Non-Disclosure of Information. 10.1. Employee acknowledges that by virtue of his position he will be privy to Company's confidential information and trade secrets, as they may exist from time to time, and that such confidential information and trade secrets may constitute valuable, special, and unique assets of Company (hereinafter collectively "Confidential Information"). Accordingly, Employee shall not, during the Term and for a period of five (5) years thereafter, intentionally disclose all or any part of the Confidential Information to any person, firm, corporation, association or any other entity for any reason or purpose whatsoever, nor shall Employee and any other person by, through or with Employee, during the term and for a period of five (5) years thereafter, intentionally make use of any of the Confidential Information for any purpose or for the benefit of any other person or entity, other than Company, under any circumstances. 10.2. Company and Employee agree that a violation of the foregoing covenants will cause irreparable injury to Company, and that in the event of a breach or threatened breach by Employee of the provisions of this Section 10, Company shall be entitled to an injunction restraining Employee from disclosing, in whole or in part, any Confidential Information, or from rendering any services to any person, firm, corporation, association or other entity to whom any such information, in whole or in part, has been disclosed or is threatened to be disclosed in violation of this Agreement. Nothing herein stated shall be construed as prohibiting Company from pursuing any other rights and remedies, at law or in equity, available to Company for such breach or threatened breach, including the recovery of damages from Employee. 10.3. Notwithstanding anything contained in this Section 10 to the contrary, "Confidential Information" shall not include (i) information in the public domain as of the date hereof, (ii) information which enters the public domain hereafter through no fault of Employee, (iii) information created, discovered or developed by Employee independent of his association with Company, provided that such information is supported by accompanying documentation of such independent development. Nothing contained in this Section 10 shall be deemed to preclude the proper use by Employee of Confidential Information in the exercise of his duties hereunder or the disclosure of Confidential Information required by law
Appears in 2 contracts
Samples: Employment Agreement (Assure Energy Inc), Employment Agreement (Assure Energy Inc)
Non-Disclosure of Information. 10.1. Employee acknowledges that by virtue of his position he will be privy to the Company's confidential information trade secrets including but not limited to Company's customer list and trade secretsprivate processes, as they may exist or as Company may determine from time to time, and that such confidential information and trade secrets may constitute are valuable, special, and unique assets of Company Company's business and constitute confidential information and trade secrets of Employer (hereinafter hereafter collectively "Confidential Information"). Accordingly, Employee shall not, during the Term while employed hereunder and for a period of five twenty four (524) years months thereafter, intentionally disclose all or any part of the Confidential Information to any person, firm, corporation, association or any other entity for any reason or purpose whatsoever, nor shall Employee and any other person by, through or with Employee, during the term while employed hereunder and for a period of five twenty four months (524) years thereafter, intentionally make use of any of the Confidential Information for any purpose or for the benefit of any other person or entity, other than Company, under any circumstances.
10.2. Company and Employee agree that a violation of the foregoing covenants will cause irreparable injury to the Company, and that in the event of a breach or threatened breach by Employee of the provisions of this Section 10Section, Company shall be entitled to an injunction restraining Employee from disclosingfrom:
(a) Disclosing, in whole or in part, any Confidential Information, or from rendering any services Information to any person, firm, corporation, association or other entity to whom any such information, in whole or in part, has been disclosed or is threatened to be disclosed in violation of this Agreement.
(b) Continuing such injurious actions. Nothing herein stated shall be construed constructed as prohibiting the Company from pursuing any other rights and remedies, at law or in equity, available to the Company for such breach or threatened breach, including the recovery of damages from the Employee.
10.3. Notwithstanding anything contained in this Section 10 to the contrary, "Confidential Information" shall not include (i) information in the public domain as of the date hereof, (ii) information which enters the public domain hereafter through no fault of Employee, (iii) information created, discovered or developed by Employee independent of his association with Company, provided that such information is supported by accompanying documentation of such independent development. Nothing contained in this Section 10 shall be deemed to preclude the proper use by Employee of Confidential Information in the exercise of his duties hereunder or the disclosure of Confidential Information required by law
Appears in 2 contracts
Samples: Employment Agreement (Unidigital Inc), Employment Agreement (Unidigital Inc)
Non-Disclosure of Information. 10.1. Employee Executive acknowledges that by virtue of his position he will be privy to the Company's confidential information and trade secrets, as they may exist from time to time, and that such confidential information and trade secrets may constitute valuable, special, and unique assets of the Company (hereinafter collectively "Confidential Information"). Accordingly, Employee Executive shall not, during the Term and for a period of five three (53) years thereafter, intentionally disclose all or any part of the Confidential Information to any person, firm, corporation, association or any other entity for any reason or purpose whatsoever, nor shall Employee Executive and any other person by, through or with EmployeeExecutive, during the term and for a period of five three (53) years thereafter, intentionally make use of any of the Confidential Information for any purpose or for the benefit of any other person or entity, other than the Company, under any circumstances.
10.2. The Company and Employee Executive agree that a violation of the foregoing covenants will cause irreparable injury to the Company, and that in the event of a breach or threatened breach by Employee Executive of the provisions of this Section 10, the Company shall be entitled to an injunction restraining Employee Executive from disclosing, in whole or in part, any Confidential Information, or from rendering any services service to any person, firm, corporation, association or other entity to whom any such information, in whole or in part, has been disclosed or is threatened to be disclosed in violation of this Agreement. Nothing herein stated shall be construed as prohibiting the Company from pursuing any other rights and remedies, at law or in equity, available to the Company for such breach or threatened breach, including the recovery of damages from EmployeeExecutive.
10.3. Notwithstanding anything contained in this Section 10 to the contrary, "Confidential Information" shall not include (i) information in the public domain as of the date hereof, (ii) information which enters the public domain hereafter through no fault of EmployeeExecutive, (iii) information created, discovered or developed by Employee Executive independent of his association with the Company, provided that such information is supported by accompanying documentation of such independent development. Nothing contained in this Section 10 shall be deemed to preclude the proper use by Employee Executive of Confidential Information in the exercise of his duties hereunder or the disclosure of Confidential Information required by law.
