Common use of Inventions and Discoveries Clause in Contracts

Inventions and Discoveries. A. Employee agrees that all inventions and discoveries, whether patentable or unpatentable, which are conceived or made by him/her during his/her employment, either solely or jointly with others, and which relate in any way to the products or business of Symantec, shall belong to Symantec. Employee agrees that he/she has been notified and understands that the provisions of this paragraph do not apply to any Invention that qualifies fully under the provisions of Section 2870 of the California Labor Code, which states as follows: ANY PROVISION IN AN EMPLOYMENT AGREEMENT WHICH PROVIDES THAT AN EMPLOYEE SHALL ASSIGN OR OFFER TO ASSIGN ANY OF HIS OR HER RIGHTS IN AN INVENTION TO HIS OR HER EMPLOYER SHALL NOT APPLY TO AN INVENTION THAT THE EMPLOYEE DEVELOPED ENTIRELY ON HIS OR HER OWN TIME WITHOUT USING THE EMPLOYER’S EQUIPMENT, SUPPLIES, FACILITIES, OR TRADE SECRET INFORMATION EXCEPT FOR THOSE INVENTIONS THAT EITHER: (1) RELATE AT THE TIME OF CONCEPTION OR REDUCTION TO PRACTICE OF THE INVENTION TO THE EMPLOYER’S BUSINESS, OR ACTUAL OR DEMONSTRABLY ANTICIPATED RESEARCH OR DEVELOPMENT OF THE EMPLOYMENT RESEARCH OR DEVELOPMENT OF THE EMPLOYER, OR (2) RESULT FROM ANY WORK PERFORMED BY THE EMPLOYEE FOR THE EMPLOYER. TO THE EXTENT A PROVISION IN AN EMPLOYMENT PURPORTS TO REQUIRE AN EMPLOYEE TO ASSIGN AN INVENTION OTHERWISE EXCLUDED FROM BEING REQUIRED TO BE ASSIGNED UNDER CALIFORNIA LABOR CODE SECTION 1870 (A), THE PROVISION IS AGAINST THE PUBLIC POLICY OF THIS STATE AND IS UNENFORCEABLE. B. Employee agrees that he/she will disclose to Symantec in writing any inventions and discoveries covered by this Agreement. Employee further agrees that, without further remuneration, he/she will do any and all of the following acts at the request and expense of Symantec: (1) execute any assignments to Symantec or its nominee of the entire right, title, and interest in and to any such inventions and discoveries; (2) execute any other proper instruments or documents necessary or desirable in applying for and obtaining patents on such inventions and discoveries in the United States and foreign countries; and (3) to cooperate in the prosecution or defense of any claims, lawsuits, or other proceedings involving such invention and discoveries.

Appears in 15 contracts

Samples: Employment Agreement (Symantec Corp), Employment Agreement (Symantec Corp), Employment Agreement (Symantec Corp)

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Inventions and Discoveries. A. (a) Employee understands and agrees that all inventions and inventions, discoveries, ideas, improvements, whether patentable patentable, copyrightable or unpatentablenot, pertaining to the Business of the Company or relating to the Company’s actual or demonstrably anticipated research, development or inventions (collectively, “Inventions and Discoveries”) that result from any work performed by Employee solely or jointly with others for the Company which are conceived or made by him/her during his/her employmentEmployee, either solely or jointly with others, conceives, develops, or reduces to practice during the course of Employee’s employment with the Company, are the sole and which relate in any way exclusive property of the Company. Employee will promptly disclose all such matters to the products or business of Symantec, shall belong to SymantecCompany and will assist the Company in obtaining legal protection for Inventions and Discoveries. Employee hereby agrees on behalf of himself, his executors, legal representatives and assignees that he/she has been notified he will assign, transfer and understands that convey to the provisions of this paragraph do not apply to any Invention that qualifies fully under Company, its successors and assigns the provisions of Section 2870 of the California Labor Code, which states as follows: ANY PROVISION IN AN EMPLOYMENT AGREEMENT WHICH PROVIDES Inventions and Discoveries. (b) THE COMPANY AND EMPLOYEE ACKNOWLEDGE AND AGREE THAT AN EMPLOYEE SHALL ASSIGN OR OFFER TO ASSIGN ANY OF HIS OR HER RIGHTS IN AN INVENTION TO HIS OR HER EMPLOYER SECTION 4.6(a) SHALL NOT APPLY TO AN INVENTION THAT THE OF EMPLOYEE DEVELOPED ENTIRELY ON HIS OR HER OWN TIME WITHOUT USING THE EMPLOYER’S FOR WHICH NO EQUIPMENT, SUPPLIES, FACILITIES, FACILITY OR TRADE SECRET INFORMATION EXCEPT FOR THOSE INVENTIONS THAT EITHER: (1) RELATE AT THE TIME OF CONCEPTION OR REDUCTION TO PRACTICE OF THE COMPANY WAS USED AND WHICH WAS DEVELOPED ENTIRELY ON EMPLOYEE’S OWN TIME, UNLESS (A) THE INVENTION RELATED (I) TO THE EMPLOYERBUSINESS OF THE COMPANY OR (II) TO THE COMPANY’S BUSINESS, OR ACTUAL OR DEMONSTRABLY ANTICIPATED RESEARCH OR DEVELOPMENT OF THE EMPLOYMENT RESEARCH OR DEVELOPMENT OF THE EMPLOYERDEVELOPMENT, OR (2B) RESULT THE INVENTION RESULTS FROM ANY WORK PERFORMED BY THE EMPLOYEE FOR THE EMPLOYERCOMPANY. EMPLOYEE AND THE COMPANY FURTHER ACKNOWLEDGE AND AGREE THAT SECTION 4.6(a) SHALL NOT APPLY TO ANY INVENTIONS OR WORK PRODUCT DEVELOPED OR VESTED BY EMPLOYEE PRIOR TO THE EXTENT EFFECTIVE DATE. (c) EMPLOYEE ACKNOWLEDGES THAT HE HAS READ THIS SECTION 4.6 AND FULLY UNDERSTANDS THE LIMITATIONS WHICH IT IMPOSES UPON HIM AND HAS RECEIVED A PROVISION IN AN EMPLOYMENT PURPORTS TO REQUIRE AN EMPLOYEE TO ASSIGN AN INVENTION OTHERWISE EXCLUDED FROM BEING REQUIRED TO BE ASSIGNED UNDER CALIFORNIA LABOR CODE SECTION 1870 (A), THE PROVISION IS AGAINST THE PUBLIC POLICY DUPLICATE COPY OF THIS STATE AND IS UNENFORCEABLEAGREEMENT FOR HIS RECORDS. B. Employee agrees that he/she will disclose to Symantec in writing any inventions and discoveries covered by this Agreement. Employee further agrees that, without further remuneration, he/she will do any and all of the following acts at the request and expense of Symantec: (1) execute any assignments to Symantec or its nominee of the entire right, title, and interest in and to any such inventions and discoveries; (2) execute any other proper instruments or documents necessary or desirable in applying for and obtaining patents on such inventions and discoveries in the United States and foreign countries; and (3) to cooperate in the prosecution or defense of any claims, lawsuits, or other proceedings involving such invention and discoveries.

Appears in 8 contracts

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

Inventions and Discoveries. A. Employee (a) Executive understands and agrees that all inventions and inventions, discoveries, ideas, improvements, whether patentable patentable, copyrightable or unpatentablenot, pertaining to the Business or relating to Company’s or any of its Subsidiaries’ or Affiliates’ actual or demonstrably anticipated research, development or inventions (collectively, “Inventions and Discoveries”) that result from any work performed by Executive solely or jointly with others for the Company or any of its Subsidiaries or Affiliates which are conceived or made by him/her during his/her employmentExecutive, either solely or jointly with others, conceives, develops, or reduces to practice during the course of Executive’s employment with the Company or any of its Subsidiaries, are the sole and which relate in any way exclusive property of the Company. Executive will promptly disclose all such matters to the products or business Company and will assist the Company in obtaining legal protection for Inventions and Discoveries. Executive hereby agrees on behalf of Symantechimself, shall belong to Symantec. Employee agrees his/her executors, legal representatives and assignees that he/she has been notified will assign, transfer and understands that convey to the provisions of this paragraph do not apply to any Invention that qualifies fully under Company, its successors and assigns the provisions of Section 2870 of the California Labor Code, which states as follows: ANY PROVISION IN AN EMPLOYMENT AGREEMENT WHICH PROVIDES Inventions and Discoveries. (b) THE COMPANY AND EXECUTIVE ACKNOWLEDGE AND AGREE THAT AN EMPLOYEE SHALL ASSIGN OR OFFER TO ASSIGN ANY OF HIS OR HER RIGHTS IN AN INVENTION TO HIS OR HER EMPLOYER SECTION 6(a) SHALL NOT APPLY TO AN INVENTION THAT THE EMPLOYEE DEVELOPED ENTIRELY ON HIS OR HER OWN TIME WITHOUT USING THE EMPLOYER’S OF EXECUTIVE FOR WHICH NO EQUIPMENT, SUPPLIES, FACILITIES, FACILITY OR TRADE SECRET INFORMATION EXCEPT FOR THOSE INVENTIONS THAT EITHER: (1) RELATE AT THE TIME OF CONCEPTION OR REDUCTION TO PRACTICE OF THE COMPANY OR ANY OF ITS SUBSIDIARIES WAS USED AND WHICH WAS DEVELOPED ENTIRELY ON EXECUTIVE’S OWN TIME, UNLESS (A) THE INVENTION RELATED (I) TO THE EMPLOYERBUSINESS OF THE COMPANY OR ANY OF ITS SUBSIDIARIES OR AFFILIATES OR (II) TO THE COMPANY’S BUSINESS, OR ANY OF ITS SUBSIDIARIES’ OR AFFILIATES’ ACTUAL OR DEMONSTRABLY ANTICIPATED RESEARCH OR DEVELOPMENT OF THE EMPLOYMENT RESEARCH OR DEVELOPMENT OF THE EMPLOYERDEVELOPMENT, OR (2B) RESULT THE INVENTION RESULTS FROM ANY WORK PERFORMED BY THE EMPLOYEE EXECUTIVE FOR THE EMPLOYER. TO COMPANY OR ANY OF ITS SUBSIDIARIES OR AFFILIATES. (c) EXECUTIVE ACKNOWLEDGES THAT HE/SHE HAS READ THIS SECTION 6 AND FULLY UNDERSTANDS THE EXTENT LIMITATIONS WHICH IT IMPOSES UPON HIM AND HAS RECEIVED A PROVISION IN AN EMPLOYMENT PURPORTS TO REQUIRE AN EMPLOYEE TO ASSIGN AN INVENTION OTHERWISE EXCLUDED FROM BEING REQUIRED TO BE ASSIGNED UNDER CALIFORNIA LABOR CODE SECTION 1870 (A), THE PROVISION IS AGAINST THE PUBLIC POLICY DUPLICATE COPY OF THIS STATE AND IS UNENFORCEABLEAGREEMENT FOR HIS/HER RECORDS. B. Employee agrees that he/she will disclose to Symantec in writing any inventions and discoveries covered by this Agreement. Employee further agrees that, without further remuneration, he/she will do any and all of the following acts at the request and expense of Symantec: (1) execute any assignments to Symantec or its nominee of the entire right, title, and interest in and to any such inventions and discoveries; (2) execute any other proper instruments or documents necessary or desirable in applying for and obtaining patents on such inventions and discoveries in the United States and foreign countries; and (3) to cooperate in the prosecution or defense of any claims, lawsuits, or other proceedings involving such invention and discoveries.

