; (iii) was known to the Executive on a non-confidential basis and not in contravention of applicable law or a confidentiality or other similar agreement before its disclosure to the Executive by the Company Bank or its affiliated entities or one of its or their officers, employees, agents agents, or representatives; or (iv) is required to be disclosed by law, court order order, or other legal process; provided, however, that in the event disclosure is required by law, court order, or legal process, the Executive will shall provide the Company Bank with prompt notice of such requirement so that the Company Bank may seek an appropriate protective order prior to any such required disclosure by the Executive.
Appears in 3 contracts
Samples: Employment Agreement (Federal Home Loan Bank of Chicago), Employment Agreement (Federal Home Loan Bank of Chicago), Employment Agreement (Federal Home Loan Bank of Chicago)
Exceptions from Disclosure Restrictions. Anything herein to the contrary notwithstanding, Executive will shall not be restricted from disclosing or using Confidential Information that: (i) is required by applicable law or in response to a lawful inquiry from a governmental or regulatory authority; (ii) is or becomes generally available to the public other than as a result of an unauthorized disclosure by Executive or any agent of Executive’s agent; (iiiii) becomes available to Executive in a manner that is not in contravention of applicable law from a source (other than the Company or its affiliated entities or one of its or their officers, employees, agents or representativesrepresentative) that is not known by Executive to be bound by a confidential relationship with the Company or its affiliated entities or by a confidentiality or other similar agreement; (iiiiv) was known to Executive on a non-confidential basis and not in contravention of applicable law or a confidentiality or other similar agreement before its disclosure to Executive by the Company or its affiliated entities or one of its or their officers, employees, agents or representatives; (v) loses its status as confidential information for any reason; or (ivvi) is required to be disclosed by law, court order or other legal process; provided, however, that in the event disclosure is required by law, court order or legal process, Executive will shall provide the Company with prompt notice of such requirement so that the Company may seek an appropriate protective order prior to any such required disclosure by Executive.
Appears in 3 contracts
Samples: Employment Agreement (Federal Home Loan Bank of Des Moines), Employment Agreement (Federal Home Loan Bank of Des Moines), Employment Agreement (Federal Home Loan Bank of Des Moines)
Exceptions from Disclosure Restrictions. Anything herein to the contrary notwithstanding, Executive you will not be restricted from disclosing or using Confidential Information that: (ia) is or becomes generally available to the public other than as a result of an unauthorized disclosure by Executive you or Executive’s your agent; (iib) becomes available to Executive you in a manner that is not in contravention of applicable law from a source (other than the Company or its affiliated entities or one of its or their officers, employees, agents or representatives) that is not bound by a confidential relationship with the Company or its affiliated entities or by a confidentiality or other similar agreement; (iiic) was known to Executive you on a non-confidential basis and not in contravention of applicable law or a confidentiality or other similar agreement before its disclosure to Executive you by the Company or its affiliated entities or one of its or their officers, employees, agents or representatives; or (ivd) is required to be disclosed by law, court order or other legal process; provided, however, that in the event disclosure is required by law, Executive you will provide the Company with prompt notice of such requirement so that the Company may seek an appropriate protective order prior to any such required disclosure by Executiveyou.
Appears in 2 contracts
Samples: PSS World Medical Inc, PSS World Medical Inc
Exceptions from Disclosure Restrictions. Anything herein to the contrary notwithstanding, the Executive will shall not be restricted from disclosing or using Confidential Information that: (i) is or becomes generally available to the public other than as a result of an unauthorized disclosure by the Executive or Executive’s his agent; (ii) becomes available to the Executive in a manner that is not in contravention of applicable law from a source (other than the Company Bank or its affiliated entities entities, or one of its or their officers, employees, agents agents, or representatives) that is not known by the Executive to be bound by a confidential relationship with the Company Bank or its affiliated entities entities, or by a confidentiality or other similar agreement; (iii) was known to the Executive on a non-confidential basis and not in contravention of applicable law or a confidentiality or other similar agreement before its disclosure to the Executive by the Company Bank or its affiliated entities entities, or one of its or their officers, employees, agents agents, or representatives; or (iv) is required to be disclosed by law, court order order, or other legal process; provided, however, that in the event disclosure is required by law, court order, or legal process, the Executive will shall provide the Company Bank with prompt notice of such requirement so that the Company Bank may seek an appropriate protective order prior to any such required disclosure by the Executive.