Appears in 2 contracts
Samples: Employment Agreement (Adsero Corp), Employment Agreement (Adsero Corp)
Non-Disclosure of Information. 10.1. (a) Employee acknowledges that by virtue of his position he will be privy to the Company's confidential information and trade secrets, as they may exist from time to time, and that such confidential information and trade secrets may constitute valuable, special, and unique assets of the Company (hereinafter collectively "Confidential Information"). Accordingly, Employee shall not, during the Term and for a period of five (5) years thereafter, intentionally disclose all or any part of the Confidential Information to any person, firm, corporation, association or any other entity for any reason or purpose whatsoever, nor shall Employee and any other person by, through or with Employee, during the term Term and for a period of five (5) years thereafter, intentionally make use of any of the Confidential Information for any purpose or for the benefit of any other person or entity, other than Company, under any circumstances.
10.2. (b) Company and Employee agree that a violation of the foregoing covenants will cause irreparable injury to the Company, and that in the event of a breach or threatened breach by Employee of the provisions of this Section 108, Company shall be entitled to an injunction restraining Employee from disclosing, in whole or in part, any Confidential Information, or from rendering any services to any person, firm, corporation, association or other entity to whom any such information, in whole or in part, has been disclosed or is threatened to be disclosed in violation of this Agreement. Nothing herein stated shall be construed as prohibiting the Company from pursuing any other rights and remedies, at law or in equity, available to the Company for such breach or threatened breach, including the recovery of damages from the Employee.
10.3. (c) Notwithstanding anything contained in this Section 10 8 to the contrary, "Confidential Information" shall not include (i) information in the public domain as of the date hereof, (ii) information which enters the public domain hereafter through no fault of the Employee, (iii) information known to the Employee prior to his employment with the Company, or (iv) information created, discovered or developed by the Employee independent of his association with the Company, provided that such information is supported by accompanying documentation of such independent development. Nothing contained in this Section 10 8 shall be deemed to preclude the proper use by the Employee of Confidential Information in the exercise of his duties hereunder or the disclosure of Confidential Information required by law.
Appears in 2 contracts
Samples: Employment Agreement (Senesco Technologies Inc), Employment Agreement (Senesco Technologies Inc)
Non-Disclosure of Information. 10.1. Employee acknowledges that by virtue of ----------------------------- his position he will be privy to the Company's confidential information trade secrets including but not limited to Company's customers list and trade secretsprivate processes, as they may exist or, as Company may determine from time to time, and that such confidential information and trade secrets may constitute are valuable, special, and unique assets of Company Company's business and constitute confidential information and trade secrets of Employee (hereinafter hereafter collectively "Confidential Information"). Accordingly, ) Employee shall not, during the Term and for a period of five six (56) years months thereafter, intentionally disclose all or any part of the Confidential Information to any person, firm, corporation, association or any other entity for any reason or purpose whatsoever, nor shall Employee and any other person by, through or with Employee, during the term Term and for a period of five six (56) years months thereafter, intentionally make use of any of the Confidential Information for any purpose or for the benefit of any other person or entity, other than Company, under any circumstances.
10.2. For a period of six (6) months after the termination of this Agreement, Employee shall not intentionally take any action which in any manner shall be injurious to the Company. Company and Employee agree that a violation of the foregoing covenants will cause irreparable injury to the Company, and that in the event of a breach or threatened breach by Employee of the provisions of this Section 10Section, Company shall be entitled to an injunction restraining Employee from disclosingfrom:
(a) Disclosing, in whole or in part, any Confidential Information, or from rendering any services to any person, firm, corporation, association or other entity to whom any such information, in whole or in part, has been disclosed or is threatened to be disclosed in violation of this Agreement.
(b) Continuing such injurious actions. Nothing herein stated shall be construed as prohibiting the Company from pursuing any other rights and remedies, at law or in equity, available to the Company for such breach or threatened breach, including the recovery of damages from the Employee.
10.3. Notwithstanding anything contained in this Section 10 to the contrary, "Confidential Information" shall not include (i) information in the public domain as of the date hereof, (ii) information which enters the public domain hereafter through no fault of Employee, (iii) information created, discovered or developed by Employee independent of his association with Company, provided that such information is supported by accompanying documentation of such independent development. Nothing contained in this Section 10 shall be deemed to preclude the proper use by Employee of Confidential Information in the exercise of his duties hereunder or the disclosure of Confidential Information required by law
Appears in 2 contracts
Samples: Employment Agreement (Evergood Products Corp), Employment Agreement (Evergood Products Corp)
Non-Disclosure of Information. 10.1. Employee acknowledges that by virtue of his position he will be privy to the Company's confidential information trade secrets including but not limited to Company's customer list and trade secretsprivate processes, as they may exist or as Company may determine from time to time, and that such confidential information and trade secrets may constitute are valuable, special, and unique assets of Company Company's business and constitute confidential information and trade secrets of Employer (hereinafter hereafter collectively "Confidential Information"). Accordingly, Employee shall not, during the Term while employed hereunder and for a period of five twelve (512) years months thereafter, intentionally disclose all or any part of the Confidential Information to any person, firm, corporation, association or any other entity for any reason or purpose whatsoever, nor shall Employee and any other person by, through or with Employee, during the term while employed hereunder and for a period of five twelve (512) years months thereafter, intentionally make use of any of the Confidential Information for any purpose or for the benefit of any other person or entity, other than Company, under any circumstances.
10.2. Company and Employee agree that a violation of the foregoing covenants will cause irreparable injury to the Company, and that in the event of a breach or threatened breach by Employee of the provisions of this Section 10Section, Company shall be entitled to an injunction restraining Employee from disclosingfrom:
(a) Disclosing, in whole or in part, any Confidential Information, or from rendering any services Information to any person, firm, corporation, association or other entity to whom any such information, in whole or in part, has been disclosed or is threatened to be disclosed in violation of this Agreement.