Appears in 4 contracts

Samples: Employment Agreement (Surgery Partners, Inc.), Employment Agreement (Surgery Partners, Inc.), Employment Agreement (Surgery Partners, Inc.)

Inventions and Discoveries. A. Employee (a) Participant understands and agrees that all inventions and inventions, discoveries, ideas, improvements, whether patentable patentable, copyrightable or unpatentablenot, pertaining to the Business of the Company or relating to the Company’s actual or demonstrably anticipated research, development or inventions (collectively, “Inventions and Discoveries”) that result from any work performed by Participant solely or jointly with others for the Company which are conceived or made by him/her during his/her employmentParticipant, either solely or jointly with others, conceives, develops, or reduces to practice during the course of Participant’s employment with the Company, are the sole and which relate in any way exclusive property of the Company. Participant will promptly disclose all such matters to the products Company and will assist the Company in obtaining legal protection for Inventions and Discoveries. Participant hereby agrees on behalf of himself or business of Symantecherself, shall belong his or her executors, legal representatives and assignees that Participant will assign, transfer and convey to Symantec. Employee agrees that he/she has been notified the Company, its successors and understands that assigns the provisions of this paragraph do not apply to any Invention that qualifies fully under the provisions of Section 2870 of the California Labor Code, which states as follows: ANY PROVISION IN AN EMPLOYMENT AGREEMENT WHICH PROVIDES Inventions and Discoveries. (b) THE COMPANY AND PARTICIPANT ACKNOWLEDGE AND AGREE THAT AN EMPLOYEE SHALL ASSIGN OR OFFER TO ASSIGN ANY OF HIS OR HER RIGHTS IN AN INVENTION TO HIS OR HER EMPLOYER SECTION 6(a) SHALL NOT APPLY TO AN INVENTION THAT THE EMPLOYEE DEVELOPED ENTIRELY ON HIS OR HER OWN TIME WITHOUT USING THE EMPLOYER’S OF PARTICIPANT FOR WHICH NO EQUIPMENT, SUPPLIES, FACILITIES, FACILITY OR TRADE SECRET INFORMATION EXCEPT FOR THOSE INVENTIONS THAT EITHER: (1) RELATE AT THE TIME OF CONCEPTION OR REDUCTION TO PRACTICE OF THE COMPANY WAS USED AND WHICH WAS DEVELOPED ENTIRELY ON PARTICIPANT’S OWN TIME, UNLESS (A) THE INVENTION RELATED (I) TO THE EMPLOYERBUSINESS OF THE COMPANY OR (II) TO THE COMPANY’S BUSINESS, OR ACTUAL OR DEMONSTRABLY ANTICIPATED RESEARCH OR DEVELOPMENT OF THE EMPLOYMENT RESEARCH OR DEVELOPMENT OF THE EMPLOYERDEVELOPMENT, OR (2B) RESULT THE INVENTION RESULTS FROM ANY WORK PERFORMED BY THE EMPLOYEE PARTICIPANT FOR THE EMPLOYERCOMPANY. PARTICIPANT AND THE COMPANY FURTHER ACKNOWLEDGE AND AGREE THAT SECTION 6(a) SHALL NOT APPLY TO ANY INVENTIONS OR WORK PRODUCT DEVELOPED OR VESTED BY PARTICIPANT PRIOR TO THE EXTENT EFFECTIVE DATE. (c) PARTICIPANT ACKNOWLEDGES THAT PARTICIPANT HAS READ THIS SECTION 6 AND FULLY UNDERSTANDS THE LIMITATIONS WHICH IT IMPOSES UPON HIM OR HER AND HAS RECEIVED A PROVISION IN AN EMPLOYMENT PURPORTS TO REQUIRE AN EMPLOYEE TO ASSIGN AN INVENTION OTHERWISE EXCLUDED FROM BEING REQUIRED TO BE ASSIGNED UNDER CALIFORNIA LABOR CODE SECTION 1870 (A), THE PROVISION IS AGAINST THE PUBLIC POLICY DUPLICATE COPY OF THIS STATE AND IS UNENFORCEABLEAGREEMENT FOR HIS OR HER RECORDS. B. Employee agrees that he/she will disclose to Symantec in writing any inventions and discoveries covered by this Agreement. Employee further agrees that, without further remuneration, he/she will do any and all of the following acts at the request and expense of Symantec: (1) execute any assignments to Symantec or its nominee of the entire right, title, and interest in and to any such inventions and discoveries; (2) execute any other proper instruments or documents necessary or desirable in applying for and obtaining patents on such inventions and discoveries in the United States and foreign countries; and (3) to cooperate in the prosecution or defense of any claims, lawsuits, or other proceedings involving such invention and discoveries.

Appears in 2 contracts

Samples: Restricted Stock Award Agreement (Novamed Inc), Restricted Stock Award Agreement (Novamed Inc)

Inventions and Discoveries. A. Employee (a) Executive understands and agrees that all inventions and inventions, discoveries, ideas, improvements, whether patentable patentable, copyrightable or unpatentablenot, pertaining to the Business or relating to Parent’s, Holding’s or any of their Subsidiaries’ or Affiliates’ actual or demonstrably anticipated research, development or inventions (collectively, “Inventions and Discoveries”) that result from any work performed by Executive solely or jointly with others for Parent, Symbion or any of their Subsidiaries or Affiliates which are conceived or made by him/her during his/her employmentExecutive, either solely or jointly with others, conceives, develops, or reduces to practice during the course of Executive’s employment with Parent, Symbion or any of their Subsidiaries, are the sole and which relate in any way exclusive property of the Company. Executive will promptly disclose all such matters to the products or business Company and will assist the Company in obtaining legal protection for Inventions and Discoveries. Executive hereby agrees on behalf of Symantecherself, shall belong his executors, legal representatives and assignees that he will assign, transfer and convey to Symantec. Employee agrees that he/she has been notified the Company, its successors and understands that assigns the provisions of this paragraph do not apply to any Invention that qualifies fully under the provisions of Section 2870 of the California Labor Code, which states as follows: ANY PROVISION IN AN EMPLOYMENT AGREEMENT WHICH PROVIDES Inventions and Discoveries. (b) THE COMPANY AND EXECUTIVE ACKNOWLEDGE AND AGREE THAT AN EMPLOYEE SHALL ASSIGN OR OFFER TO ASSIGN ANY OF HIS OR HER RIGHTS IN AN INVENTION TO HIS OR HER EMPLOYER SECTION 6(a) SHALL NOT APPLY TO AN INVENTION THAT THE EMPLOYEE DEVELOPED ENTIRELY ON HIS OR HER OWN TIME WITHOUT USING THE EMPLOYER’S OF EXECUTIVE FOR WHICH NO EQUIPMENT, SUPPLIES, FACILITIES, FACILITY OR TRADE SECRET INFORMATION EXCEPT FOR THOSE INVENTIONS THAT EITHER: OF PARENT, HOLDINGS OR ANY OF THEIR SUBSIDIARIES WAS USED AND WHICH WAS DEVELOPED ENTIRELY ON EXECUTIVE’S OWN TIME, UNLESS (1A) RELATE AT THE TIME OF CONCEPTION OR REDUCTION TO PRACTICE OF THE INVENTION RELATED (I) TO THE EMPLOYERBUSINESS OF PARENT, HOLDINGS OR ANY OF THEIR SUBSIDIARIES OR AFFILIATES OR (II) TO THE COMPANY’S BUSINESS, OR ANY OF ITS SUBSIDIARIES’ OR AFFILIATES’ ACTUAL OR DEMONSTRABLY ANTICIPATED RESEARCH OR DEVELOPMENT OF THE EMPLOYMENT RESEARCH OR DEVELOPMENT OF THE EMPLOYERDEVELOPMENT, OR (2B) RESULT THE INVENTION RESULTS FROM ANY WORK PERFORMED BY EXECUTIVE FOR PARENT, HOLDINGS OR ANY OF THEIR SUBSIDIARIES OR AFFILIATES. EXECUTIVE AND THE EMPLOYEE FOR THE EMPLOYER. COMPANY FURTHER ACKNOWLEDGE AND AGREE THAT SECTION 6(a) SHALL NOT APPLY TO ANY INVENTIONS OR WORK PRODUCT DEVELOPED OR VESTED BY EXECUTIVE PRIOR TO THE EXTENT EFFECTIVE DATE, A PROVISION IN AN EMPLOYMENT PURPORTS TO REQUIRE AN EMPLOYEE TO ASSIGN AN INVENTION OTHERWISE EXCLUDED FROM BEING REQUIRED TO BE ASSIGNED UNDER CALIFORNIA LABOR CODE COMPLETE AND ACCURATE LIST OF WHICH IS SET FORTH ON SCHEDULE 6(b). (c) EXECUTIVE ACKNOWLEDGES THAT HE HAS READ THIS SECTION 1870 (A), 6 AND FULLY UNDERSTANDS THE PROVISION IS AGAINST THE PUBLIC POLICY LIMITATIONS WHICH IT IMPOSES UPON HIS AND HAS RECEIVED A DUPLICATE COPY OF THIS STATE AND IS UNENFORCEABLEAGREEMENT FOR HIS RECORDS. B. Employee agrees that he/she will disclose to Symantec in writing any inventions and discoveries covered by this Agreement. Employee further agrees that, without further remuneration, he/she will do any and all of the following acts at the request and expense of Symantec: (1) execute any assignments to Symantec or its nominee of the entire right, title, and interest in and to any such inventions and discoveries; (2) execute any other proper instruments or documents necessary or desirable in applying for and obtaining patents on such inventions and discoveries in the United States and foreign countries; and (3) to cooperate in the prosecution or defense of any claims, lawsuits, or other proceedings involving such invention and discoveries.

Appears in 1 contract

Samples: Employment Agreement (Surgery Partners, Inc.)

