Common use of Nondisclosure and Nonuse of Confidential Information Clause in Contracts

Nondisclosure and Nonuse of Confidential Information. (a) Employee will not disclose or use at any time, either during the Term of Employment or thereafter, any Confidential Information (as defined below) of which Employee is or becomes aware, whether or not such information is developed by him, except to the extent that such disclosure or use is directly related to and required by Employee’s performance in good faith of duties assigned to Employee by the Company. Employee will take all appropriate steps to safeguard Confidential Information and to protect it against disclosure, misuse, espionage, loss and theft. Employee shall deliver to the Company at the termination of the Term of Employment, or at any time the Company may request, all memoranda, notes, plans, records, reports, disks, computer tapes and software and other documents and data (and copies thereof, regardless of the form thereof, including electronic copies) relating to the Confidential Information or the Work Product (as defined below) of the business of the Company or any of the Company’s Affiliates, which Employee may then possess or have under his control. (b) As used in this Agreement, the term “Confidential Information” means confidential, proprietary, trade secret, proprietary, scientific, technical, business or financial information that is not generally known to the public and that is used, developed or obtained by the Company or any Affiliate, in connection with their respective businesses, including, but not limited to, information, observations and data obtained or learned by Employee while employed by the Company or any of its Affiliates (including those obtained or learned prior to the date of this Agreement) concerning (i) the business or affairs of the Company or any Affiliate, (ii) products or services, (iii) geologic data, (iv) seismic data, (v) analyses, (vi) drawings, photographs and reports, (vii) computer software, including operating systems, applications and program listings, (viii) flow charts, manuals and documentation, (ix) data bases, (x) accounting and business methods, (xi) inventions, devices, new developments, methods and processes, whether patentable or unpatentable and whether or not reduced to practice, (xii) customers, clients, suppliers and subcontractors and customer, client, supplier and subcontractor lists, (xiii) other copyrightable works, (xiv) all drilling methods, processes, technology and trade secrets, (xv) business strategies, acquisition plans and target properties, financial or other performance data and personnel lists and data, and (xvi) all similar and related information in whatever form. All such Confidential Information is extremely valuable and is intended to be kept secret to the Company and its clients and customers, is the sole and exclusive property of the Company or its clients and customers, and is subject to the restrictive covenants set forth herein. Notwithstanding anything to the contrary contained herein, Employee shall not be required to maintain as confidential any information or material which: (i) is now, or hereafter becomes, through no act or failure to act on the part of Employee which would constitute a breach of this Section 11, generally known or available to the public; (ii) is furnished to Employee by a third party who, to the knowledge of Employee, is not under obligations of confidentiality to the Company or any of its Affiliates, without restriction on disclosure; (iii) is disclosed with the written approval of the Company; (iv) is required to be disclosed by law, court order, or similar compulsion; provided, however, that such disclosure shall be limited to the extent so required or compelled; and provided, further, that Employee shall give the Company notice of such disclosure and cooperate (without cost to Employee) with the Company in seeking suitable protection; or (v) is disclosed pursuant to or in connection with any legal proceeding involving Employee and/or the Company or any Affiliate thereof.