(b) Continuing such injurious actions. Nothing herein stated shall be construed constructed as prohibiting the Company from pursuing any other rights and remedies, at law or in equity, available to the Company for such breach or threatened breach, including the recovery of damages from the Employee.
10.3. Notwithstanding anything contained in this Section 10 to the contrary, "Confidential Information" shall not include (i) information in the public domain as of the date hereof, (ii) information which enters the public domain hereafter through no fault of Employee, (iii) information created, discovered or developed by Employee independent of his association with Company, provided that such information is supported by accompanying documentation of such independent development. Nothing contained in this Section 10 shall be deemed to preclude the proper use by Employee of Confidential Information in the exercise of his duties hereunder or the disclosure of Confidential Information required by law
Appears in 1 contract
Non-Disclosure of Information. 10.1. (a) Employee acknowledges that by virtue of his position he will be privy to the Company's ’s confidential information and trade secrets, as they may exist from time to time, and that such confidential information and trade secrets may constitute valuable, special, and unique assets of the Company (hereinafter collectively "“Confidential Information"”). Accordingly, Employee shall not, during the Term and for a period of five (5) years thereafter, intentionally disclose all or any part of the Confidential Information to any person, firm, corporation, association or any other entity for any reason or purpose whatsoever, nor shall Employee and any other person by, through or with Employee, during the term Term and for a period of five (5) years thereafter, intentionally make use of any of the Confidential Information for any purpose or for the benefit of any other person or entity, other than Company, under any circumstances.
10.2. (b) Company and Employee agree that a violation of the foregoing covenants will cause irreparable injury to the Company, and that in the event of a breach or threatened breach by Employee of the provisions of this Section 108, Company shall be entitled to an injunction restraining Employee from disclosing, in whole or in part, any Confidential Information, or from rendering any services to any person, firm, corporation, association or other entity to whom any such information, in whole or in part, has been disclosed or is threatened to be disclosed in violation of this Agreement. Nothing herein stated shall be construed as prohibiting the Company from pursuing any other rights and remedies, at law or in equity, available to the Company for such breach or threatened breach, including the recovery of damages from the Employee.
10.3. (c) Notwithstanding anything contained in this Section 10 8 to the contrary, "“Confidential Information" ” shall not include (i) information in the public domain as of the date hereof, (ii) information which enters the public domain hereafter through no fault of the Employee, (iii) information known to the Employee prior to his employment with the Company, or (iv) information created, discovered or developed by the Employee independent of his association with the Company, provided that such information is supported by accompanying documentation of such independent development. Nothing contained in this Section 10 8 shall be deemed to preclude the proper use by the Employee of Confidential Information in the exercise of his duties hereunder or the disclosure of Confidential Information required by law.
Appears in 1 contract
Non-Disclosure of Information. 10.1. Employee Executive acknowledges that by virtue of his position he she will be privy to Company's confidential information and trade secrets, as they may exist from time to time, and that such confidential information and trade secrets may constitute valuable, special, and unique assets of Company (hereinafter collectively "Confidential Information"). Accordingly, Employee Executive shall not, during the Term and for a period of five (5) years thereafter, intentionally disclose all or any part of the Confidential Information to any person, firm, corporation, association or any other entity for any reason or purpose whatsoever, nor shall Employee Executive and any other person by, through or with EmployeeExecutive, during the term and for a period of five (5) years thereafter, intentionally make use of any of the Confidential Information for any purpose or for the benefit of any other person or entity, other than Company, under any circumstances.
10.2. Company and Employee Executive agree that a violation of the foregoing covenants will cause irreparable injury to Company, and that in the event of a breach or threatened breach by Employee Executive of the provisions of this Section 10, Company shall be entitled to an injunction restraining Employee Executive from disclosing, in whole or in part, any Confidential Information, or from rendering any services to any person, firm, corporation, association or other entity to whom any such information, in whole or in part, has been disclosed or is threatened to be disclosed in violation of this Agreement. Nothing herein stated shall be construed as prohibiting Company from pursuing any other rights and remedies, at law or in equity, available to Company for such breach or threatened breach, including the recovery of damages from EmployeeExecutive.
10.3. Notwithstanding anything contained in this Section 10 to the contrary, "Confidential Information" shall not include (i) information in the public domain as of the date hereof, (ii) information which enters the public domain hereafter through no fault of EmployeeExecutive, (iii) information created, discovered or developed by Employee Executive independent of his association with Company, provided that such information is supported by accompanying documentation of such independent development. Nothing contained in this Section 10 shall be deemed to preclude the proper use by Employee Executive of Confidential Information in the exercise of his duties hereunder or the disclosure of Confidential Information required by law
Appears in 1 contract
Non-Disclosure of Information. 10.1. Employee acknowledges that by virtue of his position he will be privy to the Company's confidential information trade secrets including but not limited to Company's customers list and trade secretsprivate processes, as they may exist or, as Company may determine from time to time, and that such confidential information and trade secrets may constitute are valuable, special, and unique assets of Company Company's business and constitute confidential information and trade secrets of Employee (hereinafter hereafter collectively "Confidential Information"). Accordingly, ) Employee shall not, during the Term and for a period of five six (56) years months thereafter, intentionally disclose all or any part of the Confidential Information to any person, firm, corporation, association or any other entity for any reason or purpose whatsoever, nor shall Employee and any other person by, through or with Employee, during the term Term and for a period of five six (56) years months thereafter, intentionally make use of any of the Confidential Information for any purpose or for the benefit of any other person or entity, other than Company, under any circumstances.
10.2. For a period of six (6) months after the termination of this Agreement, Employee shall not intentionally take any action which in any manner shall be injurious to the Company. Company and Employee agree that a violation of the foregoing covenants will cause irreparable injury to the Company, and that in the event of a breach or threatened breach by Employee of the provisions of this Section 10Section, Company shall be entitled to an injunction restraining Employee from disclosingfrom:
(a) Disclosing, in whole or in part, any Confidential Information, or from rendering any services to any person, firm, corporation, association or other entity to whom any such information, in whole or in part, has been disclosed or is threatened to be disclosed in violation of this Agreement.