Inventions and Discoveries. A. Employee (a) Executive understands and agrees that all inventions and discoveriesinventions, discoveries , ideas , improvements, whether patentable patentable, copyrightable or unpatentablenot, pertaining to the Business or relating to Company’s or any of its Subsidiaries’ or Affiliates’ actual or demonstrably anticipated research, development or inventions (collectively, “Inventions and Discoveries”) that result from any work performed by Executive solely or jointly with others for the Company or any of its Subsidiaries or Affiliates which are conceived or made by him/her during his/her employmentExecutive, either solely or jointly with others, conceives, develops, or reduces to practice during the course of Executive’s employment with the Company or any of its Subsidiaries, are the sole and which relate in any way exclusive property of the Company. Executive will promptly disclose all such matters to the products or business Company and will assist the Company in obtaining legal protection for Inventions and Discoveries. Executive hereby agrees on behalf of Symantechimself, shall belong his executors, legal representatives and assignees that he will assign, transfer and convey to Symantec. Employee agrees that he/she has been notified the Company, its successors and understands that assigns the provisions of this paragraph do not apply to any Invention that qualifies fully under the provisions of Section 2870 of the California Labor Code, which states as follows: ANY PROVISION IN AN EMPLOYMENT AGREEMENT WHICH PROVIDES Inventions and Discoveries. (b) THE COMPANY AND EXECUTIVE ACKNOWLEDGE AND AGREE THAT AN EMPLOYEE SHALL ASSIGN OR OFFER TO ASSIGN ANY OF HIS OR HER RIGHTS IN AN INVENTION TO HIS OR HER EMPLOYER SECTION 6(a) SHALL NOT APPLY TO AN INVENTION THAT THE EMPLOYEE DEVELOPED ENTIRELY ON HIS OR HER OWN TIME WITHOUT USING THE EMPLOYER’S OF EXECUTIVE FOR WHICH NO EQUIPMENT, SUPPLIES, FACILITIES, FACILITY OR TRADE SECRET INFORMATION EXCEPT FOR THOSE INVENTIONS THAT EITHER: (1) RELATE AT THE TIME OF CONCEPTION OR REDUCTION TO PRACTICE OF THE COMPANY OR ANY OF ITS SUBSIDIARIES WAS USED AND WHICH WAS DEVELOPED ENTIRELY ON EXECUTIVE’S OWN TIME, UNLESS (A) THE INVENTION RELATED (I) TO THE EMPLOYERBUSINESS OF THE COMPANY OR ANY OF ITS SUBSIDIARIES OR AFFILIATES OR (II) TO THE COMPANY’S BUSINESS, OR ANY OF ITS SUBSIDIARIES’ OR AFFILIATES’ ACTUAL OR DEMONSTRABLY ANTICIPATED RESEARCH OR DEVELOPMENT OF THE EMPLOYMENT RESEARCH OR DEVELOPMENT OF THE EMPLOYERDEVELOPMENT, OR (2B) RESULT THE INVENTION RESULTS FROM ANY WORK PERFORMED BY THE EMPLOYEE EXECUTIVE FOR THE EMPLOYER. TO COMPANY OR ANY OF ITS SUBSIDIARIES OR AFFILIATES. (c) EXECUTIVE ACKNOWLEDGES THAT HE HAS READ THIS SECTION 6 AND FULLY UNDERSTANDS THE EXTENT LIMITATIONS WHICH IT IMPOSES UPON HIM AND HAS RECEIVED A PROVISION IN AN EMPLOYMENT PURPORTS TO REQUIRE AN EMPLOYEE TO ASSIGN AN INVENTION OTHERWISE EXCLUDED FROM BEING REQUIRED TO BE ASSIGNED UNDER CALIFORNIA LABOR CODE SECTION 1870 (A), THE PROVISION IS AGAINST THE PUBLIC POLICY DUPLICATE COPY OF THIS STATE AND IS UNENFORCEABLEAGREEMENT FOR HIS RECORDS. B. Employee agrees that he/she will disclose to Symantec in writing any inventions and discoveries covered by this Agreement. Employee further agrees that, without further remuneration, he/she will do any and all of the following acts at the request and expense of Symantec: (1) execute any assignments to Symantec or its nominee of the entire right, title, and interest in and to any such inventions and discoveries; (2) execute any other proper instruments or documents necessary or desirable in applying for and obtaining patents on such inventions and discoveries in the United States and foreign countries; and (3) to cooperate in the prosecution or defense of any claims, lawsuits, or other proceedings involving such invention and discoveries.

Appears in 1 contract

Samples: Employment Agreement (Surgery Partners, Inc.)

Inventions and Discoveries. A. Employee (a) Executive understands and agrees that all inventions and discoveriesinventions, discoveries , ideas , improvements, whether patentable patentable, copyrightable or unpatentablenot, pertaining to the Business or relating to Company’s or any of its Subsidiaries ‘ or Affiliates’ actual or demonstrably anticipated research, development or inventions (collectively, “Inventions and Discoveries”) that result from any work performed by Executive solely or jointly with others for the Company or any of its Subsidiaries or Affiliates which are conceived or made by him/her during his/her employmentExecutive, either solely or jointly with others, conceives, develops, or reduces to practice during the course of Executive’s employment with the Company or any of its Subsidiaries, are the sole and which relate in any way exclusive property of the Company. Executive will promptly disclose all such matters to the products or business Company and will assist the Company in obtaining legal protection for Inventions and Discoveries. Executive hereby agrees on behalf of Symantecherself, shall belong her executors, legal representatives and assignees that she will assign, transfer and convey to Symantec. Employee agrees that he/she has been notified the Company, its successors and understands that assigns the provisions of this paragraph do not apply to any Invention that qualifies fully under the provisions of Section 2870 of the California Labor Code, which states as follows: ANY PROVISION IN AN EMPLOYMENT AGREEMENT WHICH PROVIDES Inventions and Discoveries. (b) THE COMPANY AND EXECUTIVE ACKNOWLEDGE AND AGREE THAT AN EMPLOYEE SHALL ASSIGN OR OFFER TO ASSIGN ANY OF HIS OR HER RIGHTS IN AN INVENTION TO HIS OR HER EMPLOYER SECTION 6(a) SHALL NOT APPLY TO AN INVENTION THAT THE EMPLOYEE DEVELOPED ENTIRELY ON HIS OR HER OWN TIME WITHOUT USING THE EMPLOYER’S OF EXECUTIVE FOR WHICH NO EQUIPMENT, SUPPLIES, FACILITIES, FACILITY OR TRADE SECRET INFORMATION EXCEPT FOR THOSE INVENTIONS THAT EITHER: (1) RELATE AT THE TIME OF CONCEPTION OR REDUCTION TO PRACTICE OF THE COMPANY OR ANY OF ITS SUBSIDIARIES WAS USED AND WHICH WAS DEVELOPED ENTIRELY ON EXECUTIVE’S OWN TIME, UNLESS (A) THE INVENTION RELATED (I) TO THE EMPLOYER’S BUSINESS, BUSINESS OF THE COMPANY OR ANY OF ITS SUBSIDIARIES OR AFFILIATES OR (II) TO THE COMPANY’ S OR ANY OF ITS SUBSIDIARIES ‘ OR AFFILIATES’ ACTUAL OR DEMONSTRABLY ANTICIPATED RESEARCH OR DEVELOPMENT OF THE EMPLOYMENT RESEARCH OR DEVELOPMENT OF THE EMPLOYERDEVELOPMENT, OR (2B) RESULT THE INVENTION RESULTS FROM ANY WORK PERFORMED BY THE EMPLOYEE EXECUTIVE FOR THE EMPLOYER. TO COMPANY OR ANY OF ITS SUBSIDIARIES OR AFFILIATES. (c) EXECUTIVE ACKNOWLEDGES THAT SHE HAS READ THIS SECTION 6 AND FULLY UNDERSTANDS THE EXTENT LIMITATIONS WHICH IT IMPOSES UPON HER AND HAS RECEIVED A PROVISION IN AN EMPLOYMENT PURPORTS TO REQUIRE AN EMPLOYEE TO ASSIGN AN INVENTION OTHERWISE EXCLUDED FROM BEING REQUIRED TO BE ASSIGNED UNDER CALIFORNIA LABOR CODE SECTION 1870 (A), THE PROVISION IS AGAINST THE PUBLIC POLICY DUPLICATE COPY OF THIS STATE AND IS UNENFORCEABLEAGREEMENT FOR HER RECORDS. B. Employee agrees that he/she will disclose to Symantec in writing any inventions and discoveries covered by this Agreement. Employee further agrees that, without further remuneration, he/she will do any and all of the following acts at the request and expense of Symantec: (1) execute any assignments to Symantec or its nominee of the entire right, title, and interest in and to any such inventions and discoveries; (2) execute any other proper instruments or documents necessary or desirable in applying for and obtaining patents on such inventions and discoveries in the United States and foreign countries; and (3) to cooperate in the prosecution or defense of any claims, lawsuits, or other proceedings involving such invention and discoveries.

Appears in 1 contract

Samples: Employment Agreement (Surgery Partners, Inc.)