Appears in 2 contracts
Samples: Employment Agreement (Federal Home Loan Bank of Chicago), Employment Agreement (Federal Home Loan Bank of Chicago)
Exceptions from Disclosure Restrictions. Anything herein to the contrary notwithstanding, Executive will the Employee shall not be restricted from disclosing or using Confidential Information that: (i) is or becomes generally available to the public other than as a result of an unauthorized disclosure by Executive the Employee or Executive’s his agent; (ii) becomes available to Executive the Employee in a manner that is not in contravention of applicable law from a source (other than the Company or its affiliated entities or one of its or their officers, employees, agents or representativesrepresentative) that is not bound by a confidential relationship with the Company or its affiliated entities or by a confidentiality or other similar agreement; (iii) was known to Executive the Employee on a non-confidential basis and not in contravention of applicable law or a confidentiality or other similar agreement before its disclosure to Executive the Employee by the Company or its affiliated entities or one of its or their officers, employees, agents or representatives; or (iv) is required to be disclosed by law, court order or other legal process; provided, however, that in the event disclosure is required by law, Executive will the Employee shall provide the Company with prompt notice of such requirement so that the Company may seek an appropriate protective order prior to any such required disclosure by Executivethe Employee.
Appears in 2 contracts
Samples: Merger Severance Agreement (Promus Hotel Corp/De/), Merger Severance Agreement (Parent Holding Corp)
Exceptions from Disclosure Restrictions. Anything herein to the --------------------------------------- contrary notwithstanding, Executive will Employee shall not be restricted from disclosing or using Confidential Information that: (ia) is or becomes generally available to the public other than as a result of an unauthorized disclosure by Executive Employee or Executive’s his agent; (iib) becomes available to Executive Employee in a manner that is not in contravention of applicable law from a source (other than the Company or its affiliated entities Affiliates or one of its or their officers, employees, agents or representatives) that is not bound by a confidential relationship with the Company or its affiliated entities Affiliates or by a confidentiality or other similar agreement; (iiic) was known to Executive Employee on a non-confidential basis and not in contravention of applicable law or a confidentiality or other similar agreement before its disclosure to Executive Employee by the Company or its affiliated entities Affiliates or one of its or their officers, employees, agents or representatives; or (ivd) is required to be disclosed by law, court order or other legal process; provided, however, that in the event disclosure is required by law, Executive will court order or other legal process, Employee shall provide the Company with prompt notice of such requirement so that the Company may seek an appropriate protective order prior to any such required disclosure by ExecutiveEmployee.
Appears in 2 contracts
Samples: Employment, Confidentiality and Non Competition Agreement (Check Into Cash Inc), Non Competition Agreement (Check Into Cash Inc)
Exceptions from Disclosure Restrictions. Anything herein to the --------------------------------------- contrary notwithstanding, the Executive will shall not be restricted from disclosing or using Confidential Information that: (ia) is or becomes generally available to the public other than as a result of an unauthorized disclosure by the Executive or Executive’s his agent; (iib) becomes available to the Executive in a manner that is not in contravention of applicable law from a source (other than the Company or its affiliated entities or one of its or their officers, employees, agents or representatives) that is not bound by a confidential relationship with the Company or its affiliated entities or by a confidentiality or other similar agreement; (iiic) was known to the Executive on a non-confidential basis and not in contravention of applicable law or a confidentiality or other similar agreement before its disclosure to the Executive by the Company or its affiliated entities or one of its or their officers, employees, agents or representatives; or (ivd) is required to be disclosed by law, court order or other legal process; provided, however, that in the event disclosure is required by law, the Executive will shall provide the Company with prompt notice of such requirement so that the Company may seek an appropriate protective order prior to any such required disclosure by the Executive.