Nondisclosure and Nonuse of Confidential Information. (a) Employee will The Executive shall not disclose or use at any time, either during the Term of Employment Period or thereafter, any Confidential Information (as defined belowhereinafter defined) of which Employee the Executive is or becomes aware, whether or not such information is developed by him, except to the extent that such disclosure or use is directly related to and required by Employeethe Executive’s performance in good faith of duties assigned to Employee the Executive by the Company. Employee The Executive will take all appropriate steps to safeguard Confidential Information in his possession and to protect it against disclosure, misuse, espionage, loss and theft. Employee The Executive shall deliver to the Company at upon the termination Date of the Term of EmploymentTermination, or at any time the Company may request, all memoranda, notes, plans, records, reports, disks, computer tapes and software and other documents and data (and copies thereof, regardless of the form thereof, including electronic copies) relating to the Confidential Information or the Work Product (as defined belowhereinafter defined) of the business of the Company or any of its affiliates which the Company’s Affiliates, which Employee Executive may then possess or have under his control. (b) As used in this Agreement, the term “Confidential Information” means confidential, proprietary, trade secret, proprietary, scientific, technical, business or financial information that is not generally known to the public (except for information known to the public because of the Executive’s violation of this Section 5) and that is used, developed or obtained by the Company or any Affiliate, (including its affiliates) in connection with their respective businessesits business, including, but not limited to, information, observations and data obtained or learned by Employee the Executive while employed by the Company or any of its Affiliates predecessors thereof (including those obtained or learned prior to the date of this Agreement) concerning (i) the business or affairs of the Company (or any Affiliatesuch predecessors), (ii) products or services, (iii) geologic datafees, costs and pricing structures, (iv) seismic datadesigns, (v) analyses, (vi) drawings, photographs and reports, (vii) computer software, including operating systems, applications and program listings, (viii) flow charts, manuals and documentation, (ix) data bases, (x) accounting and business methods, (xi) inventions, devices, new developments, methods and processes, whether patentable or unpatentable and whether or not reduced to practice, (xii) customers, clients, suppliers customers and subcontractors clients and customer, client, supplier and subcontractor customer or client lists, (xiii) other copyrightable works, (xiv) all drilling production methods, processes, technology and trade secrets, and (xv) business strategies, acquisition plans and target properties, financial or other performance data and personnel lists and data, and (xvi) all similar and related information in whatever form. All such Confidential Information is extremely valuable and is intended to be kept secret to the Company and its clients and customers, is the sole and exclusive property of the Company or its clients and customers, and is subject to the restrictive covenants set forth herein. Notwithstanding anything to the contrary contained herein, Employee shall will not be required to maintain as confidential include any information or material which: (i) is now, or hereafter becomes, through no act or failure to act on the part of Employee which would constitute that has been published in a breach of this Section 11, form generally known or available to the public; (ii) is furnished to Employee by a third party who, public prior to the knowledge of Employee, is date the Executive proposes to disclose or use such information. Confidential Information will not under obligations of confidentiality be deemed to the Company have been published or any of its Affiliates, without restriction on disclosure; (iii) is otherwise disclosed with the written approval merely because individual portions of the Company; (iv) is required to be disclosed by lawinformation have been separately published, court order, or similar compulsion; provided, however, that but only if all material features comprising such disclosure shall be limited to the extent so required or compelled; and provided, further, that Employee shall give the Company notice of such disclosure and cooperate (without cost to Employee) with the Company information have been published in seeking suitable protection; or (v) is disclosed pursuant to or in connection with any legal proceeding involving Employee and/or the Company or any Affiliate thereofcombination.

Nondisclosure and Nonuse of Confidential Information. (a) Employee The Executive will not disclose or use at any time, either during the Term term of the Executive's employment (the "Employment Period") or thereafter, any Confidential Information (as defined belowhereinafter defined) of which Employee the Executive is or becomes aware, whether or not such information is developed by him, except to the extent that such disclosure or use is directly related to and required by Employee’s the Executive's performance in good faith of duties assigned to Employee the Executive by the Company. Employee The Executive will take all appropriate steps to safeguard Confidential Information and to protect it against disclosure, misuse, espionage, loss and theft. Employee The Executive shall deliver to the Company at the termination of the Term of EmploymentEmployment Period, or at any time the Company may request, all memoranda, notes, plans, records, reports, disks, computer tapes and software and other documents and data (and copies thereof, regardless of the form thereof, including electronic copies) relating to the Confidential Information or the Work Product (as defined belowhereinafter defined) of the business of the Company or any of its Affiliates which the Company’s Affiliates, which Employee Executive may then possess or have under his or her control. (b) As used in this Agreement, the term “"Confidential Information” " means confidential, proprietary, trade secret, proprietary, scientific, technical, business or financial information that is not generally known to the public and that is used, developed or obtained by the Company or any Affiliate, in connection with their respective businessesits business, including, but not limited to, information, observations and data obtained or learned by Employee the Executive while employed by the Company or any of its Affiliates predecessors thereof (including those obtained or learned prior to the date of this Agreement) concerning (i) the business or affairs of the Company (or any Affiliatesuch predecessors), (ii) products or services, (iii) geologic datafees, costs and pricing structures, (iv) seismic datadesigns, (v) analyses, (vi) drawings, photographs and reports, (vii) computer software, including operating systems, applications and program listings, (viii) flow charts, manuals and documentation, (ix) data bases, (x) accounting and business methods, (xi) inventions, devices, new developments, methods and processes, whether patentable or unpatentable and