Inventions and Discoveries. A. Employee (a) Executive understands and agrees that all inventions and inventions, discoveries, ideas, improvements, whether patentable patentable, copyrightable or unpatentablenot, pertaining to the Business or relating to the Company's, Parent's or any of their Subsidiaries' or Affiliates' actual or demonstrably anticipated research, development or inventions (collectively, "Inventions and Discoveries") that result from any work performed by Executive solely or jointly with others for the Company, Parent or any of their Subsidiaries or Affiliates which are conceived or made by him/her during his/her employmentExecutive, either solely or jointly with others, conceives, develops, or reduces to practice during the course of Executive' s employment with the Company, Parent or any of their Subsidiaries, are the sole and which relate in any way exclusive property of the Company. Executive will promptly disclose all such matters to the products or business Company and will assist the Company in obtaining legal protection for Inventions and Discoveries. Executive hereby agrees on behalf of Symantecherself, shall belong his executors, legal representatives and assignees that he will assign, transfer and convey to Symantec. Employee agrees that he/she has been notified the Company, its successors and understands that assigns the provisions of this paragraph do not apply to any Invention that qualifies fully under the provisions of Section 2870 of the California Labor Code, which states as follows: ANY PROVISION IN AN EMPLOYMENT AGREEMENT WHICH PROVIDES Inventions and Discoveries. (b) THE COMPANY AND EXECUTIVE ACKNOWLEDGE AND AGREE THAT AN EMPLOYEE SHALL ASSIGN OR OFFER TO ASSIGN ANY OF HIS OR HER RIGHTS IN AN INVENTION TO HIS OR HER EMPLOYER SECTION 6(a) SHALL NOT APPLY TO AN INVENTION THAT THE EMPLOYEE DEVELOPED ENTIRELY ON HIS OR HER OWN TIME WITHOUT USING THE EMPLOYER’S OF EXECUTIVE FOR WHICH NO EQUIPMENT, SUPPLIES, FACILITIES, FACILITY OR TRADE SECRET INFORMATION EXCEPT FOR THOSE INVENTIONS THAT EITHER: (1) RELATE AT THE TIME OF CONCEPTION OR REDUCTION TO PRACTICE OF THE COMPANY, PARENT OR ANY OF THEIR SUBSIDIARIES WAS USED AND WHICH WAS DEVELOPED ENTIRELY ON EXECUTIVE'S OWN TIME, UNLESS (A) THE INVENTION RELATED (I) TO THE EMPLOYER’S BUSINESSBUSINESS OF THE COMPANY, PARENT OR ANY OF THEIR SUBSIDIARIES OR AFFILIATES OR (II) TO THE COMPANY'S OR ANY OF ITS SUBSIDIARIES' OR AFFILIATES' ACTUAL OR DEMONSTRABLY ANTICIPATED RESEARCH OR DEVELOPMENT OF THE EMPLOYMENT RESEARCH OR DEVELOPMENT OF THE EMPLOYERDEVELOPMENT, OR (2B) RESULT THE INVENTION RESULTS FROM ANY WORK PERFORMED BY THE EMPLOYEE EXECUTIVE FOR THE EMPLOYERCOMPANY, PARENT OR ANY OF THEIR SUBSIDIARIES OR AFFILIATES. EXECUTIVE AND THE COMPANY FURTHER ACKNOWLEDGE AND AGREE THAT SECTION 6(a) SHALL NOT APPLY TO ANY INVENTIONS OR WORK PRODUCT DEVELOPED OR VESTED BY EXECUTIVE PRIOR TO THE EXTENT EFFECTIVE DATE, A PROVISION IN AN EMPLOYMENT PURPORTS TO REQUIRE AN EMPLOYEE TO ASSIGN AN INVENTION OTHERWISE EXCLUDED FROM BEING REQUIRED TO BE ASSIGNED UNDER CALIFORNIA LABOR CODE COMPLETE AND ACCURATE LIST OF WHICH IS SET FORTH ON SCHEDULE 6(b). (c) EXECUTIVE ACKNOWLEDGES THAT HE HAS READ THIS SECTION 1870 (A), 6 AND FULLY UNDERSTANDS THE PROVISION IS AGAINST THE PUBLIC POLICY LIMITATIONS WHICH IT IMPOSES UPON HIS AND HAS RECEIVED A DUPLICATE COPY OF THIS STATE AND IS UNENFORCEABLEAGREEMENT FOR HIS RECORDS. B. Employee agrees that he/she will disclose to Symantec in writing any inventions and discoveries covered by this Agreement. Employee further agrees that, without further remuneration, he/she will do any and all of the following acts at the request and expense of Symantec: (1) execute any assignments to Symantec or its nominee of the entire right, title, and interest in and to any such inventions and discoveries; (2) execute any other proper instruments or documents necessary or desirable in applying for and obtaining patents on such inventions and discoveries in the United States and foreign countries; and (3) to cooperate in the prosecution or defense of any claims, lawsuits, or other proceedings involving such invention and discoveries.

Appears in 1 contract

Samples: Employment Agreement (Surgery Partners, Inc.)

Inventions and Discoveries. A. (a) Employee understands and agrees that all inventions and inventions, discoveries, ideas, improvements, whether patentable patentable, copyrightable or unpatentablenot, pertaining to the Business of the Company or relating to the Company’s actual or demonstrably anticipated research, development or inventions (collectively, “Inventions and Discoveries”) that result from any work performed by Employee solely or jointly with others for the Company which are conceived or made by him/her during his/her employmentEmployee, either solely or jointly with others, conceives, develops, or reduces to practice during the course of Employee’s employment with the Company, are the sole and which relate in any way exclusive property of the Company. Employee will promptly disclose all such matters to the products or business of Symantec, shall belong to SymantecCompany and will assist the Company in obtaining legal rights in Inventions and Discoveries. Employee agrees that he/she has been notified hereby assigns, on behalf of Employee, Employee’s executors, legal representatives and understands that assignees, the provisions of this paragraph do not apply Inventions and Discoveries to any Invention that qualifies fully under the provisions of Section 2870 of the California Labor CodeCompany, which states as follows: ANY PROVISION IN AN EMPLOYMENT AGREEMENT WHICH PROVIDES its successors and assigns. (b) THE COMPANY AND EMPLOYEE ACKNOWLEDGE AND AGREE THAT AN EMPLOYEE SHALL ASSIGN OR OFFER TO ASSIGN ANY OF HIS OR HER RIGHTS IN AN INVENTION TO HIS OR HER EMPLOYER SECTION 4.6(a) SHALL NOT APPLY TO AN INVENTION THAT THE OF EMPLOYEE DEVELOPED ENTIRELY ON HIS OR HER OWN TIME WITHOUT USING THE EMPLOYER’S FOR WHICH NO EQUIPMENT, SUPPLIES, FACILITIES, FACILITY OR TRADE SECRET INFORMATION EXCEPT FOR THOSE INVENTIONS THAT EITHER: (1) RELATE AT THE TIME OF CONCEPTION OR REDUCTION TO PRACTICE OF THE COMPANY WAS USED AND WHICH WAS DEVELOPED ENTIRELY ON EMPLOYEE’S PERSONAL TIME, UNLESS (A) THE INVENTION RELATED (I) TO THE EMPLOYERBUSINESS OF THE COMPANY OR (II) TO THE COMPANY’S BUSINESS, OR ACTUAL OR DEMONSTRABLY ANTICIPATED RESEARCH OR DEVELOPMENT OF THE EMPLOYMENT RESEARCH OR DEVELOPMENT OF THE EMPLOYERDEVELOPMENT, OR (2B) RESULT THE INVENTION RESULTS FROM ANY WORK PERFORMED BY THE EMPLOYEE FOR THE EMPLOYERCOMPANY. EMPLOYEE AND THE COMPANY FURTHER ACKNOWLEDGE AND AGREE THAT SECTION 4.6(a) SHALL NOT APPLY TO ANY INVENTIONS OR WORK PRODUCT DEVELOPED OR VESTED BY EMPLOYEE PRIOR TO THE EXTENT EFFECTIVE DATE. (c) EMPLOYEE ACKNOWLEDGES THAT EMPLOYEE HAS READ THIS SECTION 4.6 AND FULLY UNDERSTANDS THE LIMITATIONS WHICH IT IMPOSES UPON EMPLOYEE AND HAS RECEIVED A PROVISION IN AN EMPLOYMENT PURPORTS TO REQUIRE AN EMPLOYEE TO ASSIGN AN INVENTION OTHERWISE EXCLUDED FROM BEING REQUIRED TO BE ASSIGNED UNDER CALIFORNIA LABOR CODE SECTION 1870 (A), THE PROVISION IS AGAINST THE PUBLIC POLICY DUPLICATE COPY OF THIS STATE AND IS UNENFORCEABLEAGREEMENT FOR EMPLOYEE’S RECORDS. B. Employee agrees that he/she will disclose to Symantec in writing any inventions and discoveries covered by this Agreement. Employee further agrees that, without further remuneration, he/she will do any and all of the following acts at the request and expense of Symantec: (1) execute any assignments to Symantec or its nominee of the entire right, title, and interest in and to any such inventions and discoveries; (2) execute any other proper instruments or documents necessary or desirable in applying for and obtaining patents on such inventions and discoveries in the United States and foreign countries; and (3) to cooperate in the prosecution or defense of any claims, lawsuits, or other proceedings involving such invention and discoveries.

Appears in 1 contract

Samples: Employment Agreement (Adeptus Health Inc.)

Inventions and Discoveries. A. Employee (a) Executive understands and agrees that all inventions and inventions, discoveries, ideas, improvements, whether patentable patentable, copyrightable or unpatentablenot, pertaining to the Business or relating to Company’s or any of its Subsidiaries’ or Affiliates’ actual or demonstrably anticipated research, development or inventions (collectively, “Inventions and Discoveries”) that result from any work performed by Executive solely or jointly with others for the Company or any of its Subsidiaries or Affiliates which are conceived or made by him/her during his/her employmentExecutive, either solely or jointly with others, conceives, develops, or reduces to practice during the course of Executive’s employment with the Company or any of its Subsidiaries, are the sole and which relate in any way exclusive property of the Company. Executive will promptly disclose all such matters to the products or business Company and will assist the Company in obtaining legal protection for Inventions and Discoveries. Executive xxxxxx agrees on behalf of Symantechimself, shall belong her executors, legal representatives and assignees that she will assign, transfer and convey to Symantec. Employee agrees that he/she has been notified the Company, its successors and understands that assigns the provisions of this paragraph do not apply to any Invention that qualifies fully under the provisions of Section 2870 of the California Labor Code, which states as follows: ANY PROVISION IN AN EMPLOYMENT AGREEMENT WHICH PROVIDES Inventions and Discoveries. (b) THE COMPANY AND EXECUTIVE ACKNOWLEDGE AND AGREE THAT AN EMPLOYEE SHALL ASSIGN OR OFFER TO ASSIGN ANY OF HIS OR HER RIGHTS IN AN INVENTION TO HIS OR HER EMPLOYER SECTION 6(a) SHALL NOT APPLY TO AN INVENTION THAT THE EMPLOYEE DEVELOPED ENTIRELY ON HIS OR HER OWN TIME WITHOUT USING THE EMPLOYER’S OF EXECUTIVE FOR WHICH NO EQUIPMENT, SUPPLIES, FACILITIES, FACILITY OR TRADE SECRET INFORMATION EXCEPT FOR THOSE INVENTIONS THAT EITHER: (1) RELATE AT THE TIME OF CONCEPTION OR REDUCTION TO PRACTICE OF THE COMPANY OR ANY OF ITS SUBSIDIARIES WAS USED AND WHICH WAS DEVELOPED ENTIRELY ON EXECUTIVE’S OWN TIME, UNLESS (A) THE INVENTION RELATED (I) TO THE EMPLOYERBUSINESS OF THE COMPANY OR ANY OF ITS SUBSIDIARIES OR AFFILIATES OR (II) TO THE COMPANY’S BUSINESS, OR ANY OF ITS SUBSIDIARIES’ OR AFFILIATES’ ACTUAL OR DEMONSTRABLY ANTICIPATED RESEARCH OR DEVELOPMENT OF THE EMPLOYMENT RESEARCH OR DEVELOPMENT OF THE EMPLOYERDEVELOPMENT, OR (2B) RESULT THE INVENTION RESULTS FROM ANY WORK PERFORMED BY THE EMPLOYEE EXECUTIVE FOR THE EMPLOYER. TO COMPANY OR ANY OF ITS SUBSIDIARIES OR AFFILIATES. (c) EXECUTIVE ACKNOWLEDGES THAT SHE HAS READ THIS SECTION 6 AND FULLY UNDERSTANDS THE EXTENT LIMITATIONS WHICH IT IMPOSES UPON HER AND HAS RECEIVED A PROVISION IN AN EMPLOYMENT PURPORTS TO REQUIRE AN EMPLOYEE TO ASSIGN AN INVENTION OTHERWISE EXCLUDED FROM BEING REQUIRED TO BE ASSIGNED UNDER CALIFORNIA LABOR CODE SECTION 1870 (A), THE PROVISION IS AGAINST THE PUBLIC POLICY DUPLICATE COPY OF THIS STATE AND IS UNENFORCEABLEAGREEMENT FOR HER RECORDS. B. Employee agrees that he/she will disclose to Symantec in writing any inventions and discoveries covered by this Agreement. Employee further agrees that, without further remuneration, he/she will do any and all of the following acts at the request and expense of Symantec: (1) execute any assignments to Symantec or its nominee of the entire right, title, and interest in and to any such inventions and discoveries; (2) execute any other proper instruments or documents necessary or desirable in applying for and obtaining patents on such inventions and discoveries in the United States and foreign countries; and (3) to cooperate in the prosecution or defense of any claims, lawsuits, or other proceedings involving such invention and discoveries.