(b) Continuing such injurious actions. Nothing herein stated shall be construed as prohibiting the Company from pursuing any other rights and remedies, at law or in equity, available to the Company for such breach or threatened breach, including the recovery of damages from the Employee.
10.3. Notwithstanding anything contained in this Section 10 to the contrary, "Confidential Information" shall not include (i) information in the public domain as of the date hereof, (ii) information which enters the public domain hereafter through no fault of Employee, (iii) information created, discovered or developed by Employee independent of his association with Company, provided that such information is supported by accompanying documentation of such independent development. Nothing contained in this Section 10 shall be deemed to preclude the proper use by Employee of Confidential Information in the exercise of his duties hereunder or the disclosure of Confidential Information required by law
Appears in 1 contract
Non-Disclosure of Information. 10.1. Employee CONSULTANT recognizes and acknowledges that that, during the course of its employment hereunder, it will have access to valuable proprietary information relating to MAJOR and its Automotive Business, a substantial portion of which may be developed or created by virtue CONSULTANT in the performance of his position he will be privy to Company's confidential information and trade secrets, as they may exist from time to timeits services hereunder, and that such confidential information and trade secrets may constitute valuable, special, and constitutes unique assets of Company (hereinafter collectively the business of MAJOR and the COMPANY. To the extent that such proprietary information is developed by CONSULTANT pursuant to the performance of its consulting services under Part II above, CONSULTANT hereby assigns to MAJOR, without further consideration to CONSULTANT, the entire right title and interest in and to the such work product and in and to all proprietary rights therein or based thereon, and CONSULTANT agrees that the work product shall be deemed to be a "Confidential Informationwork made for hire"). AccordinglyNeither CONSULTANT not any of its affiliates, Employee shall notemployees, officers, directors, agents and consultant will, during the Term and for a period of five (5) years thereafteror after CONSULTANT's employment, intentionally personally use or disclose all all, or any part of the Confidential Information of, such proprietary information to any person, firm, corporation, association association, agency, or any other entity for any reason or purpose whatsoever, nor shall Employee and any other person by, through or with Employee, during except as properly required in the term and for a period of five (5) years thereafter, intentionally make use of any conduct of the Confidential Information for business of MAJOR and/or the COMPANY, or except as authorized in writing by MAJOR, publish, disclose or authorize anyone else to publish or disclose, any purpose secret or for the benefit of confidential matter relating to any other person or entity, other than Company, under any circumstances.
10.2. Company and Employee agree that a violation aspect of the foregoing covenants will cause irreparable injury to Company, and that business of MAJOR with which CONSULTANT'S service may in any way acquaint CONSULTANT. In the event of a breach breach, or threatened breach breach, by Employee CONSULTANT, of the provisions of this Section 10Paragraph, Company COMPANY and/or MAJOR shall be entitled to an a preliminary, temporary and permanent injunction restraining Employee CONSULTANT from disclosing, disclosing in whole or in part, any Confidential Information, or from such proprietary information and/or form rendering any services to any person, firm, corporation, association association, agency, or other entity to whom any such information, in whole or in part, has been disclosed or is threatened to be disclosed in violation of this Agreementdisclosed. Nothing Furthermore, nothing herein stated shall be construed as prohibiting Company COMPANY and/or MAJOR from pursuing any other rights and remedies, at law equitable or in equity, legal remedies available to Company it for such breach or threatened breach, including the recovery of or damages from EmployeeCONSULTANT.
10.3. Notwithstanding anything contained in this Section 10 to the contrary, "Confidential Information" shall not include (i) information in the public domain as of the date hereof, (ii) information which enters the public domain hereafter through no fault of Employee, (iii) information created, discovered or developed by Employee independent of his association with Company, provided that such information is supported by accompanying documentation of such independent development. Nothing contained in this Section 10 shall be deemed to preclude the proper use by Employee of Confidential Information in the exercise of his duties hereunder or the disclosure of Confidential Information required by law
Appears in 1 contract
Non-Disclosure of Information. 10.1. Employee acknowledges that by virtue of his position he will be privy to Company's confidential information and trade secrets, as they may exist from time to time, and that such confidential information and trade secrets may constitute valuable, special, and unique assets of Company (hereinafter collectively "Confidential Information"). Accordingly, Employee shall not, during the Term and for a period of five (5) years thereafter, intentionally disclose all or any part of the Confidential Information to any person, firm, corporation, association or any other entity for any reason or purpose whatsoever, nor shall Employee and any other person by, through or with Employee, during the term and for a period of five (5) years thereafter, intentionally make use of any of the Confidential Information for any purpose or for the benefit of any other person or entity, other than Company, under any circumstances.
10.2. Company and Employee agree that a violation of the foregoing covenants will cause irreparable injury to Company, and that in the event of a breach or threatened breach by Employee of the provisions of this Section 10, Company shall be entitled to an injunction restraining Employee from disclosing, in whole or in part, any Confidential Information, or from rendering any services to any person, firm, corporation, association or other entity to whom any such information, in whole or in part, has been disclosed or is threatened to be disclosed in violation of this Agreement. Nothing herein stated shall be construed as prohibiting Company from pursuing any other rights and remedies, at law or in equity, available to Company for such breach or threatened breach, including the recovery of damages from Employee.
10.3. Notwithstanding anything contained in this Section 10 to the contrary, "Confidential Information" shall not include (i) information in the public domain as of the date hereof, (ii) information which enters the public domain hereafter through no fault of Employee, (iii) information created, discovered or developed by Employee independent of his association with Company, provided that such information is supported by accompanying documentation of such independent development. Nothing contained in this Section 10 shall be deemed to preclude the proper use by Employee of Confidential Information in the exercise of his duties hereunder or the disclosure of Confidential Information required by law.