whether or not reduced to practice, (xii) customers, clients, suppliers customers and subcontractors clients and customer, client, supplier and subcontractor customer or client lists, (xiii) other copyrightable works, (xiv) all drilling production methods, processes, technology and trade secrets, and (xv) business strategies, acquisition plans and target properties, financial or other performance data and personnel lists and data, and (xvi) all similar and related information in whatever form. All such Confidential Information is extremely valuable and is intended to be kept secret to the Company and its clients and customers, is the sole and exclusive property of the Company or its clients and customers, and is subject to the restrictive covenants set forth herein. Notwithstanding anything to the contrary contained herein, Employee shall will not be required to maintain as confidential include any information or material which: (i) is now, or hereafter becomes, through no act or failure to act on the part of Employee which would constitute that has been published in a breach of this Section 11, form generally known or available to the public; (ii) is furnished to Employee by a third party who, public prior to the knowledge of Employee, is date the Executive proposes to disclose or use such information. Confidential Information will not under obligations of confidentiality be deemed to the Company or any of its Affiliates, without restriction on disclosure; (iii) is disclosed with the written approval have been published merely because individual portions of the Company; (iv) is required to be disclosed by lawinformation have been separately published, court order, or similar compulsion; provided, however, that but only if all material features comprising such disclosure shall be limited to the extent so required or compelled; and provided, further, that Employee shall give the Company notice of such disclosure and cooperate (without cost to Employee) with the Company information have been published in seeking suitable protection; or (v) is disclosed pursuant to or in connection with any legal proceeding involving Employee and/or the Company or any Affiliate thereofcombination.

Nondisclosure and Nonuse of Confidential Information. (a) Employee will The Executive shall not disclose or use at any time, either during the Term of Employment Period or thereafter, any Confidential Information (as defined below) of which Employee the Executive is or becomes aware, whether or not such information is developed by him, except to the extent that such disclosure or use is directly related to and required by Employeethe Executive’s performance in good faith of duties assigned to Employee the Executive by the CompanyCompany or is required to be disclosed by law, court order, or similar compulsion; provided, however, that such disclosure shall be limited to the extent so required or compelled; and provided, further, that the Executive shall give the Company notice of such disclosure and cooperate with the Company in seeking suitable protection. Employee will The Executive shall take all reasonably appropriate steps to safeguard Confidential Information within their control and to protect it such Confidential Information against disclosure, misuse, espionage, loss and theft. Employee Upon the Company’s request, the Executive shall deliver to the Company at on the termination of the Term of EmploymentTermination Date, or at any time the Company may request, all memoranda, notes, plans, records, reports, disks, computer tapes and software and other documents and data (and copies thereof, thereof regardless of the form thereof, thereof (including electronic and optical copies)) relating to the Confidential Information or the Work Product (as defined below) of the business of the Company or any of its Affiliates which the Company’s Affiliates, which Employee Executive may then possess or have under his their control. (b) As used in this Agreement, the term “Confidential Information” means confidential, proprietary, trade secret, proprietary, scientific, technical, business or financial information that is not generally known to the public and that is used, developed or obtained by the Company or any Affiliate, Affiliate in connection with their respective businessesits business, including, but not limited to, information, observations and data obtained or learned by Employee the Executive while employed by the Company or any of its Affiliates predecessors thereof (including those obtained or learned prior to the date of this Agreementhereof) concerning the Company’s or any Affiliate’s (i) the business or affairs of the Company or any Affiliateaffairs, (ii) products or services, (iii) geologic datafees, costs and pricing structures, (iv) seismic datadesigns, (v) analyses, (vi) drawings, photographs and reports, (vii) computer software, including operating systems, applications and program listings, (viii) flow charts, manuals and documentation, (ix) data bases, (x) accounting and business methods, (xi) inventions, devices, new developments, methods and processes, whether patentable or unpatentable and whether or not reduced to practice, (xii) customers, clients, suppliers and subcontractors publishers and customer, client, supplier and subcontractor publisher lists, (xiii) other copyrightable works, (xiv) all drilling production methods, processes, technology and trade secrets, (xv) business strategies, acquisition plans and target propertiescandidates, financial or other performance data and personnel lists and data, and (xvi) all similar and related information in whatever form. All such Confidential Information is extremely valuable and is intended to be kept secret shall not include any information that has been published in a form generally available to the Company and its clients and customers, is the sole and exclusive property of the Company or its clients and customers, and is subject public prior to the restrictive covenants set forth hereindate the Executive proposes to disclose or use such information. Notwithstanding anything to the contrary contained herein, Employee Confidential Information shall not be required deemed to maintain as confidential any information or material which: (i) is now, or hereafter becomes, through no act or failure to act on the part of Employee which would constitute a breach of this Section 11, generally known or available to the public; (ii) is furnished to Employee by a third party who, to the knowledge of Employee, is not under obligations of confidentiality to the Company or any of its Affiliates, without restriction on disclosure; (iii) is disclosed with the written approval have been published merely because individual portions of the Company; (iv) is required to be disclosed by lawinformation have been separately published, court order, or similar compulsion; provided, however, that but only if all material features comprising such disclosure shall be limited to the extent so required or compelled; and provided, further, that Employee shall give the Company notice of such disclosure and cooperate (without cost to Employee) with the Company information have been published in seeking suitable protection; or (v) is disclosed pursuant to or in connection with any legal proceeding involving Employee and/or the Company or any Affiliate thereofcombination.