Appears in 1 contract

Samples: Employment Agreement (Surgery Partners, Inc.)

Inventions and Discoveries. A. (a) Employee understands and agrees that all inventions and inventions, discoveries, ideas, improvements, whether patentable patentable, copyrightable or unpatentablenot, pertaining to the Business of the Corporation or relating to the Corporation's actual or demonstrably anticipated research, development or inventions (collectively, "Inventions and Discoveries) that result from any work performed by Employee solely or jointly with others for the Corporation which are conceived or made by him/her during his/her employmentEmployee, either solely or jointly with others, conceives, develops, or reduces to practice during the course of Employee's employment with the Corporation, are the sole and which relate in any way exclusive property of the Corporation. Employee will promptly disclose all such matters to the products or business of Symantec, shall belong to SymantecCorporation and will assist the Corporation in obtaining legal protection for Inventions and Discoveries. Employee hereby agrees on behalf of himself, his executors, legal representatives and assignees that he/she has been notified he will assign, transfer and understands that convey to the provisions of this paragraph do not apply to any Invention that qualifies fully under Corporation, its successors and assigns the provisions of Section 2870 of the California Labor Code, which states as follows: ANY PROVISION IN AN EMPLOYMENT AGREEMENT WHICH PROVIDES Inventions and Discoveries. (b) THE CORPORATION AND EMPLOYEE ACKNOWLEDGE AND AGREE THAT AN EMPLOYEE SHALL ASSIGN OR OFFER TO ASSIGN ANY OF HIS OR HER RIGHTS IN AN INVENTION TO HIS OR HER EMPLOYER SECTION 4.6(a) SHALL NOT APPLY TO AN INVENTION THAT THE OF EMPLOYEE DEVELOPED ENTIRELY ON HIS OR HER OWN TIME WITHOUT USING THE EMPLOYER’S FOR WHICH NO EQUIPMENT, SUPPLIES, FACILITIES, FACILITY OR TRADE SECRET INFORMATION EXCEPT FOR THOSE INVENTIONS THAT EITHER: (1) RELATE AT THE TIME OF CONCEPTION OR REDUCTION TO PRACTICE OF THE CORPORATION WAS USED AND WHICH WAS DEVELOPED ENTIRELY ON EMPLOYEE'S OWN TIME, UNLESS (A) THE INVENTION RELATED (I) TO THE EMPLOYER’S BUSINESS, OR BUSINESS OF THE CORPORATION (II) TO THE CORPORATION'S ACTUAL OR DEMONSTRABLY ANTICIPATED RESEARCH OR DEVELOPMENT OF THE EMPLOYMENT RESEARCH OR DEVELOPMENT OF THE EMPLOYERDEVELOPMENT, OR (2B) RESULT THE INVENTION RESULTS FROM ANY WORK PERFORMED BY THE EMPLOYEE FOR THE EMPLOYERCORPORATION. EMPLOYEE AND THE CORPORATION FURTHER AGREE THAT SECTION 4.6(a) SHALL NOT APPLY TO ANY INVENTIONS OR WORK PRODUCT DEVELOPED OR VESTED BY EMPLOYEE PRIOR TO THE EXTENT EFFECTIVE DATE. (c) EMPLOYEE ACKNKOWLEDGES THAT HE HAS READ THIS SECTION 4.6 AND FULLY UNDE4RSTANDS THE LIJMITATIONS WHICH IT IMPOSES UPON HIM AND HAS RECEIVED A PROVISION IN AN EMPLOYMENT PURPORTS TO REQUIRE AN EMPLOYEE TO ASSIGN AN INVENTION OTHERWISE EXCLUDED FROM BEING REQUIRED TO BE ASSIGNED UNDER CALIFORNIA LABOR CODE SECTION 1870 (A), THE PROVISION IS AGAINST THE PUBLIC POLICY DUPLICATE COPY OF THIS STATE AND IS UNENFORCEABLEAGREEMENT FOR HIS RECORDS. B. Employee agrees that he/she will disclose to Symantec in writing any inventions and discoveries covered by this Agreement. Employee further agrees that, without further remuneration, he/she will do any and all of the following acts at the request and expense of Symantec: (1) execute any assignments to Symantec or its nominee of the entire right, title, and interest in and to any such inventions and discoveries; (2) execute any other proper instruments or documents necessary or desirable in applying for and obtaining patents on such inventions and discoveries in the United States and foreign countries; and (3) to cooperate in the prosecution or defense of any claims, lawsuits, or other proceedings involving such invention and discoveries.

Appears in 1 contract

Samples: Employment Agreement (Eautoclaims Com Inc)

Inventions and Discoveries. A. Employee (a) Executive understands and agrees that all inventions and inventions, discoveries, ideas, improvements, whether patentable patentable, copyrightable or unpatentablenot, pertaining to the Business or relating to Parent’s, Symbion’s or any of their Subsidiaries’ or Affiliates’ actual or demonstrably anticipated research, development or inventions (collectively, “Inventions and Discoveries”) that result from any work performed by Executive solely or jointly with others for Parent, Symbion or any of their Subsidiaries or Affiliates which are conceived or made by him/her during his/her employmentExecutive, either solely or jointly with others, conceives, develops, or reduces to practice during the course of Executive’s employment with Parent, Symbion or any of their Subsidiaries, are the sole and which relate in any way exclusive property of the Company. Executive will promptly disclose all such matters to the products or business Company and will assist the Company in obtaining legal protection for Inventions and Discoveries. Executive hereby agrees on behalf of Symantecherself, shall belong her executors, legal representatives and assignees that she will assign, transfer and convey to Symantec. Employee agrees that he/she has been notified the Company, its successors and understands that assigns the provisions of this paragraph do not apply to any Invention that qualifies fully under the provisions of Section 2870 of the California Labor Code, which states as follows: ANY PROVISION IN AN EMPLOYMENT AGREEMENT WHICH PROVIDES Inventions and Discoveries. (b) THE COMPANY AND EXECUTIVE ACKNOWLEDGE AND AGREE THAT AN EMPLOYEE SHALL ASSIGN OR OFFER TO ASSIGN ANY OF HIS OR HER RIGHTS IN AN INVENTION TO HIS OR HER EMPLOYER SECTION 6(a) SHALL NOT APPLY TO AN INVENTION THAT THE EMPLOYEE DEVELOPED ENTIRELY ON HIS OR HER OWN TIME WITHOUT USING THE EMPLOYER’S OF EXECUTIVE FOR WHICH NO EQUIPMENT, SUPPLIES, FACILITIES, FACILITY OR TRADE SECRET INFORMATION EXCEPT FOR THOSE INVENTIONS THAT EITHER: OF PARENT, SYMBION OR ANY OF THEIR SUBSIDIARIES WAS USED AND WHICH WAS DEVELOPED ENTIRELY ON EXECUTIVE’S OWN TIME, UNLESS (1A) RELATE AT THE TIME OF CONCEPTION OR REDUCTION TO PRACTICE OF THE INVENTION RELATED (I) TO THE EMPLOYERBUSINESS OF PARENT, SYMBION OR ANY OF THEIR SUBSIDIARIES OR AFFILIATES OR (II) TO THE COMPANY’S BUSINESS, OR ANY OF ITS SUBSIDIARIES’ OR AFFILIATES’ ACTUAL OR DEMONSTRABLY ANTICIPATED RESEARCH OR DEVELOPMENT OF THE EMPLOYMENT RESEARCH OR DEVELOPMENT OF THE EMPLOYERDEVELOPMENT, OR (2B) RESULT THE INVENTION RESULTS FROM ANY WORK PERFORMED BY EXECUTIVE FOR PARENT, SYMBION OR ANY OF THEIR SUBSIDIARIES OR AFFILIATES. EXECUTIVE AND THE EMPLOYEE FOR THE EMPLOYER. COMPANY FURTHER ACKNOWLEDGE AND AGREE THAT SECTION 6(a) SHALL NOT APPLY TO ANY INVENTIONS OR WORK PRODUCT DEVELOPED OR VESTED BY EXECUTIVE PRIOR TO THE EXTENT EFFECTIVE DATE, A PROVISION IN AN EMPLOYMENT PURPORTS TO REQUIRE AN EMPLOYEE TO ASSIGN AN INVENTION OTHERWISE EXCLUDED FROM BEING REQUIRED TO BE ASSIGNED UNDER CALIFORNIA LABOR CODE COMPLETE AND ACCURATE LIST OF WHICH IS SET FORTH ON SCHEDULE 6(b). (c) EXECUTIVE ACKNOWLEDGES THAT SHE HAS READ THIS SECTION 1870 (A), 6 AND FULLY UNDERSTANDS THE PROVISION IS AGAINST THE PUBLIC POLICY LIMITATIONS WHICH IT IMPOSES UPON HER AND HAS RECEIVED A DUPLICATE COPY OF THIS STATE AND IS UNENFORCEABLEAGREEMENT FOR HER RECORDS. B. Employee agrees that he/she will disclose to Symantec in writing any inventions and discoveries covered by this Agreement. Employee further agrees that, without further remuneration, he/she will do any and all of the following acts at the request and expense of Symantec: (1) execute any assignments to Symantec or its nominee of the entire right, title, and interest in and to any such inventions and discoveries; (2) execute any other proper instruments or documents necessary or desirable in applying for and obtaining patents on such inventions and discoveries in the United States and foreign countries; and (3) to cooperate in the prosecution or defense of any claims, lawsuits, or other proceedings involving such invention and discoveries.