Appears in 1 contract
Non-Disclosure of Information. 10.18.1. Employee acknowledges that by virtue of his position he will be privy to the Company's confidential information and trade secrets, as they may exist from time to time, and that such confidential information information, and trade secrets may constitute valuable, special, ,and unique assets of the Company (hereinafter collectively "Confidential Information"). Accordingly, Employee shall not, during the Term and for a period of five (5) years thereafter, intentionally disclose all or any part of the Confidential Information to any person, firm, corporation, association or any other entity for any reason or purpose whatsoever, nor shall Employee and any other person by, through or with Employee, during the term and for a period of five (5) years thereafter, intentionally make use of any of the Confidential Information for any purpose or for the benefit of any other person or entity, other than Company, under any circumstances.
10.28.2. Company and Employee agree that a violation of the foregoing covenants will cause irreparable injury to the Company, and that in the event of a breach or threatened breach by Employee of the provisions of this Section 108, Company shall be entitled to an injunction restraining Employee from disclosing, in whole or in part, any Confidential Information, or from rendering any services to any person, firm, corporation, association or other entity to whom any such information, in whole or in part, has been disclosed or is threatened to be disclosed in violation of this Agreement. Nothing herein stated shall be construed as prohibiting the Company from pursuing any other rights and remedies, at law or in equity, available to the Company for such breach or threatened breach, including the recovery of damages from the Employee. In connection with this paragraph's provisions, Employee hereby (i) submits to the jurisdiction of any federal court in New Jersey or any New Jersey state court of general jurisdiction in the county in which Princeton is located, (ii) waives any and all defenses based on inconvenient forum, and (iii) agrees to pay the reasonable fees and disbursements of the Company's legal counsel in connection with obtaining any such injunctive relief.
10.38.3. Notwithstanding anything contained in this Section 10 8 to the contrary, contrary "Confidential Information" shall not include (i) information in the public domain as of the date hereof, (ii) information which enters the public domain hereafter through no fault of the Employee, and (iii) information created, discovered or developed by the Employee independent of his association with the Company, provided that such information is supported by accompanying documentation of such independent development. Nothing contained in this Section 10 8 shall be deemed to preclude the proper use by the Employee of Confidential Information in the exercise of his duties hereunder or the disclosure of Confidential Information required by law.
Appears in 1 contract
Non-Disclosure of Information. 10.1. Employee acknowledges that by virtue of his ----------------------------- his(her) position he he(she) will be privy to the Company's confidential information trade secrets including but not limited to Company's customers list and trade secretsprivate processes, as they may exist or, as Company may determine from time to time, and that such confidential information and trade secrets may constitute are valuable, special, and unique assets of Company Company's business and constitute confidential information and trade secrets of Employee (hereinafter hereafter collectively "Confidential Information"). Accordingly, ) Employee shall not, during the Term and for a period of five six (56) years months thereafter, intentionally disclose all or any part of the Confidential Information to any person, firm, corporation, association or any other entity for any reason or purpose whatsoever, nor shall Employee and any other person by, through or with Employee, during the term Term and for a period of five six (56) years months thereafter, intentionally make use of any of the Confidential Information for any purpose or for the benefit of any other person or entity, other than Company, under any circumstances.
10.2. For a period of six (6) months after the termination of this Agreement, Employee shall not intentionally take any action which in any manner shall be injurious to the Company. Company and Employee agree that a violation of the foregoing covenants will cause irreparable injury to the Company, and that in the event of a breach or threatened breach by Employee of the provisions of this Section 10Section, Company shall be entitled to an injunction restraining Employee from disclosingfrom:
(a) Disclosing, in whole or in part, any Confidential Information, or from rendering any services to any person, firm, corporation, association or other entity to whom any such information, in whole or in part, has been disclosed or is threatened to be disclosed in violation of this Agreement.
(b) Continuing such injurious actions. Nothing herein stated shall be construed as prohibiting the Company from pursuing any other rights and remedies, at law or in equity, available to the Company for such breach or threatened breach, including the recovery of damages from the Employee.
10.3. Notwithstanding anything contained in this Section 10 to the contrary, "Confidential Information" shall not include (i) information in the public domain as of the date hereof, (ii) information which enters the public domain hereafter through no fault of Employee, (iii) information created, discovered or developed by Employee independent of his association with Company, provided that such information is supported by accompanying documentation of such independent development. Nothing contained in this Section 10 shall be deemed to preclude the proper use by Employee of Confidential Information in the exercise of his duties hereunder or the disclosure of Confidential Information required by law
Appears in 1 contract
Non-Disclosure of Information. 10.1. (a) Employee acknowledges that by ----------------------------- virtue of his position he will be privy to the Company's confidential information and trade secrets, as they may exist from time to time, and that such confidential information and trade secrets may constitute valuable, special, and unique assets of the Company (hereinafter collectively "Confidential Information"). Accordingly, Employee shall not, during the Term and for a period of five (5) years thereafter, intentionally disclose all or any part of the Confidential Information to any person, firm, corporation, association or any other entity for any reason or purpose whatsoever, nor shall Employee and any other person by, through or with Employee, during the term and for a period of five (5) years thereafter, intentionally make use of any of the Confidential Information for any purpose or for the benefit of any other person or entity, other than Company, under any circumstances.
10.2. (b) Company and Employee agree that a violation of the foregoing covenants will cause irreparable injury to the Company, and that in the event of a breach or threatened breach by Employee of the provisions of this Section 108, Company shall be entitled to an injunction restraining Employee from disclosing, in whole or in part, any Confidential Information, or from rendering any services to any person, firm, corporation, association or other entity to whom any such information, in whole or in part, has been disclosed or is threatened to be disclosed in violation of this Agreement. Nothing herein stated shall be construed as prohibiting the Company from pursuing any other rights and remedies, at law or in equity, available to the Company for such breach or threatened breach, including the recovery of damages from the Employee.
10.3. (c) Notwithstanding anything contained in this Section 10 8 to the contrary, "Confidential Information" shall not include (i) information in the public domain as of the date hereof, (ii) information which enters the public domain hereafter through no fault of the Employee, (iii) information known to the Employee prior to his employment with the Company, or (iv) information created, discovered or developed by the Employee independent of his association with the Company, provided that such information is supported by accompanying documentation of such independent development. Nothing contained in this Section 10 8 shall be deemed to preclude the proper use by the Employee of Confidential Information in the exercise of his duties hereunder or the disclosure of Confidential Information required by law.