Nondisclosure and Nonuse of Confidential Information. (a) Employee will not disclose or use at any time, either during the Term of Employment or thereafter, any Confidential Information (as defined below) of which Employee is or becomes aware, whether or not such information is developed by him, except to the extent that such disclosure or use is directly related to and required by Employee’s performance in good faith of duties assigned to Employee by the Company. Employee will take all appropriate steps to safeguard Confidential Information and to protect it against disclosure, misuse, espionage, loss and theft. Employee shall deliver to the Company at the termination of the Term of EmploymentTerm, or at any time the Company may request, all memoranda, notes, plans, records, reports, disks, computer tapes and software and other documents and data (and copies thereof, regardless of the form thereof, including electronic copies) relating to the Confidential Information or the Work Product (as defined below) of the business of the Company or any of the Company’s Affiliates, which Employee may then possess or have under his control. (b) As used in this Agreement, the term “Confidential Information” means confidential, proprietary, trade secret, proprietary, scientific, technical, business or financial information that is not generally known to the public and that is used, developed or obtained by the Company or any Affiliate, in connection with their respective businesses, including, but not limited to, information, observations and data obtained or learned by Employee while employed by the Company or any of its Affiliates (including those obtained or learned prior to the date of this Agreement) concerning (i) the business or affairs of the Company or any Affiliate, (ii) products or services, (iii) geologic data, (iv) seismic data, (v) analyses, (vi) drawings, photographs and reports, (vii) computer software, including operating systems, applications and program listings, (viii) flow charts, manuals and documentation, (ix) data bases, (x) accounting and business methods, (xi) inventions, devices, new developments, methods and processes, whether patentable or unpatentable and whether or not reduced to practice, (xii) customers, clients, suppliers and subcontractors and customer, client, supplier and subcontractor lists, (xiii) other copyrightable works, (xiv) all drilling methods, processes, technology and trade secrets, (xv) business strategies, acquisition plans and target properties, financial or other performance data and personnel lists and data, and (xvi) all similar and related information in whatever form. All such Confidential Information is extremely valuable and is intended to be kept secret to the Company and its clients and customers, is the sole and exclusive property of the Company or its clients and customers, and is subject to the restrictive covenants set forth herein. Notwithstanding anything to the contrary contained herein, Employee shall not be required to maintain as confidential any information or material which: (i) is now, or hereafter becomes, through no act or failure to act on the part of Employee which would constitute a breach of this Section 11, generally known or available to the public; (ii) is furnished to Employee by a third party who, to the knowledge of Employee, is not under obligations of confidentiality to the Company or any of its Affiliates, without restriction on disclosure; (iii) is disclosed with the written approval of the Company; (iv) is required to be disclosed by law, court order, or similar compulsion; provided, however, that such disclosure shall be limited to the extent so required or compelled; and provided, further, that Employee shall give the Company notice of such disclosure and cooperate (without cost to Employee) with the Company in seeking suitable protection; or (v) is disclosed pursuant to or in connection with any legal proceeding involving Employee and/or the Company or any Affiliate thereof.