Appears in 1 contract

Samples: Employment Agreement (Surgery Partners, Inc.)

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Inventions and Discoveries. A. Employee (a) Executive understands and agrees that all inventions and inventions, discoveries, ideas, improvements, whether patentable patentable, copyrightable or unpatentablenot, pertaining to the Business or relating to the Company’s, Parent’s or any of their Subsidiaries’ or Affiliates’ actual or demonstrably anticipated research, development or inventions (collectively, “Inventions and Discoveries”) that result from any work performed by Executive solely or jointly with others for the Company, Parent or any of their Subsidiaries or Affiliates which are conceived or made by him/her during his/her employmentExecutive, either solely or jointly with others, conceives, develops, or reduces to practice during the course of Executive’s employment with the Company, Parent or any of their Subsidiaries, are the sole and which relate in any way exclusive property of the Company. Executive will promptly disclose all such matters to the products or business Company and will assist the Company in obtaining legal protection for Inventions and Discoveries. Executive hereby agrees on behalf of Symantecherself, shall belong his executors, legal representatives and assignees that he will assign, transfer and convey to Symantec. Employee agrees that he/she has been notified the Company, its successors and understands that assigns the provisions of this paragraph do not apply to any Invention that qualifies fully under the provisions of Section 2870 of the California Labor Code, which states as follows: ANY PROVISION IN AN EMPLOYMENT AGREEMENT WHICH PROVIDES Inventions and Discoveries. (b) THE COMPANY AND EXECUTIVE ACKNOWLEDGE AND AGREE THAT AN EMPLOYEE SHALL ASSIGN OR OFFER TO ASSIGN ANY OF HIS OR HER RIGHTS IN AN INVENTION TO HIS OR HER EMPLOYER SECTION 6(a) SHALL NOT APPLY TO AN INVENTION THAT THE EMPLOYEE DEVELOPED ENTIRELY ON HIS OR HER OWN TIME WITHOUT USING THE EMPLOYER’S OF EXECUTIVE FOR WHICH NO EQUIPMENT, SUPPLIES, FACILITIES, FACILITY OR TRADE SECRET INFORMATION EXCEPT FOR THOSE INVENTIONS THAT EITHER: (1) RELATE AT THE TIME OF CONCEPTION OR REDUCTION TO PRACTICE OF THE COMPANY, PARENT OR ANY OF THEIR SUBSIDIARIES WAS USED AND WHICH WAS DEVELOPED ENTIRELY ON EXECUTIVE’S OWN TIME, UNLESS (A) THE INVENTION RELATED (I) TO THE EMPLOYERBUSINESS OF THE COMPANY, PARENT OR ANY OF THEIR SUBSIDIARIES OR AFFILIATES OR (II) TO THE COMPANY’S BUSINESS, OR ANY OF ITS SUBSIDIARIES’ OR AFFILIATES’ ACTUAL OR DEMONSTRABLY ANTICIPATED RESEARCH OR DEVELOPMENT OF THE EMPLOYMENT RESEARCH OR DEVELOPMENT OF THE EMPLOYERDEVELOPMENT, OR (2B) RESULT THE INVENTION RESULTS FROM ANY WORK PERFORMED BY THE EMPLOYEE EXECUTIVE FOR THE EMPLOYERCOMPANY, PARENT OR ANY OF THEIR SUBSIDIARIES OR AFFILIATES. EXECUTIVE AND THE COMPANY FURTHER ACKNOWLEDGE AND AGREE THAT SECTION 6(a) SHALL NOT APPLY TO ANY INVENTIONS OR WORK PRODUCT DEVELOPED OR VESTED BY EXECUTIVE PRIOR TO THE EXTENT EFFECTIVE DATE, A PROVISION IN AN EMPLOYMENT PURPORTS TO REQUIRE AN EMPLOYEE TO ASSIGN AN INVENTION OTHERWISE EXCLUDED FROM BEING REQUIRED TO BE ASSIGNED UNDER CALIFORNIA LABOR CODE COMPLETE AND ACCURATE LIST OF WHICH IS SET FORTH ON SCHEDULE 6(b). (c) EXECUTIVE ACKNOWLEDGES THAT HE HAS READ THIS SECTION 1870 (A), 6 AND FULLY UNDERSTANDS THE PROVISION IS AGAINST THE PUBLIC POLICY LIMITATIONS WHICH IT IMPOSES UPON HIS AND HAS RECEIVED A DUPLICATE COPY OF THIS STATE AND IS UNENFORCEABLEAGREEMENT FOR HIS RECORDS. B. Employee agrees that he/she will disclose to Symantec in writing any inventions and discoveries covered by this Agreement. Employee further agrees that, without further remuneration, he/she will do any and all of the following acts at the request and expense of Symantec: (1) execute any assignments to Symantec or its nominee of the entire right, title, and interest in and to any such inventions and discoveries; (2) execute any other proper instruments or documents necessary or desirable in applying for and obtaining patents on such inventions and discoveries in the United States and foreign countries; and (3) to cooperate in the prosecution or defense of any claims, lawsuits, or other proceedings involving such invention and discoveries.

Appears in 1 contract

Samples: Employment Agreement (Surgery Partners, Inc.)

Inventions and Discoveries. A. Employee (a) Executive understands and agrees that all inventions and inventions, discoveries, ideas, improvements, whether patentable patentable, copyrightable or unpatentablenot, pertaining to the Business or relating to Company's or any of its Subsidiaries' or Affiliates' actual or demonstrably anticipated research, development or inventions (collectively, "Inventions and Discoveries'') that result from any work performed by Executive solely or jointly with others for the Company or any of its Subsidiaries or Affiliates which are conceived or made by him/her during his/her employmentExecutive, either solely or jointly with others, conceives, develops, or reduces to practice during the course of Executive's employment with -7- the Company or any of its Subsidiaries, are the sole and which relate in any way exclusive property of the Company. Executive will promptly disclose all such matters to the products or business Company and will assist the Company in obtaining legal -8- protection for Inventions and Discoveries. Executive hereby agrees on behalf of Symantecherself, shall belong her executors, legal representatives and assignees that she will assign, transfer and convey to Symantec. Employee agrees that he/she has been notified the Company, its successors and understands that assigns the provisions of this paragraph do not apply to any Invention that qualifies fully under the provisions of Section 2870 of the California Labor Code, which states as follows: ANY PROVISION IN AN EMPLOYMENT AGREEMENT WHICH PROVIDES Inventions and Discoveries. (b) THE COMPANY AND EXECUTIVE ACKNOWLEDGE AND AGREE THAT AN EMPLOYEE SHALL ASSIGN OR OFFER TO ASSIGN ANY OF HIS OR HER RIGHTS IN AN INVENTION TO HIS OR HER EMPLOYER SECTION 6(a) SHALL NOT APPLY TO AN INVENTION THAT THE EMPLOYEE DEVELOPED ENTIRELY ON HIS OR HER OWN TIME WITHOUT USING THE EMPLOYER’S OF EXECUTIVE FOR WHICH NO EQUIPMENT, SUPPLIES, FACILITIES, FACILITY OR TRADE SECRET INFORMATION EXCEPT FOR THOSE INVENTIONS THAT EITHER: (1) RELATE AT THE TIME OF CONCEPTION OR REDUCTION TO PRACTICE OF THE COMPANY OR ANY OF ITS SUBSIDIARIES WAS USED AND WHICH WAS DEVELOPED ENTIRELY ON EXECUTIVE'S OWN TIME, UNLESS (A) THE INVENTION RELATED (I) TO THE EMPLOYER’S BUSINESS, BUSINESS OF THE COMPANY OR ANY OF ITS SUBSIDIARIES OR AFFILIATES OR (II) TOTHE COMPANY'S OR ANY OF ITS SUBSIDIARIES' OR AFFILIATES' ACTUAL OR DEMONSTRABLY ANTICIPATED RESEARCH OR DEVELOPMENT OF THE EMPLOYMENT RESEARCH OR DEVELOPMENT OF THE EMPLOYERDEVELOPMENT, OR (2B) RESULT THE INVENTION RESULTS FROM ANY WORK PERFORMED BY THE EMPLOYEE EXECUTIVE FOR THE EMPLOYER. TO COMPANY OR ANY OF ITS SUBSIDIARIES OR AFFILIATES. (c) EXECUTIVE ACKNOWLEDGES THAT SHE HAS READ THIS SECTION 6 AND FULLY UNDERSTANDS THE EXTENT LIMITATIONS WHICH IT IMPOSES UPON HER AND HAS RECEIVED A PROVISION IN AN EMPLOYMENT PURPORTS TO REQUIRE AN EMPLOYEE TO ASSIGN AN INVENTION OTHERWISE EXCLUDED FROM BEING REQUIRED TO BE ASSIGNED UNDER CALIFORNIA LABOR CODE SECTION 1870 (A), THE PROVISION IS AGAINST THE PUBLIC POLICY DUPLICATE COPY OF THIS STATE AND IS UNENFORCEABLEAGREEMENT FOR HER RECORDS. B. Employee agrees that he/she will disclose to Symantec in writing any inventions and discoveries covered by this Agreement. Employee further agrees that, without further remuneration, he/she will do any and all of the following acts at the request and expense of Symantec: (1) execute any assignments to Symantec or its nominee of the entire right, title, and interest in and to any such inventions and discoveries; (2) execute any other proper instruments or documents necessary or desirable in applying for and obtaining patents on such inventions and discoveries in the United States and foreign countries; and (3) to cooperate in the prosecution or defense of any claims, lawsuits, or other proceedings involving such invention and discoveries.

Appears in 1 contract

Samples: Employment Agreement (Surgery Partners, Inc.)