Appears in 1 contract
Non-Disclosure of Information. 10.1. (a) Employee acknowledges that by virtue of his position he will be privy to the Company's confidential information and trade secrets, as they may exist from time to time, and that such confidential information and trade secrets may constitute valuable, special, and unique assets of the Company (hereinafter collectively "Confidential Information"). Accordingly, Employee shall not, during the Term and for a period of five (5) years thereafter, intentionally disclose all or any part of the Confidential Information to any person, firm, corporation, association or any other entity for any reason or purpose whatsoever, nor shall Employee and any other person by, through or with Employee, during the term and for a period of five (5) years thereafter, intentionally make use of any of the Confidential Information for any purpose or for the benefit of any other person or entity, other than Company, under any circumstances.
10.2. (b) Company and Employee agree that a violation of the foregoing covenants will cause irreparable injury to the Company, and that in the event of a breach or threatened breach by Employee of the provisions of this Section 108, Company shall be entitled to an injunction restraining Employee from disclosing, in whole or in part, any Confidential Information, or from rendering any services to any person, firm, corporation, association or other entity to whom any such information, in whole or in part, has been disclosed or is threatened to be disclosed in violation of this Agreement. Nothing herein stated shall be construed as prohibiting the Company from pursuing any other rights and remedies, at law or in equity, available to the Company for such breach or threatened breach, including the recovery of damages from the Employee.
10.3. (c) Notwithstanding anything contained in this Section 10 8 to the contrary, "Confidential Information" shall not include (i) information in the public domain as of the date hereof, (ii) information which enters the public domain hereafter through no fault of the Employee, (iii) information known to the Employee prior to his employment with the Company, or (iv) information created, discovered or developed by the Employee independent of his association with the Company, provided that such information is supported by accompanying documentation of such independent development. Nothing contained in this Section 10 8 shall be deemed to preclude the proper use by the Employee of Confidential Information in the exercise of his duties hereunder or the disclosure of Confidential Information required by law.
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Non-Disclosure of Information. 10.1. (a) Employee acknowledges that by ------------------------------- virtue of his position he will be privy to the Company's confidential information and trade secrets, as they may exist from time to time, and that such confidential information and trade secrets may constitute valuable, special, and unique assets of the Company (hereinafter collectively "Confidential Information"). Accordingly, Employee shall not, during the Term and for a period of five (5) years thereafter, intentionally disclose all or any part of the Confidential Information to any person, firm, corporation, association or any other entity for any reason or purpose whatsoever, nor shall Employee and any other person by, through or with Employee, during the term and for a period of five (5) years thereafter, intentionally make use of any of the Confidential Information for any purpose or for the benefit of any other person or entity, other than Company, under any circumstances.
10.2. (b) Company and Employee agree that a violation of the foregoing covenants will cause irreparable injury to the Company, and that in the event of a breach or threatened breach by Employee of the provisions of this Section 108, Company shall be entitled to an injunction restraining Employee from disclosing, in whole or in part, any Confidential Information, or from rendering any services to any person, firm, corporation, association or other entity to whom any such information, in whole or in part, has been disclosed or is threatened to be disclosed in violation of this Agreement. Nothing herein stated shall be construed as prohibiting the Company from pursuing any other rights and remedies, at law or in equity, available to the Company for such breach or threatened breach, including the recovery of damages from the Employee.
10.3. (c) Notwithstanding anything contained in this Section 10 8 to the contrary, "Confidential Information" shall not include (i) information in the public domain as of the date hereof, (ii) information which enters the public domain hereafter through no fault of the Employee, (iii) information known to the Employee prior to his employment with the Company, or (iv) information created, discovered or developed by the Employee independent of his association with the Company, provided that such information is supported by accompanying documentation of such independent development. Nothing contained in this Section 10 8 shall be deemed to preclude the proper use by the Employee of Confidential Information in the exercise of his duties hereunder or the disclosure of Confidential Information required by law.
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Non-Disclosure of Information. 10.1. Employee Executive acknowledges that by virtue of his position he will be privy to Company's confidential information and trade secrets, as they may exist from time to time, and that such confidential information and trade secrets may constitute valuable, special, and unique assets of Company (hereinafter collectively "Confidential Information"). Accordingly, Employee Executive shall not, during the Term and for a period of five (5) years thereafter, intentionally disclose all or any part of the Confidential Information to any person, firm, corporation, association or any other entity for any reason or purpose whatsoever, nor shall Employee Executive and any other person by, through or with EmployeeExecutive, during the term and for a period of five (5) years thereafter, intentionally make use of any of the Confidential Information for any purpose or for the benefit of any other person or entity, other than Company, under any circumstances.
10.2. Company and Employee Executive agree that a violation of the foregoing covenants will cause irreparable injury to Company, and that in the event of a breach or threatened breach by Employee Executive of the provisions of this Section 10, Company shall be entitled to an injunction restraining Employee Executive from disclosing, in whole or in part, any Confidential Information, or from rendering any services to any person, firm, corporation, association or other entity to whom any such information, in whole or in part, has been disclosed or is threatened to be disclosed in violation of this Agreement. Nothing herein stated shall be construed as prohibiting Company from pursuing any other rights and remedies, at law or in equity, available to Company for such breach or threatened breach, including the recovery of damages from EmployeeExecutive.
10.3. Notwithstanding anything contained in this Section 10 to the contrary, "Confidential Information" shall not include (i) information in the public domain as of the date hereof, (ii) information which enters the public domain hereafter through no fault of EmployeeExecutive, (iii) information created, discovered or developed by Employee Executive independent of his association with Company, provided that such information is supported by accompanying documentation of such independent development. Nothing contained in this Section 10 shall be deemed to preclude the proper use by Employee Executive of Confidential Information in the exercise of his duties hereunder or the disclosure of Confidential Information required by law
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Non-Disclosure of Information. 10.18.1. Employee acknowledges that by virtue of his position he will be privy to the Company's confidential information and trade secrets, as they may exist from time to time, and that such confidential information and trade secrets may constitute valuable, special, and unique assets of the Company (hereinafter collectively "Confidential Information"). Accordingly, Employee shall not, during the Term and for a period of five (5) years thereafter, intentionally disclose all or any part of the Confidential Information to any person, firm, corporation, association or any other entity for any reason or purpose whatsoever, nor shall Employee and any other person by, through or with Employee, during the term and for a period of five (5) years thereafter, intentionally make use of any of the Confidential Information for any purpose or for the benefit of any other person or entity, other than Company, under any circumstances.