Nondisclosure and Nonuse of Confidential Information. (a) Employee will not disclose or use at any time, either during the Term of Employment or thereafter, any Confidential Information (as defined below) of which Employee is or becomes aware, whether or not such information is developed by him, except to the extent that such disclosure or use is directly related to and required by Employee’s performance in good faith of duties assigned to Employee by the Company. Employee will take all appropriate steps to safeguard Confidential Information and to protect it against disclosure, misuse, espionage, loss and theft. Employee shall deliver to the Company at the termination of the Term of EmploymentTerm, or at any time the Company may request, all memoranda, notes, plans, records, reports, disks, computer tapes and software and other documents and data (and copies thereof, regardless of the form thereof, including electronic copies) relating to the Confidential Information or the Work Product (as defined below) of the business of the Company or any of the Company’s Affiliates, which Employee may then possess or have under his control. (b) As used in this Agreement, the term “Confidential Information” means confidential, proprietary, trade secret, proprietary, scientific, technical, business or financial information that is not generally known to the public and that is used, developed or obtained by the Company or any Affiliate, in connection with their respective businesses, including, but not limited to, information, observations and data obtained or learned by Employee while employed by the Company or any of its Affiliates (including those obtained or learned prior to the date of this Agreement) concerning (i) the business or affairs of the Company or any Affiliate, (ii) products or services, (iii) geologic data, (iv) seismic data, (v) analyses, (vi) drawings, photographs and reports, (vii) computer software, including operating systems, applications and program listings, (viii) flow charts, manuals and documentation, (ix) data bases, (x) accounting and business methods, (xi) inventions, devices, new developments, methods and processes, whether patentable or unpatentable and whether or not reduced to practice, (xii) customers, clients, suppliers and subcontractors and customer, client, supplier and subcontractor lists, (xiii) other copyrightable works, (xiv) all drilling methods, processes, technology and trade secrets, (xv) business strategies, acquisition plans and target properties, financial or other performance data and personnel lists and data, and (xvi) all similar and related information in whatever form. All such Confidential Information is extremely valuable and is intended to be kept secret to the Company and its clients and customers, is the sole and exclusive property of the Company or its clients and customers, and is subject to the restrictive covenants set forth herein. Notwithstanding anything to the contrary contained herein, Employee shall not be required to maintain as confidential any information or material which: (i) is now, or hereafter becomes, through no act or failure to act on the part of Employee which would constitute a breach of this Section 11, generally known or available to the public; (ii) is furnished to Employee by a third party who, to the knowledge of Employee, is not under obligations of confidentiality to the Company or any of its Affiliates, without restriction on disclosure; (iii) is disclosed with the written approval of the Company; (iv) is required to be disclosed by law, court order, or similar compulsion; provided, however, that such disclosure shall be limited to the extent so required or compelled; and provided, further, that Employee shall give the Company notice of such disclosure and cooperate (without cost to Employee) with the Company in seeking suitable protection; or (v) is disclosed pursuant to or in connection with any legal proceeding involving Employee and/or the Company or any Affiliate thereof.

Nondisclosure and Nonuse of Confidential Information. (a) Employee will The Executive shall not disclose or use at any time, either during the Term of Employment Period or thereafter, any Confidential Information (as defined belowhereinafter defined) of which Employee the Executive is or becomes aware, whether or not such information is developed by him, except to the extent that such disclosure or use is directly related to and required by Employeethe Executive’s performance in good faith of duties assigned to Employee the Executive by the Company. Employee The Executive will take all appropriate steps to safeguard Confidential Information in his possession and to protect it against disclosure, misuse, espionage, loss and theft. Employee The Executive shall deliver to the Company at upon the termination Date of the Term of EmploymentTermination, or at any time the Company may request, all memoranda, notes, plans, records, reports, disks, computer tapes and software and other documents and data (and copies thereof, regardless of the form thereof, including electronic copies) relating to the Confidential Information or the Work Product (as defined belowhereinafter defined) of the business of the Company or any of its affiliates which the Company’s Affiliates, which Employee Executive may then possess or have under his control. (b) As used in this Agreement, the term “Confidential Information” means confidential, proprietary, trade secret, proprietary, scientific, technical, business or financial information that is not generally known to the public (except for information known to the public because of the Executive’s violation of this Section 5) and that is used, developed or obtained by the Company or any Affiliate, (including its affiliates) in connection with their respective businessesits business, including, but not limited to, information, observations and data obtained or learned by Employee the Executive while employed by the Company or any of its Affiliates predecessors thereof (including