Inventions and Discoveries. A. Employee (a) Executive understands and agrees that all inventions and inventions, discoveries, ideas, improvements, whether patentable patentable, copyrightable or unpatentablenot, pertaining to the Business or relating to Parent’s, Holding’s or any of their Subsidiaries’ or Affiliates’ actual or demonstrably anticipated research, development or inventions (collectively, “Inventions and Discoveries”) that result from any work performed by Executive solely or jointly with others for Parent, Symbion or any of their Subsidiaries or Affiliates which are conceived or made by him/her during his/her employmentExecutive, either solely or jointly with others, conceives, develops, or reduces to practice during the course of Executive’s employment with Parent, Symbion or any of their Subsidiaries, are the sole and which relate in any way exclusive property of the Company. Executive will promptly disclose all such matters to the products or business Company and will assist the Company in obtaining legal protection for Inventions and Discoveries. Executive hereby agrees on behalf of Symantecherself, shall belong her executors, legal representatives and assignees that she will assign, transfer and convey to Symantec. Employee agrees that he/she has been notified the Company, its successors and understands that assigns the provisions of this paragraph do not apply to any Invention that qualifies fully under the provisions of Section 2870 of the California Labor Code, which states as follows: ANY PROVISION IN AN EMPLOYMENT AGREEMENT WHICH PROVIDES Inventions and Discoveries. (b) THE COMPANY AND EXECUTIVE ACKNOWLEDGE AND AGREE THAT AN EMPLOYEE SHALL ASSIGN OR OFFER TO ASSIGN ANY OF HIS OR HER RIGHTS IN AN INVENTION TO HIS OR HER EMPLOYER SECTION 6(a) SHALL NOT APPLY TO AN INVENTION THAT THE EMPLOYEE DEVELOPED ENTIRELY ON HIS OR HER OWN TIME WITHOUT USING THE EMPLOYER’S OF EXECUTIVE FOR WHICH NO EQUIPMENT, SUPPLIES, FACILITIES, FACILITY OR TRADE SECRET INFORMATION EXCEPT FOR THOSE INVENTIONS THAT EITHER: OF PARENT, HOLDINGS OR ANY OF THEIR SUBSIDIARIES WAS USED AND WHICH WAS DEVELOPED ENTIRELY ON EXECUTIVE’S OWN TIME, UNLESS (1A) RELATE AT THE TIME OF CONCEPTION OR REDUCTION TO PRACTICE OF THE INVENTION RELATED (I) TO THE EMPLOYERBUSINESS OF PARENT, HOLDINGS OR ANY OF THEIR SUBSIDIARIES OR AFFILIATES OR (II) TO THE COMPANY’S BUSINESS, OR ANY OF ITS SUBSIDIARIES’ OR AFFILIATES’ ACTUAL OR DEMONSTRABLY ANTICIPATED RESEARCH OR DEVELOPMENT OF THE EMPLOYMENT RESEARCH OR DEVELOPMENT OF THE EMPLOYERDEVELOPMENT, OR (2B) RESULT THE INVENTION RESULTS FROM ANY WORK PERFORMED BY EXECUTIVE FOR PARENT, HOLDINGS OR ANY OF THEIR SUBSIDIARIES OR AFFILIATES. EXECUTIVE AND THE EMPLOYEE FOR THE EMPLOYER. COMPANY FURTHER ACKNOWLEDGE AND AGREE THAT SECTION 6(a) SHALL NOT APPLY TO ANY INVENTIONS OR WORK PRODUCT DEVELOPED OR VESTED BY EXECUTIVE PRIOR TO THE EXTENT EFFECTIVE DATE, A PROVISION IN AN EMPLOYMENT PURPORTS TO REQUIRE AN EMPLOYEE TO ASSIGN AN INVENTION OTHERWISE EXCLUDED FROM BEING REQUIRED TO BE ASSIGNED UNDER CALIFORNIA LABOR CODE COMPLETE AND ACCURATE LIST OF WHICH IS SET FORTH ON SCHEDULE 6(b). (c) EXECUTIVE ACKNOWLEDGES THAT SHE HAS READ THIS SECTION 1870 (A), 6 AND FULLY UNDERSTANDS THE PROVISION IS AGAINST THE PUBLIC POLICY LIMITATIONS WHICH IT IMPOSES UPON HER AND HAS RECEIVED A DUPLICATE COPY OF THIS STATE AND IS UNENFORCEABLEAGREEMENT FOR HER RECORDS. B. Employee agrees that he/she will disclose to Symantec in writing any inventions and discoveries covered by this Agreement. Employee further agrees that, without further remuneration, he/she will do any and all of the following acts at the request and expense of Symantec: (1) execute any assignments to Symantec or its nominee of the entire right, title, and interest in and to any such inventions and discoveries; (2) execute any other proper instruments or documents necessary or desirable in applying for and obtaining patents on such inventions and discoveries in the United States and foreign countries; and (3) to cooperate in the prosecution or defense of any claims, lawsuits, or other proceedings involving such invention and discoveries.

Appears in 1 contract

Samples: Employment Agreement (Surgery Partners, Inc.)

Inventions and Discoveries. A. Employee (a) Executive understands and agrees that all inventions and inventions, discoveries, ideas, improvements, whether patentable patentable, copyrightable or unpatentablenot, pertaining to the Business or relating to Parent’s, Symbion’s or any of their Subsidiaries’ or Affiliates’ actual or demonstrably anticipated research, development or inventions (collectively, “Inventions and Discoveries”) that result from any work performed by Executive solely or jointly with others for Parent, Symbion or any of their Subsidiaries or Affiliates which are conceived or made by him/her during his/her employmentExecutive, either solely or jointly with others, conceives, develops, or reduces to practice during the course of Executive’s employment with Parent, Symbion or any of their Subsidiaries, are the sole and which relate in any way exclusive property of the Company. Executive will promptly disclose all such matters to the products or business Company and will assist the Company in obtaining legal protection for Inventions and Discoveries. Executive hereby agrees on behalf of Symantecherself, shall belong his executors, legal representatives and assignees that he will assign, transfer and convey to Symantec. Employee agrees that he/she has been notified the Company, its successors and understands that assigns the provisions of this paragraph do not apply to any Invention that qualifies fully under the provisions of Section 2870 of the California Labor Code, which states as follows: ANY PROVISION IN AN EMPLOYMENT AGREEMENT WHICH PROVIDES Inventions and Discoveries. (b) THE COMPANY AND EXECUTIVE ACKNOWLEDGE AND AGREE THAT AN EMPLOYEE SHALL ASSIGN OR OFFER TO ASSIGN ANY OF HIS OR HER RIGHTS IN AN INVENTION TO HIS OR HER EMPLOYER SECTION 6(a) SHALL NOT APPLY TO AN INVENTION THAT THE EMPLOYEE DEVELOPED ENTIRELY ON HIS OR HER OWN TIME WITHOUT USING THE EMPLOYER’S OF EXECUTIVE FOR WHICH NO EQUIPMENT, SUPPLIES, FACILITIES, FACILITY OR TRADE SECRET INFORMATION EXCEPT FOR THOSE INVENTIONS THAT EITHER: OF PARENT, SYMBION OR ANY OF THEIR SUBSIDIARIES WAS USED AND WHICH WAS DEVELOPED ENTIRELY ON EXECUTIVE’S OWN TIME, UNLESS (1A) RELATE AT THE TIME OF CONCEPTION OR REDUCTION TO PRACTICE OF THE INVENTION RELATED (I) TO THE EMPLOYERBUSINESS OF PARENT, SYMBION OR ANY OF THEIR SUBSIDIARIES OR AFFILIATES OR (II) TO THE COMPANY’S BUSINESS, OR ANY OF ITS SUBSIDIARIES’ OR AFFILIATES’ ACTUAL OR DEMONSTRABLY ANTICIPATED RESEARCH OR DEVELOPMENT OF THE EMPLOYMENT RESEARCH OR DEVELOPMENT OF THE EMPLOYERDEVELOPMENT, OR (2B) RESULT THE INVENTION RESULTS FROM ANY WORK PERFORMED BY EXECUTIVE FOR PARENT, SYMBION OR ANY OF THEIR SUBSIDIARIES OR AFFILIATES. EXECUTIVE AND THE EMPLOYEE FOR THE EMPLOYER. COMPANY FURTHER ACKNOWLEDGE AND AGREE THAT SECTION 6(a) SHALL NOT APPLY TO ANY INVENTIONS OR WORK PRODUCT DEVELOPED OR VESTED BY EXECUTIVE PRIOR TO THE EXTENT EFFECTIVE DATE, A PROVISION IN AN EMPLOYMENT PURPORTS TO REQUIRE AN EMPLOYEE TO ASSIGN AN INVENTION OTHERWISE EXCLUDED FROM BEING REQUIRED TO BE ASSIGNED UNDER CALIFORNIA LABOR CODE COMPLETE AND ACCURATE LIST OF WHICH IS SET FORTH ON SCHEDULE 6(b). (c) EXECUTIVE ACKNOWLEDGES THAT HE HAS READ THIS SECTION 1870 (A), 6 AND FULLY UNDERSTANDS THE PROVISION IS AGAINST THE PUBLIC POLICY LIMITATIONS WHICH IT IMPOSES UPON HIS AND HAS RECEIVED A DUPLICATE COPY OF THIS STATE AND IS UNENFORCEABLEAGREEMENT FOR HIS RECORDS. B. Employee agrees that he/she will disclose to Symantec in writing any inventions and discoveries covered by this Agreement. Employee further agrees that, without further remuneration, he/she will do any and all of the following acts at the request and expense of Symantec: (1) execute any assignments to Symantec or its nominee of the entire right, title, and interest in and to any such inventions and discoveries; (2) execute any other proper instruments or documents necessary or desirable in applying for and obtaining patents on such inventions and discoveries in the United States and foreign countries; and (3) to cooperate in the prosecution or defense of any claims, lawsuits, or other proceedings involving such invention and discoveries.

Appears in 1 contract

Samples: Employment Agreement (Surgery Partners, Inc.)