Appears in 2 contracts
Samples: Mapics Confidential (Mapics Inc), Change of Control (Mapics Inc)
Exceptions from Disclosure Restrictions. Anything herein to the contrary notwithstanding, the Executive will shall not be restricted from disclosing or using Confidential Information that: (i) is or becomes generally available to the public other than as a result of an unauthorized disclosure by the Executive or Executive’s his agent; (ii) becomes available to the Executive in a manner that is not in contravention of applicable law from a source (other than the Company or its affiliated entities or one of its or their officers, employees, agents or representatives) that is not bound by a confidential relationship with the Company or its affiliated entities or by a confidentiality or other similar agreement; (iii) was known to the Executive on a non-confidential basis and not in contravention of applicable law or a confidentiality or other similar agreement before its disclosure to the Executive by the Company or its affiliated entities or one of its or their officers, employees, agents or representatives; or (iv) is required to be disclosed by law, court order or other legal process; provided, however, that in the event disclosure is required by law, the Executive will shall provide the Company with prompt notice of such requirement so that the Company may seek an appropriate protective order prior to any such required disclosure by the Executive.
Appears in 2 contracts
Samples: Employment Agreement (Fuqua Enterprises Inc), Employment Agreement (Fuqua Enterprises Inc)
Exceptions from Disclosure Restrictions. Anything herein to the contrary notwithstanding, the Executive will shall not be restricted from disclosing or using Confidential Information that: (ia) is or becomes generally available to the public other than as a result of an unauthorized disclosure by the Executive or Executive’s his agent; (iib) becomes available to the Executive in a manner that is not in contravention of applicable law from a source (other than the Company or its affiliated entities or one of its or their officers, employees, agents or representativesrepresentative) that is not bound by a confidential relationship with the Company or its affiliated entities or by a confidentiality or other similar agreement; (iiic) was known to the Executive on a non-confidential basis and not in contravention of applicable law or a confidentiality or other similar agreement before its disclosure to the Executive by the Company or its affiliated entities or one of its or their officers, employees, agents or representatives; or (ivd) is required to be disclosed by law, court order or other legal process; provided, however, that in the event disclosure is required by law, court order or legal process, the Executive will shall provide the Company with prompt notice of such requirement so that the Company may seek an appropriate protective order prior to any such required disclosure by the Executive.
Appears in 2 contracts
Samples: Employment Agreement (Parent Holding Corp), Employment Agreement (Parent Holding Corp)
Exceptions from Disclosure Restrictions. Anything herein to the contrary notwithstanding, the Executive will shall not be restricted from disclosing or using Confidential Information that: (i) is or becomes generally available to the public other than as a result of an unauthorized disclosure by the Executive or Executive’s his agent; (ii) becomes available to the Executive in a manner that is not in contravention of applicable law from a source (other than the Company or its affiliated entities or one of its or their officers, employees, agents or representativesrepresentative) that is not bound by a confidential relationship with the Company or its affiliated entities or by a confidentiality or other similar agreement; (iii) was known to the Executive on a non-confidential basis and not in contravention of applicable law or a confidentiality or other similar agreement before its disclosure to the Executive by the Company or its affiliated entities or one of its or their officers, employees, agents or representatives; or (iv) is required to be disclosed by law, court order or other legal process; providedPROVIDED, howeverHOWEVER, that in the event disclosure is required by law, court order or legal process, the Executive will shall provide the Company with prompt notice of such requirement so that the Company may seek an appropriate protective order prior to any such required disclosure by the Executive.
Appears in 2 contracts
Samples: Severance Agreement (Parent Holding Corp), Severance Agreement (Parent Holding Corp)
Exceptions from Disclosure Restrictions. Anything herein to the contrary notwithstanding, the Executive will shall not be restricted from disclosing or using Confidential Information that: (i) is or becomes generally available to the public other than as a result of an unauthorized disclosure by the Executive or Executive’s his agent; (ii) becomes available to the Executive in a manner that is not in contravention of applicable law from a source (other than the Company Bank or its affiliated entities or one of its or their officers, employees, agents or representativesrepresentative) that is not known by the Executive to be bound by a confidential relationship with the Company Bank or its affiliated entities or by a confidentiality or other similar agreement; (iii) was known to the Executive on a non-confidential basis and not in contravention of applicable law or a confidentiality or other similar agreement before its disclosure to the Executive by the Company Bank or its affiliated entities or one of its or their officers, employees, agents or representatives; or (iv) is required to be disclosed by law, court order or other legal process; provided, however, that in the event disclosure is required by law, court order or legal process, the Executive will shall provide the Company Bank with prompt notice of such requirement so that the Company Bank may seek an appropriate protective order prior to any such required disclosure by the Executive.