those obtained or learned prior to the date of this Agreement) concerning the Company’s (or such predecessors) (i) the business or affairs of the Company or any Affiliateaffairs, (ii) products or services, (iii) geologic datafees, costs and pricing structures, (iv) seismic datadesigns, (v) analyses, (vi) drawings, photographs and reports, (vii) computer software, including operating systems, applications and program listings, (viii) flow charts, manuals and documentation, (ix) data bases, (x) accounting and business methods, (xi) inventions, devices, new developments, methods and processes, whether patentable or unpatentable and whether or not reduced to practice, (xii) customers, clients, suppliers customers and subcontractors clients and customer, client, supplier and subcontractor customer or client lists, (xiii) other copyrightable works, (xiv) all drilling production methods, processes, technology and trade secrets, and (xv) business strategies, acquisition plans and target properties, financial or other performance data and personnel lists and data, and (xvi) all similar and related information in whatever form. All such Confidential Information is extremely valuable and is intended to be kept secret to the Company and its clients and customers, is the sole and exclusive property of the Company or its clients and customers, and is subject to the restrictive covenants set forth herein. Notwithstanding anything to the contrary contained herein, Employee shall will not be required to maintain as confidential include any information or material which: (i) is now, or hereafter becomes, through no act or failure to act on the part of Employee which would constitute that has been published in a breach of this Section 11, form generally known or available to the public; (ii) is furnished to Employee by a third party who, public prior to the knowledge of Employee, is date the Executive proposes to disclose or use such information. Confidential Information will not under obligations of confidentiality be deemed to the Company have been published or any of its Affiliates, without restriction on disclosure; (iii) is otherwise disclosed with the written approval merely because individual portions of the Company; (iv) is required to be disclosed by lawinformation have been separately published, court order, or similar compulsion; provided, however, that but only if all material features comprising such disclosure shall be limited to the extent so required or compelled; and provided, further, that Employee shall give the Company notice of such disclosure and cooperate (without cost to Employee) with the Company information have been published in seeking suitable protection; or (v) is disclosed pursuant to or in connection with any legal proceeding involving Employee and/or the Company or any Affiliate thereofcombination.

Nondisclosure and Nonuse of Confidential Information. (a) Employee will The EXECUTIVE shall not disclose or use at any time, either during the Term of Employment or thereafter, time any Confidential Information (as defined below) of which Employee the EXECUTIVE is or becomes aware, whether or not such information is developed by him, except to the extent that such disclosure or use is directly related to and required by Employee’s the EXECUTIVE'S performance in good faith of duties assigned to Employee the EXECUTIVE by the CompanyCompany or is required to be disclosed by law, court order, or similar compulsion; provided, however, that such disclosure shall be limited to the extent so required or compelled; and provided, further, that the EXECUTIVE shall give the Company notice of such disclosure and cooperate with the Company in seeking suitable protection. Employee will take all appropriate steps to safeguard Confidential Information and to protect it against disclosure, misuse, espionage, loss and theft. Employee The EXECUTIVE shall deliver to the Company at on the termination of the Term of EmploymentTermination Date, or at any time the Company may request, all memoranda, notes, plans, records, reports, disks, computer tapes and software and other documents and data (and copies thereof, thereof regardless of the form thereof, thereof (including electronic and optical copies)) relating to the Confidential Information or the Work Product (as defined below) of the business Business of the Company or any of its Affiliates which the Company’s Affiliates, which Employee EXECUTIVE may then possess or have under his control. (b) As used in this Agreement, the term “"Confidential Information” " means confidential, proprietary, trade secret, proprietary, scientific, technical, business or financial information that is not generally known to the public and that is used, developed or obtained by the Company or any Affiliate, Affiliate in connection with their respective businessesits business, including, but not limited to, information, observations and data obtained or learned by Employee the EXECUTIVE while employed by the Company or any of its Affiliates (including those obtained or learned prior to the date of this Agreement) concerning (i) the business or affairs of the Company (or any Affiliatesuch predecessors), (ii) products or services, (iii) geologic datafees, costs and pricing structures, (iv) seismic datadesigns, (v) analyses, (vi) drawings, photographs and reports, (vii) computer software, including operating systems, applications and program listings, (viii) flow charts, manuals and documentation, (ix) data bases, (x) accounting and business methods, (xi) inventions, devices, new developments, methods and processes, whether patentable or unpatentable and whether or not reduced to practice, (xii) customers, clients, suppliers and subcontractors publishers and customer, client, client supplier and subcontractor publisher lists, (xiii) other copyrightable works, (xiv) all drilling production methods, processes, technology and trade secrets, (xv) business strategies, acquisition plans and target propertiescandidates, financial or