Inventions and Discoveries. A. Employee (a) Executive understands and agrees that all inventions and inventions, discoveries, ideas, improvements, whether patentable patentable, copyrightable or unpatentablenot, pertaining to the Business or relating to Company’s or any of its Subsidiaries’ or Affiliates’ actual or demonstrably anticipated research, development or inventions (collectively, “Inventions and Discoveries”) that result from any work performed by Executive solely or jointly with others for the Company or any of its Subsidiaries or Affiliates which are conceived or made by him/her during his/her employmentExecutive, either solely or jointly with others, conceives, develops, or reduces to practice during the course of Executive’s employment with the Company or any of its Subsidiaries, are the sole and which relate in any way exclusive property of the Company. Executive will promptly disclose all such matters to the products or business Company and will assist the Company in obtaining legal protection for Inventions and Discoveries. Executive hereby agrees on behalf of Symantecherself, shall belong his executors, legal representatives and assignees that he will assign, transfer and convey to Symantec. Employee agrees that he/she has been notified the Company, its successors and understands that assigns the provisions of this paragraph do not apply to any Invention that qualifies fully under the provisions of Section 2870 of the California Labor Code, which states as follows: ANY PROVISION IN AN EMPLOYMENT AGREEMENT WHICH PROVIDES Inventions and Discoveries. (b) THE COMPANY AND EXECUTIVE ACKNOWLEDGE AND AGREE THAT AN EMPLOYEE SHALL ASSIGN OR OFFER TO ASSIGN ANY OF HIS OR HER RIGHTS IN AN INVENTION TO HIS OR HER EMPLOYER SECTION 7(a) SHALL NOT APPLY TO AN INVENTION THAT THE EMPLOYEE DEVELOPED ENTIRELY ON HIS OR HER OWN TIME WITHOUT USING THE EMPLOYER’S OF EXECUTIVE FOR WHICH NO EQUIPMENT, SUPPLIES, FACILITIES, FACILITY OR TRADE SECRET INFORMATION EXCEPT FOR THOSE INVENTIONS THAT EITHER: (1) RELATE AT THE TIME OF CONCEPTION OR REDUCTION TO PRACTICE OF THE COMPANY OR ANY OF ITS SUBSIDIARIES WAS USED AND WHICH WAS DEVELOPED ENTIRELY ON EXECUTIVE’S OWN TIME, UNLESS (A) THE INVENTION RELATED (I) TO THE EMPLOYERBUSINESS OF THE COMPANY OR ANY OF ITS SUBSIDIARIES OR AFFILIATES OR (II) TO THE COMPANY’S BUSINESS, OR ANY OF ITS SUBSIDIARIES’ OR AFFILIATES’ ACTUAL OR DEMONSTRABLY ANTICIPATED RESEARCH OR DEVELOPMENT OF THE EMPLOYMENT RESEARCH OR DEVELOPMENT OF THE EMPLOYERDEVELOPMENT, OR (2B) RESULT THE INVENTION RESULTS FROM ANY WORK PERFORMED BY THE EMPLOYEE EXECUTIVE FOR THE EMPLOYER. TO COMPANY OR ANY OF ITS SUBSIDIARIES OR AFFILIATES. (c) EXECUTIVE ACKNOWLEDGES THAT HE HAS READ THIS SECTION 7 AND FULLY UNDERSTANDS THE EXTENT LIMITATIONS WHICH IT IMPOSES UPON HIS AND HAS RECEIVED A PROVISION IN AN EMPLOYMENT PURPORTS TO REQUIRE AN EMPLOYEE TO ASSIGN AN INVENTION OTHERWISE EXCLUDED FROM BEING REQUIRED TO BE ASSIGNED UNDER CALIFORNIA LABOR CODE SECTION 1870 (A), THE PROVISION IS AGAINST THE PUBLIC POLICY DUPLICATE COPY OF THIS STATE AND IS UNENFORCEABLEAGREEMENT FOR HIS RECORDS. B. Employee agrees that he/she will disclose to Symantec in writing any inventions and discoveries covered by this Agreement. Employee further agrees that, without further remuneration, he/she will do any and all of the following acts at the request and expense of Symantec: (1) execute any assignments to Symantec or its nominee of the entire right, title, and interest in and to any such inventions and discoveries; (2) execute any other proper instruments or documents necessary or desirable in applying for and obtaining patents on such inventions and discoveries in the United States and foreign countries; and (3) to cooperate in the prosecution or defense of any claims, lawsuits, or other proceedings involving such invention and discoveries.

Appears in 1 contract

Samples: Employment Agreement (Surgery Partners, Inc.)

Inventions and Discoveries. A. Employee agrees that all inventions and discoveries, whether patentable or unpatentable, which are conceived or made by him/her during his/her employment, either solely or jointly with others, and which relate in any way to the products or business of Symantec, shall belong to Symantec. Employee agrees that he/she has been notified and understands that the provisions of this paragraph do not apply to any Invention that qualifies fully under the provisions of Section 2870 of the California Labor Code, which states as follows: ANY PROVISION IN AN ANY EMPLOYMENT AGREEMENT WHICH PROVIDES THAT AN EMPLOYEE SHALL ASSIGN OR OFFER TO ASSIGN ANY OF HIS OR HER RIGHTS IN AN INVENTION TO HIS OR HER EMPLOYER SHALL NOT APPLY TO AN INVENTION THAT THE EMPLOYEE DEVELOPED ENTIRELY ON HIS OR HER OWN TIME WITHOUT USING THE EMPLOYER’S 'S EQUIPMENT, SUPPLIES, FACILITIES, OR TRADE SECRET INFORMATION EXCEPT FOR THOSE INVENTIONS THAT EITHER: (1) RELATE AT THE TIME OF CONCEPTION OR REDUCTION TO PRACTICE OF THE INVENTION TO THE EMPLOYER’S 'S BUSINESS, OR ACTUAL OR DEMONSTRABLY ANTICIPATED RESEARCH OR DEVELOPMENT OF THE EMPLOYMENT RESEARCH OR DEVELOPMENT OF THE EMPLOYER, OR (2) RESULT FROM ANY WORK PERFORMED BY THE EMPLOYEE FOR THE EMPLOYER. TO THE EXTENT A PROVISION IN AN EMPLOYMENT AGREEMENT PURPORTS TO REQUIRE AN EMPLOYEE TO ASSIGN AN INVENTION OTHERWISE EXCLUDED FROM BEING REQUIRED TO BE ASSIGNED UNDER CALIFORNIA LABOR CODE SECTION 1870 (A), THE PROVISION IS AGAINST THE PUBLIC POLICY OF THIS STATE AND IS UNENFORCEABLE.] B. Employee agrees that he/she will disclose to Symantec in writing any inventions and discoveries covered by this Agreement. Employee further agrees that, without further remuneration, he/she will do any and all of the following acts at the request and expense of Symantec: (1) execute any assignments to of Symantec or its nominee of the entire right, title, and interest in and to any such inventions and discoveries; (2) execute any other proper instruments or documents necessary or desirable in applying for and obtaining patents on such inventions and discoveries in the United States and foreign countries; (3) to the extent that Employee fails to so execute such assignments or instruments, he/she hereby appoints the Secretary of Symantec as his/her attorney in fact to execute such assignments on such Employee's behalf; and (34) to cooperate in the prosecution or defense of any claims, lawsuits, or other proceedings involving such invention inventions and discoveries.

Appears in 1 contract

Samples: Employment Agreement (Symantec Corp)

Inventions and Discoveries. A. Employee (a) Executive understands and agrees that all inventions and inventions, discoveries, ideas, improvements, whether patentable patentable, copyrightable or unpatentablenot, pertaining to the Business or relating to Company's or any of its Subsidiaries' or Affiliates' actual or demonstrably anticipated research, development or inventions (collectively, "Inventions and Discoveries") that result from any work performed by Executive solely or jointly with others for the Company or any of its Subsidiaries or Affiliates which are conceived or made by him/her during his/her employmentExecutive, either solely or jointly with others, conceives, develops, or reduces to practice during the course of Executive's employment with the Company or any of its Subsidiaries, are the sole and which relate in any way exclusive property of the Company. Executive will promptly disclose all such matters to the products or business Company and will assist the Company in obtaining legal protection for Inventions and Discoveries. Executive xxxxxx agrees on behalf of Symantechimself, shall belong to Symantec. Employee agrees his/her executors, legal representatives and assignees that he/she has been notified will assign, transfer and understands that convey to the provisions of this paragraph do not apply to any Invention that qualifies fully under Company, its successors and assigns the provisions of Section 2870 of the California Labor Code, which states as follows: ANY PROVISION IN AN EMPLOYMENT AGREEMENT WHICH PROVIDES Inventions and Discoveries. (b) THE COMPANY AND EXECUTIVE ACKNOWLEDGE AND AGREE THAT AN EMPLOYEE SHALL ASSIGN OR OFFER TO ASSIGN ANY OF HIS OR HER RIGHTS IN AN INVENTION TO HIS OR HER EMPLOYER SECTION 6(a) SHALL NOT APPLY TO AN INVENTION THAT THE EMPLOYEE DEVELOPED ENTIRELY ON HIS OR HER OWN TIME WITHOUT USING THE EMPLOYER’S OF EXECUTIVE FOR WHICH NO EQUIPMENT, SUPPLIES, FACILITIES, FACILITY OR TRADE SECRET INFORMATION EXCEPT FOR THOSE INVENTIONS THAT EITHER: OF THE COMPANY OR ANY OF ITS SUBSIDIARIES WAS USED AND WHICH WAS DEVELOPED ENTIRELY ON EXECUTIVE'S OWN TIME, UNLESS (A) THE INVENTION RELATED (1) RELATE AT TO THE TIME OF CONCEPTION OR REDUCTION TO PRACTICE BUSINESS OF THE INVENTION COMPANY OR ANY OF ITS SUBSIDIARIES OR AFFILIATES OR (II) TO THE EMPLOYER’S BUSINESS, COMPANY'S OR ANY OF ITS SUBSIDIARIES' OR AFFILIATES' ACTUAL OR DEMONSTRABLY ANTICIPATED RESEARCH OR DEVELOPMENT OF THE EMPLOYMENT RESEARCH OR DEVELOPMENT OF THE EMPLOYERDEVELOPMENT, OR (2B) RESULT THE INVENTION RESULTS FROM ANY WORK PERFORMED BY THE EMPLOYEE EXECUTIVE FOR THE EMPLOYER. TO COMPANY OR ANY OF ITS SUBSIDIARIES OR AFFILIATES. (c) EXECUTIVE ACKNOWLEDGES THAT HE/SHE HAS READ THIS SECTION 6 AND FULLY UNDERSTANDS THE EXTENT LIMITATIONS WHICH IT IMPOSES UPON HIM AND HAS RECEIVED A PROVISION IN AN EMPLOYMENT PURPORTS TO REQUIRE AN EMPLOYEE TO ASSIGN AN INVENTION OTHERWISE EXCLUDED FROM BEING REQUIRED TO BE ASSIGNED UNDER CALIFORNIA LABOR CODE SECTION 1870 (A), THE PROVISION IS AGAINST THE PUBLIC POLICY DUPLICATE COPY OF THIS STATE AND IS UNENFORCEABLEAGREEMENT FOR HIS/HER RECORDS. B. Employee agrees that he/she will disclose to Symantec in writing any inventions and discoveries covered by this Agreement. Employee further agrees that, without further remuneration, he/she will do any and all of the following acts at the request and expense of Symantec: (1) execute any assignments to Symantec or its nominee of the entire right, title, and interest in and to any such inventions and discoveries; (2) execute any other proper instruments or documents necessary or desirable in applying for and obtaining patents on such inventions and discoveries in the United States and foreign countries; and (3) to cooperate in the prosecution or defense of any claims, lawsuits, or other proceedings involving such invention and discoveries.

Appears in 1 contract

Samples: Employment Agreement (Surgery Partners, Inc.)

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