Appears in 2 contracts
Samples: Employment Agreement and General Release, Employment Agreement and General Release (Federal Home Loan Bank of Chicago)
Exceptions from Disclosure Restrictions. Anything herein to the contrary notwithstanding, the Executive will shall not be restricted from disclosing or using Confidential Information that: (i) is or becomes generally available to the public other than as a result of an unauthorized disclosure by the Executive or Executive’s his agent; (ii) becomes available to the Executive in a manner that is not in contravention of applicable law from a source (other than the Company or its affiliated entities or one of its or their officers, employees, agents or representativesrepresentative) that is not bound by a confidential relationship with the Company or its affiliated entities or by a confidentiality or other similar agreement; (iii) was known to the Executive on a non-confidential basis and not in contravention of applicable law or a confidentiality or other similar agreement before its disclosure to the Executive by the Company or its affiliated entities or one of its or their officers, employees, agents or representatives; or (iv) is required to be disclosed by law, court order or other legal process; provided, however, that in the event disclosure is required by law, court order or legal process, the Executive will shall provide the Company with prompt notice of such requirement so that the Company may seek an appropriate protective order prior to any such required disclosure by the Executive.
Appears in 2 contracts
Samples: Severance Agreement (Promus Hotel Corp/De/), Severance Agreement (Promus Hotel Corp/De/)
Exceptions from Disclosure Restrictions. Anything herein to the contrary notwithstanding, Executive will shall not be restricted from disclosing or using Confidential Information that: (i) is required by applicable law or in response to a lawful inquiry from a governmental or regulatory authority; (ii) is or becomes generally available to the public other than as a result of an unauthorized disclosure by Executive or Executive’s his agent; (iiiii) becomes available to Executive in a manner that is not in contravention of applicable law from a source (other than the Company or its affiliated entities or one of its or their officers, employees, agents or representativesrepresentative) that is not known by Executive to be bound by a confidential relationship with the Company or its affiliated entities or by a confidentiality or other similar agreement; (iiiiv) was known to Executive on a non-confidential basis and not in contravention of applicable law or a confidentiality or other similar agreement before its disclosure to Executive by the Company or its affiliated entities or one of its or their officers, employees, agents or representatives; (v) loses its status as confidential information for any reason; or (ivvi) is required to be disclosed by law, court order or other legal process; provided, however, that in the event disclosure is required by law, court order or legal process, Executive will shall provide the Company with prompt notice of such requirement so that the Company may seek an appropriate protective order prior to any such required disclosure by Executive.
Appears in 1 contract
Samples: Employment Agreement (Federal Home Loan Bank of Des Moines)
Exceptions from Disclosure Restrictions. Anything herein to the contrary notwithstanding, the Executive will shall not be restricted from disclosing or using Confidential Information that: (i) is or becomes generally available to the public other than as a result of an unauthorized disclosure by the Executive or Executive’s his agent; (ii) becomes available to the Executive in a manner that is not in contravention of applicable law from a source (other than the Company or its affiliated entities or one of its or their officers, employees, agents or representativesrepresentative) that is not bound by a confidential relationship with the Company or its affiliated entities or by a confidentiality or other similar agreement; (iii) was known to the Executive on a non-confidential basis and not in contravention of applicable law or a confidentiality or other similar agreement before its disclosure to the Executive by the Company or its affiliated entities or one of its or their officers, employees, agents or representatives; or (iv) is required to be disclosed by law, court order or other legal process; providedPROVIDED, howeverHOWEVER, that in the event disclosure is required by law, court order or legal process, any disclosure or use shall be limited to the extent that disclosure or use is required by law, court order or other legal process and the Executive will shall provide the Company with prompt notice of such requirement so that the Company may seek an appropriate protective order prior to any such required disclosure by the Executive.
Appears in 1 contract
Samples: Form of Severance Agreement (Heritage Property Investment Trust Inc)
Exceptions from Disclosure Restrictions. Anything herein to the contrary notwithstanding, Executive Xxxxxx will not be restricted from disclosing or using Confidential Information that: (ia) is or becomes generally available to the public other than as a result of an unauthorized disclosure by Executive Xxxxxx or Executive’s his agent; (iib) becomes available to Executive Xxxxxx in a manner that is not in contravention of applicable law from a source (other than the Company or its affiliated entities or one of its or their officers, employees, agents or representatives) that is not bound by a confidential relationship with the Company or its affiliated entities or by a confidentiality or other similar agreement; (iiic) was known to Executive Xxxxxx on a non-confidential basis and not in contravention of applicable law or a confidentiality or other similar agreement before its disclosure to Executive Xxxxxx by the Company or its affiliated entities or one of its or their officers, employees, agents or representatives; or (ivd) is required to be disclosed by law, court order or other legal process; provided, however, that in the event disclosure is required by law, Executive Xxxxxx will provide the Company with prompt notice of such requirement so that the Company may seek an appropriate protective order prior to any such required disclosure by ExecutiveXxxxxx.