other performance data and personnel lists and data, and (xvi) all similar and related information in whatever form. All such Confidential Information is extremely valuable and is intended to be kept secret shall not include any information that has been published in a form generally available to the Company and its clients and customers, is the sole and exclusive property of the Company or its clients and customers, and is subject public prior to the restrictive covenants set forth hereindate the EXECUTIVE proposes to disclose or use such information. Notwithstanding anything to the contrary contained herein, Employee Confidential Information shall not be required deemed to maintain as confidential any information or material which: (i) is now, or hereafter becomes, through no act or failure to act on the part of Employee which would constitute a breach of this Section 11, generally known or available to the public; (ii) is furnished to Employee by a third party who, to the knowledge of Employee, is not under obligations of confidentiality to the Company or any of its Affiliates, without restriction on disclosure; (iii) is disclosed with the written approval have been published merely because individual portions of the Company; (iv) is required to be disclosed by lawinformation have been separately published, court order, or similar compulsion; provided, however, that but only if all material features comprising such disclosure shall be limited to the extent so required or compelled; and provided, further, that Employee shall give the Company notice of such disclosure and cooperate (without cost to Employee) with the Company information have been published in seeking suitable protection; or (v) is disclosed pursuant to or in connection with any legal proceeding involving Employee and/or the Company or any Affiliate thereofcombination.

Nondisclosure and Nonuse of Confidential Information. (a) Employee Executive will not disclose or use at any time, either during the Term of Employment or thereafter, any Confidential Information (as defined below) of which Employee Executive is or becomes aware, whether or not such information is developed by him, except to the extent that such disclosure or use is directly related to and required by EmployeeExecutive’s performance in good faith of duties assigned to Employee Executive by the Company. Employee Executive will take all appropriate steps to safeguard Confidential Information and to protect it against disclosure, misuse, espionage, loss and theft. Employee Executive shall deliver to the Company at the termination of the Term of Employment, or at any time the Company may request, all memoranda, notes, plans, records, reports, disks, computer tapes and software and other documents and data (and copies thereof, regardless of the form thereof, including electronic copies) relating to the Confidential Information or the Work Product (as defined below) of the business of the Company or any of the Company’s Affiliates, which Employee Executive may then possess or have under his control. (b) As used in this Agreement, the term “Confidential Information” means confidential, proprietary, trade secret, proprietary, scientific, technical, business or financial information that is not generally known to the public and that is used, developed or obtained by the Company or any Affiliate, in connection with their respective businesses, including, but not limited to, information, observations and data obtained or learned by Employee Executive while employed by the Company or any of its Affiliates (including those obtained or learned prior to the date of this Agreement) concerning (i) the business or affairs of the Company or any Affiliate, (ii) products or services, (iii) geologic data, (iv) seismic data, (v) analyses, (vi) drawings, photographs and reports, (vii) computer software, including operating systems, applications and program listings, (viii) flow charts, manuals and documentation, (ix) data basesdatabases, (x) accounting and business methods, (xi) inventions, devices, new developments, methods and processes, whether patentable or unpatentable and whether or not reduced to practice, (xii) customers, clients, suppliers and subcontractors and customer, client, supplier and subcontractor lists, (xiii) other copyrightable works, (xiv) all drilling methods, processes, technology and trade secrets, (xv) business strategies, acquisition plans and target properties, financial or other performance data and personnel lists and data, and (xvi) all similar and related information in whatever form. All such Confidential Information is extremely valuable and is intended to be kept secret to the Company and its clients and customers, is the sole and exclusive property of the Company or its clients and customers, and is subject to the restrictive covenants set forth herein. Notwithstanding anything to the contrary contained herein, Employee Executive shall not be required to maintain as confidential any information or material which: (i) is now, or hereafter becomes, through no act or failure to act on the part of Employee Executive which would constitute a breach of this Section 1114, generally known or available to the public; (ii) is furnished to Employee Executive by a third party who, to the knowledge of EmployeeExecutive, is not under obligations of confidentiality to the Company or any of its Affiliates, without restriction on disclosure; (iii) is disclosed with the written approval of the Company; (iv) is required to be disclosed by law, court order, or similar compulsion; provided, however, that such disclosure shall be limited to the extent so required or compelled; and provided, provided further, that Employee Executive shall give the Company notice of such disclosure and cooperate (without cost to EmployeeExecutive) with the Company in seeking suitable protection; or (v) is disclosed pursuant to or in connection with any legal proceeding involving Employee Executive and/or the Company or any Affiliate thereof.

