Common use of Maintain Confidentiality Clause in Contracts

Maintain Confidentiality. Consultant hereby acknowledges that, based on Consultant’s past or current relationship with the Company, Consultant has had access to and become acquainted with the Confidential Information (as defined below). Consultant hereby covenants and agrees that he shall not, in any fashion, form or manner, unless previously and specifically consented to in writing by the Company, either directly or indirectly use, divulge, transmit or otherwise disclose or cause to be used, divulged, transmitted or otherwise disclosed to any person, firm, partnership, corporation or other entity now existing or hereafter created, in any manner whatsoever (other than as required by law), any Confidential Information of any kind, nature or description. Consultant hereby further acknowledges and agrees that the sale or unauthorized use, transmission or other disclosure of any of the Confidential Information which is in his possession constitutes unfair competition and Consultant covenants and agrees that he shall not engage in any unfair competition with the Company (collectively, the “Confidentiality Covenants”). The foregoing provisions shall not be construed to prevent Consultant from making use of or disclosing information that (1) is or becomes, at the time of disclosure, in the public domain; (2) is known to Consultant prior to being disclosed by Company to Consultant; (3) Consultant learns from sources other than the Company from a person or entity under no duty known to Consultant to keep such information confidential; and (4) is required by law to be disclosed. The foregoing provisions shall also not be construed as preventing Consultant from reasonable and bona fide efforts to promote the Company and otherwise provide the services hereunder for the benefit of the Company.

Maintain Confidentiality. Consultant hereby acknowledges that, based on Consultant’s past or current relationship with the Company, Consultant has had access to and become acquainted with the Confidential Information (as defined below). Consultant hereby covenants and agrees that he shall not, in any fashion, form or manner, unless previously and specifically consented to in writing by the Company, either directly or indirectly use, divulge, transmit or otherwise disclose or cause to be used, divulged, transmitted or otherwise disclosed to any person, firm, partnership, corporation or other entity now existing or hereafter created, in any manner whatsoever (other than as required by law), any of the Company’s Confidential Information of any kind, nature or description. Consultant hereby further acknowledges and agrees that the sale or unauthorized use, transmission or other disclosure of any of the Company’s Confidential Information which is in his possession constitutes unfair competition and Consultant covenants and agrees that he shall not engage in any unfair competition with the Company (collectively, the “Confidentiality Covenants”)Company. The foregoing provisions shall not be construed to prevent Consultant from making use of or disclosing information that (1) is in the public domain through no fault of Consultant’s; provided, however, specific information shall not be deemed to be in the public domain merely because it is encompassed by some general information that is published or becomes, at the time of disclosure, in the public domain; (2) is known to Consultant prior to being disclosed by Company to Consultant; (3) Consultant learns from sources other than the Company from a person or entity under no duty known to Consultant to keep such information confidential; and (4) is required by law to be disclosed. The foregoing provisions shall also not be construed as preventing Consultant from reasonable and bona fide efforts to promote the Company and otherwise provide the services hereunder for the benefit of the Company.