Appears in 1 contract
Samples: Consulting and Restrictive Covenants Agreement (PSS World Medical Inc)
Exceptions from Disclosure Restrictions. Anything herein to the contrary notwithstanding, the Executive will shall not be restricted from disclosing or using Confidential Information that: (ia) is or becomes generally available to the public other than as a result of an unauthorized disclosure by the Executive or Executive’s his agent; (iib) becomes available to the Executive in a manner that is not in contravention of applicable law from a source (other than the Company or its affiliated entities or one of its or their officers, employees, agents or representativesrepresentative) that is not bound by a confidential relationship with the Company or its affiliated entities or by a confidentiality or other similar agreement; (iiic) was known to the Executive on a non-confidential basis and not in contravention of applicable law or a confidentiality or other similar agreement before its disclosure to the Executive by the Company or its affiliated entities or one of its or their officers, employees, agents or representatives; or (ivd) is required to be disclosed by law, court order or other legal process; providedPROVIDED, howeverHOWEVER, that in the event disclosure is required by law, court order or legal process, the Executive will shall provide the Company with prompt notice of such requirement so that the Company may seek an appropriate protective order prior to any such required disclosure by the Executive.. 15.05
Appears in 1 contract
Exceptions from Disclosure Restrictions. Anything herein to the contrary notwithstanding, the Executive will shall not be restricted from disclosing or using Confidential Information that: (ia) is or becomes generally available to the public other than as a result of an unauthorized disclosure by the Executive or Executive’s his agent; (iib) becomes available to the Executive in a manner that is not in contravention of applicable law from a source (other than the Company or its affiliated entities or one of its or their officers, employees, agents or representativesrepresentative) that is not known by the Executive bound by a confidential relationship with the Company or its affiliated entities or by a confidentiality or other similar agreement; (iiic) was known to the Executive on a non-confidential basis and not in contravention of applicable law or a confidentiality or other similar agreement before its disclosure to the Executive by the Company or its affiliated entities or one of its or their officers, employees, agents or representatives; or (ivd) is required to be disclosed by law, court order or other legal process; provided, however, that in the event disclosure is required by law, court order or legal process, the Executive will shall provide the Company with prompt notice of such requirement so that the Company may seek an appropriate protective order prior to any such required disclosure by the Executive.
Appears in 1 contract
Exceptions from Disclosure Restrictions. Anything herein to the contrary notwithstanding, the Executive will shall not be restricted from disclosing or using Confidential Information that: (ia) is or becomes generally available to the public other than as a result of an unauthorized disclosure by the Executive or Executive’s his agent; (iib) becomes available to the Executive in a manner that is not in contravention of applicable law from a source (other than the Company or its affiliated entities or one of its or their officers, employees, agents or representativesrepresentative) that is not bound by a confidential relationship with the Company or its affiliated entities or by a confidentiality or other similar agreement; (iiic) was known to the Executive on a non-confidential basis and not in contravention of applicable law or a confidentiality or other similar agreement before its disclosure to the Executive by the Company or its affiliated entities or one of its or their officers, employees, agents or representatives; or (ivd) is required to be disclosed by law, court order or other legal process; providedPROVIDED, howeverHOWEVER, that in the event disclosure is required by law, court order or legal process, the Executive will shall provide the Company with prompt notice of such requirement so that the Company may seek an appropriate protective order prior to any such required disclosure by the Executive.