Nondisclosure and Nonuse of Confidential Information. (a) Employee The Executive will not disclose to a third party or use for his personal benefit or for the benefit of a third party, at any time, either during the Term of Employment Period or thereafter, any Confidential Information (as defined below) of which Employee the Executive is or becomes aware, whether or not such information is developed by him, except to the extent that such disclosure or use is directly related to and required by Employeethe Executive’s performance in good faith of duties assigned to Employee the Executive by the CompanyCompany or as required by law or as necessary for Executive to enforce his rights hereunder. Employee The Executive will take all reasonable and appropriate steps to safeguard Confidential Information and to protect it against disclosure, misuse, espionage, loss and theft. Employee The Executive shall deliver to the Company at the termination of the Term of Employment, Employment Period or at any time the Company may request, request all memoranda, notes, plans, records, reports, disks, computer tapes and software and other documents and data (and copies thereof, regardless of the form thereof, including electronic copies) relating to the Confidential Information or the Information, Work Product (as defined below) of or the business of the Company or any of its Subsidiaries which the Company’s Affiliates, which Employee Executive may then possess or have under his control. (b) As used in this Agreement, the term “Confidential Information” means confidential, proprietary, trade secret, proprietary, scientific, technical, business or financial information that is not generally known to the public and that is used, developed or obtained by the Company or any Affiliate, its Subsidiaries in connection with their respective businessesbusiness, including, including but not limited to, to (i) information, observations and data obtained or learned by Employee the Executive while employed by the Company or any of its Affiliates (including those obtained or learned prior to the date of this Agreement) concerning (i) the business or affairs of the Company or any Affiliateits Subsidiaries, (ii) products or services, (iii) geologic datafees, costs and pricing structures, (iv) seismic datadesigns, (v) analyses, (vi) drawings, photographs and reports, (vii) computer software, including operating systems, applications and program listings, (viii) flow charts, manuals and documentation, (ix) data bases, (x) accounting and business methods, (xi) inventions, devices, new developments, methods and processes, whether patentable or unpatentable and whether or not reduced to practice, (xii) customers, clients, suppliers customers and subcontractors clients and customer, client, supplier and subcontractor customer or client lists, (xiii) other copyrightable works, (xiv) all drilling production methods, processes, technology and trade secrets, and (xv) business strategies, acquisition plans and target properties, financial or other performance data and personnel lists and data, and (xvi) all similar and related information in whatever form. All such Confidential Information is extremely valuable and is intended to be kept secret to the Company and its clients and customers, is the sole and exclusive property of the Company or its clients and customers, and is subject to the restrictive covenants set forth herein. Notwithstanding anything to the contrary contained herein, Employee shall will not be required to maintain as confidential include any information or material which: (i) is now, or hereafter becomes, through no act or failure to act on the part of Employee which would constitute that has been published in a breach of this Section 11, form generally known or available to the public; (ii) is furnished to Employee by a third party who, public prior to the knowledge of Employee, is date the Executive proposes to disclose or use such information. Confidential Information will not under obligations of confidentiality be deemed to the Company or any of its Affiliates, without restriction on disclosure; (iii) is disclosed with the written approval have been published merely because individual portions of the Company; (iv) is required to be disclosed by lawinformation have been separately published, court order, or similar compulsion; provided, however, that but only if all material features comprising such disclosure shall be limited to the extent so required or compelled; and provided, further, that Employee shall give the Company notice of such disclosure and cooperate (without cost to Employee) with the Company information have been published in seeking suitable protection; or (v) is disclosed pursuant to or in connection with any legal proceeding involving Employee and/or the Company or any Affiliate thereofcombination.