10.28.2. Company and Employee agree that a violation of the foregoing covenants will cause irreparable injury to the Company, and that in the event of a breach or threatened breach by Employee of the provisions of this Section 108, Company shall be entitled to an injunction restraining Employee from disclosing, in whole or in part, any Confidential Information, or from rendering any services to any person, firm, corporation, association or other entity to whom any such information, in whole or in part, has been disclosed or is threatened to be disclosed in violation of this Agreement. Nothing herein stated shall be construed as prohibiting the Company from pursuing any other rights and remedies, at law or in equity, available to the Company for such breach or threatened breach, including the recovery of damages from the Employee. In connection with this paragraph's provisions, Employee hereby (i) submits to the jurisdiction of any federal court in New Jersey or any New Jersey state court of general jurisdiction in the county in which Princeton is located, (ii) waives any and all defenses based on inconvenient forum, and (iii) agrees to pay the reasonable fees and disbursements of the Company's legal counsel in connection with obtaining any such injunctive relief.
10.38.3. Notwithstanding anything contained in this Section 10 8 to the contrary, "Confidential contrary"Confidential Information" shall not include (i) information in the public domain as of the date hereof, (ii) information which enters the public domain hereafter through no fault of the Employee, and (iii) information created, discovered or developed by the Employee independent of his association with the Company, provided that such information is supported by accompanying documentation of such independent development. Nothing contained in this Section 10 8 shall be deemed to preclude the proper use by the Employee of Confidential Information in the exercise of his duties hereunder or the disclosure of Confidential Information required by law.
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Non-Disclosure of Information. 10.1. Employee (a) EMPLOYEE recognizes and acknowledges that by virtue that, during the course of his position employment, he will be privy have access to Company's confidential information and trade secretsvaluable "Proprietary Information" as limited in subparagraph (b) below, not only of EMPLOYER but of EMPLOYER’s subsidiary companies, as they may exist constituted from time to time, and that such confidential information and trade secrets may constitute valuable, special, and constitutes unique assets of Company (hereinafter collectively "Confidential Information")the business of EMPLOYER and of which EMPLOYER and/or its subsidiaries is the sole and exclusive owner. Accordingly, Employee shall EMPLOYEE will treat such Proprietary Information on a confidential basis and will not, during the Term and for a period of five (5) years thereafteror after his employment, intentionally personally use or disclose all all, or any part of the Confidential of, such Proprietary Information to any person, firm, corporation, association association, agency, or any other entity for any reason or purpose whatsoever, nor shall Employee and any other person by, through or with Employee, during except as properly required in the term and for a period of five (5) years thereafter, intentionally make use of any conduct of the Confidential business of EMPLOYER or of its subsidiaries, or except as authorized in writing by EMPLOYER, publish, disclose or authorize anyone else to publish or disclose, any Proprietary Information for of EMPLOYER with which EMPLOYEE's service may in any purpose way acquaint EMPLOYEE. EMPLOYEE shall surrender possession of all Proprietary Information, including especially all Trade Secrets, to EMPLOYER upon any suspension or for termination of EMPLOYEE's employment with the benefit of any other person or entity, other than Company, under any circumstances.
10.2EMPLOYER. Company and Employee agree that a violation of the foregoing covenants will cause irreparable injury to Company, and that in In the event of a breach breach, or threatened breach breach, by Employee EMPLOYEE, of the provisions of this Section 10Paragraph, Company EMPLOYER shall be entitled to an a preliminary, temporary and permanent injunction restraining Employee EMPLOYEE from disclosing, disclosing in whole or in part, any Confidential Information, or such Proprietary Information and/or from rendering any services to any person, firm, corporation, association association, agency, or other entity to whom any such information, in whole or in part, has been disclosed or is threatened to be disclosed in violation of this Agreementdisclosed. Nothing Furthermore, nothing herein stated shall be construed as prohibiting Company EMPLOYER from pursuing any other rights and remedies, at law equitable or in equity, legal remedies available to Company it for such breach or threatened breach, including the recovery of damages from EmployeeEMPLOYEE.
10.3. Notwithstanding anything contained in this Section 10 to the contrary(b) For purposes hereof, "Confidential Proprietary Information" shall not include information which (i) information is publicly available from a source other than EMPLOYER or can be lawfully obtained from a third party or parties in the public domain as of the date hereoflawful possession thereof, or (ii) information which enters the public domain hereafter through no fault of Employeeis publicly released in writing by EMPLOYER, or (iii) information created, discovered is required to be disclosed pursuant to the authority of any court or developed by Employee independent of his association with Company, provided that such information is supported by accompanying documentation of such independent development. Nothing contained in this Section 10 shall be deemed to preclude the proper use by Employee of Confidential Information in the exercise of his duties hereunder or the disclosure of Confidential Information required by lawpublic agency.
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Non-Disclosure of Information. 10.18.1. Employee acknowledges that by virtue of his position he will be privy to the Company's confidential information and trade secrets, as they may exist from time to time, and that such confidential information and trade secrets may constitute valuable, special, and unique assets of the Company (hereinafter collectively "Confidential Information"). Accordingly, Employee shall not, during the Term and for a period of five (5) years thereafter, intentionally disclose all or any part of the Confidential Information to any person, firm, corporation, association or any other entity for any reason or purpose whatsoever, nor shall Employee and any other person by, through or with Employee, during the term and for a period of five (5) years thereafter, intentionally make use of any of the Confidential Information for any purpose or for the benefit of any other person or entity, other than Company, under any circumstances.