Appears in 1 contract
Exceptions from Disclosure Restrictions. Anything herein to the contrary notwithstanding, Executive will shall not be restricted from disclosing or using Confidential Information that: (i) is required by applicable law or in response to a lawful inquiry from a governmental or regulatory authority; (ii) is or becomes generally available to the public other than as a result of an unauthorized disclosure by the Executive or Executive’s his agent; (iiiii) becomes available to Executive in a manner that is not in contravention of applicable law from a source (other than the Company or its affiliated entities or one of its or their officers, employees, agents or representativesrepresentative) that is not known by Executive to be bound by a confidential relationship with the Company or its affiliated entities or by a confidentiality or other similar agreement; (iiiiv) was known to the Executive on a non-confidential basis and not in contravention of applicable law or a confidentiality or other similar agreement before its disclosure to the Executive by the Company or its affiliated entities or one of its or their officers, employees, agents or representatives; (v) loses its status as confidential information for any reason; or (ivvi) is required to be disclosed by law, court order or other legal process; provided, however, that in the event disclosure is required by law, court order or legal process, Executive will shall provide the Company with prompt notice of such requirement so that the Company may seek an appropriate protective order prior to any such required disclosure by Executive.
Appears in 1 contract
Samples: Employment Agreement (Federal Home Loan Bank of Des Moines)
Exceptions from Disclosure Restrictions. Anything herein to the contrary notwithstanding, the Executive will shall not be restricted from disclosing or using Confidential Information that: (i) is required by applicable law or in response to a lawful inquiry from a governmental or regulatory authority; (ii) is or becomes generally available to the public other than as a result of an unauthorized disclosure by the Executive or Executive’s his agent; (iiiii) becomes available to the Executive in a manner that is not in contravention of applicable law from a source (other than the Company or its affiliated entities or one of its or their officers, employees, agents or representativesrepresentative) that is not known by the Executive to be bound by a confidential relationship with the Company or its affiliated entities or by a confidentiality or other similar agreement; (iiiiv) was known to the Executive on a non-confidential basis and not in contravention of applicable law or a confidentiality or other similar agreement before its disclosure to the Executive by the Company or its affiliated entities or one of its or their officers, employees, agents or representatives; (v) loses its status as confidential information for any reason; or (ivvi) is required to be disclosed by law, court order or other legal process; provided, however, that in the event disclosure is required by law, court order or legal process, the Executive will shall provide the Company with prompt notice of such requirement so that the Company may seek an appropriate protective order prior to any such required disclosure by the Executive. 15.
Appears in 1 contract
Samples: Employment Agreement
Exceptions from Disclosure Restrictions. Anything herein to the contrary notwithstanding, Executive will shall not be restricted from disclosing or using Confidential Information that: (i) is or becomes generally available to the public other than as a result of an unauthorized disclosure by Executive or Executive’s his agent; (ii) becomes available to Executive in a manner that is not in contravention of applicable law from a source (other than the Company or its affiliated entities or one of its or their officers, employees, agents or representatives) that is not known by Executive, after reasonable investigation, to be bound by a confidential relationship with the Company or its affiliated entities or by a confidentiality or other similar agreement; or (iii) was known to Executive on a non-confidential basis and not in contravention of applicable law or a confidentiality or other similar agreement before its disclosure to Executive by the Company or its affiliated entities or one of its or their officers, employees, agents or representatives; or (iv) is required to be disclosed by law, court order or other legal or administrative process; provided, however, that in the event disclosure is required by law, court order or legal or administrative process, Executive will shall, to the extent practicable under the circumstances, provide the Company with prompt notice of such requirement so that the Company may seek an appropriate protective order prior to any such required disclosure by Executive.
Appears in 1 contract
Exceptions from Disclosure Restrictions. Anything herein to the contrary notwithstanding, the Executive will shall not be restricted from disclosing or using Confidential Information that: (i) is or becomes generally available to the public other than as a result of an unauthorized disclosure by the Executive or Executive’s his agent; (ii) becomes available to the Executive in a manner that is not in contravention of applicable law from a source (other than the Company or its affiliated entities or one of its or their officers, employees, agents or representativesrepresentative) that is not bound by a confidential relationship with the Company or its affiliated entities or by a confidentiality or other similar agreement; (iii) was known to the Executive on a non-confidential basis and not in contravention of applicable law or a confidentiality or other similar agreement before its disclosure to the Executive by the Company or its affiliated entities or one of its or their officers, employees, agents or representatives; or (iv) is required to be disclosed by law, court order or other legal process; providedPROVIDED, howeverHOWEVER, that in the event disclosure is required by law, court order or legal process, the Executive will shall provide the Company with prompt notice of such requirement so that the Company may seek an appropriate protective order prior to any such required disclosure by the Executive.. (e)
Appears in 1 contract