10.28.2. Company and Employee agree that a violation of the foregoing covenants will cause irreparable injury to the Company, and that in the event of a breach or threatened breach by Employee of the provisions of this Section 108, Company shall be entitled to an injunction restraining Employee from disclosing, in whole or in part, any Confidential Information, or from rendering any services to any person, firm, corporation, association or other entity to whom any such information, in whole or in part, has been disclosed or is threatened to be disclosed in violation of this Agreement. Nothing herein stated shall be construed as prohibiting the Company from pursuing any other rights and remedies, at law or in equity, available to the Company for such breach or threatened breach, including the recovery of damages from the Employee. In connection with this paragraph's provisions, Employee hereby (i) submits to the jurisdiction of any federal court in New Jersey or any New Jersey state court of general jurisdiction in the county in which Princeton is located, (ii) waives any and all defenses based on inconvenient forum, and (iii) agrees to pay the reasonable fees and disbursements of the Company's legal counsel in connection with obtaining any such injunctive relief.
10.38.3. Notwithstanding anything contained in this Section 10 8 to the contrary, "Confidential Information" shall not include (i) information in the public domain as of the date hereof, (ii) information which enters the public domain hereafter through no fault of the Employee, (iii) information created, discovered or developed by the Employee independent of his association with the Company, provided that such information is supported by accompanying documentation of such independent development. Nothing contained in this Section 10 8 shall be deemed to preclude the proper use by the Employee of Confidential Information in the exercise of his duties hereunder or the disclosure of Confidential Information required by law. The provisions of Section 8.1, 8.2 and 8.3 shall also apply to Xxxxxxx X. Case, as consultant.
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Non-Disclosure of Information. 10.1. Employee acknowledges that by virtue of his position he will be privy to the Company's confidential information trade secrets including, but not limited to, Company's customers list and trade secretsprivate processes, as they may exist or as Company may determine from time to time, and that such confidential information and trade secrets may constitute are valuable, special, and unique assets of Company's business and constitute confidential information and trade secrets of Company (hereinafter hereafter collectively "Confidential Information"). Accordingly, Employee shall not, during the Term and for a period of five two (52) years thereafter, intentionally disclose all or any part of the Confidential Information to any person, firm, corporation, association or any other entity for any reason or purpose whatsoever, nor shall Employee and any other person by, through or with Employee, during the term Term and for a period of five two (52) years thereafter, intentionally make use of any of the Confidential Information for any purpose or for the benefit of any other person or entity, other than Company, under any circumstances.
10.2. Company and Employee agree that a violation of the foregoing covenants will cause irreparable injury to the Company, and that in the event of a breach or threatened breach by the Employee of the provisions of this Section 109, Company shall be entitled to an injunction restraining Employee from disclosinginjunction. The foregoing to the contrary notwithstanding, in whole or in part, any Confidential Information, or from rendering any services to any person, firm, corporation, association or other entity to whom any such no information, in whole written or in partoral, has been disclosed or is threatened to be disclosed in violation of this Agreement. Nothing herein stated shall be construed as prohibiting Company from pursuing any other rights and remedies, at law or in equity, available to Company for such breach or threatened breach, including the recovery of damages from Employee.
10.3. Notwithstanding anything contained in this Section 10 to the contrary, considered "Confidential Information" shall not include and thereby subject to the restrictions of this Section 9 if such information was (i) generally available to the public other than as a result of a disclosure by the Employee or anyone to whom the Employee transmits the information in the public domain as of the date violation hereof, (ii) information which enters in the public domain hereafter through no fault possession of Employeethe Employee or known to him on a non-confidential basis prior to its disclosure to him, (iii) information createdavailable to the Employee on a non-confidential basis from a source other than Unidigital who is not bound by a confidentiality agreement with Unidigital, discovered or developed (iv) available in trade publications, reference books or other resources and which may be compiled by Employee independent any person desirous of his association with Company, provided that preparing a report or memorandum containing such information is supported by accompanying documentation of such independent development. Nothing contained in this Section 10 shall be deemed to preclude the proper use by Employee of Confidential Information in the exercise of his duties hereunder or the disclosure of Confidential Information required by lawinformation.
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Non-Disclosure of Information. 10.1. Employee 10.1 Executive acknowledges that by virtue of his position he will be privy to Company's confidential information and trade secrets, as they may exist from time to time, and that such confidential information and trade secrets may constitute valuable, special, and unique assets of Company (hereinafter collectively "Confidential Information"). Accordingly, Employee Executive shall not, during the Term and for a period of five (5) years thereafter, intentionally disclose all or any part of the Confidential Information to any person, firm, corporation, association or any other entity for any reason or purpose whatsoever, nor shall Employee Executive and any other person by, through or with EmployeeExecutive, during the term and for a period of five (5) years thereafter, intentionally make use of any of the Confidential Information for any purpose or for the benefit of any other person or entity, other than Company, under any circumstances.
10.2. 10.2 Company and Employee Executive agree that a violation of the foregoing covenants will cause irreparable injury to Company, and that in the event of a breach or threatened breach by Employee Executive of the provisions of this Section 10, Company shall be entitled to an injunction restraining Employee Executive from disclosing, in whole or in part, any Confidential Information, or from rendering any services to any person, firm, corporation, association or other entity to whom any such information, in whole or in part, has been disclosed or is threatened to be disclosed in violation of this Agreement. Nothing herein stated shall be construed as prohibiting Company from pursuing any other rights and remedies, at law or in equity, available to Company for such breach or threatened breach, including the recovery of damages from EmployeeExecutive.
10.3. 10.3 Notwithstanding anything contained in this Section 10 to the contrary, "Confidential Information" shall not include (i) information in the public domain as of the date hereof, (ii) information which enters the public domain hereafter through no fault of EmployeeExecutive, (iii) information created, discovered or developed by Employee Executive independent of his association with Company, provided that such information is supported by accompanying documentation of such independent development. Nothing contained in this Section 10 shall be deemed to preclude the proper use by Employee Executive of Confidential Information in the exercise of his duties hereunder or the disclosure of Confidential Information required by law
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