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

Nondisclosure and Nonuse of Confidential Information. (a) Executive shall not disclose or use at any time, either during his employment with the Company or thereafter, any Confidential Information (as defined below) of which 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 Executive's performance of duties assigned to Executive by the Company. Executive shall take all appropriate steps to safeguard Confidential Information and to protect it against disclosure, misuse, espionage, loss and theft. (b) As used in this Agreement, the term "Confidential Information" means information that is not generally known to the public and that is used, developed or obtained by the Company in connection with its business, including but not limited to (i) products or services, (ii) fees, costs and pricing structures, (iii) designs, (iv) analysis, (v) drawings, photographs and reports, (vi) computer software, including operating systems, applications and program listings, (vii) flow charts, manuals and documentation, (viii) data bases, (ix) accounting and business methods, (x) inventions, devices, new developments, methods and processes, whether patentable or unpatentable and whether or not reduced to practice, (xi) customers and clients and customer or client lists, (xii) copyrightable works, (xiii) all information comprising the Transferred Property, (xiv) all technology and trade secrets, and (xv) all similar and related information in whatever form. Confidential Information shall not include any information that has been published in the form generally available to the public prior to the date Executive purposes to disclose or use such information. Information shall not be deemed to have been published merely because individual portions of the information have been separately published, but only if all material features comprising such information have been published in combination.

Nondisclosure and Nonuse of Confidential Information. (a) Executive shall not disclose or use at any time, either during his Executive’s employment with the Company or thereafter, any Confidential Information (as defined below) of which Executive is or becomes aware, whether or not such information is developed by himExecutive, except to the extent that such disclosure or use is directly related to and required by Executive's ’s performance of duties assigned to Executive by the Company; provided that nothing herein shall restrict Executive from disseminating personal knowledge gained during the course of Executive’s employment with the Company after the second anniversary of the termination of Executive’s employment with the Company to the extent such personal knowledge is not the property of the Company. Executive shall take all appropriate steps to safeguard Confidential Information and to protect it against disclosure, misuse, espionage, loss and theft. (b) . As used in this Agreement, the term "“Confidential Information" ” is defined by O.C.G.A. §13-8-51(3) and means information that is not generally known to the public and that is used, developed or obtained by the Company in connection with its business, including but not limited to (i) products or services, (ii) fees, costs and pricing structures, (iii) designs, (iv) analysis, (v) drawings, photographs and reports, (vi) computer software, including operating systems, applications and program listings, (vii) flow charts, manuals and documentation, (viii) data bases, (ix) accounting and business methods, (x) inventions, devices, new developments, methods and processes, whether patentable or unpatentable and whether or not reduced to practice, (xi) customers and clients and customer or client lists, (xii) copyrightable works, (xiii) all information comprising the Transferred Property, (xiv) all technology and trade secrets, (xv) business plans and financial models, and (xvxvi) all similar and related information in whatever form. Confidential Information shall not include any information that has been published in the a form generally available to the public prior to the date Executive purposes proposes to disclose or use such information. Information shall not be deemed to have been published merely because individual portions of the information have been separately published, but only if all material features comprising constituting such information have been published in combination. Notwithstanding the foregoing, “Confidential Information” shall not include any information (a) of which Executive became aware prior to Executive’s affiliation with the Company (b) of which Executive learns from sources other than the Company, whether prior to or after such information is actually disclosed by the Company, or (c) which is disclosed in a prospectus or other documents for dissemination to the public.

Nondisclosure and Nonuse of Confidential Information. (a) Executive shall not disclose or use at any time, either during his employment with the Company or thereafter, any Confidential Information (as defined below) of which 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 Executive's performance of duties assigned to Executive by the Company. Executive shall take all appropriate steps to safeguard Confidential Information and to protect it against disclosure, misuse, espionage, loss and theft. (b) As used in this Agreement, the term "Confidential Information" means information that is not generally known to the public and that is used, developed or obtained by the Company in connection with its business, including but not limited to (i) products or services, (ii) fees, costs and pricing structures, (iii) designs, (iv) analysis, (v) drawings, photographs and reports, (vi) computer software, including operating systems, applications and program listings, (vii) flow charts, manuals and documentation, (viii) data bases, (ix) accounting and business methods, (x) inventions, devices, new developments, methods and processes, whether patentable or unpatentable and whether or not reduced to practice, (xi) customers and clients and customer or client lists, (xii) copyrightable works, (xiii) all information comprising the Transferred Property, (xiv) all technology and trade secrets, and (xvxiv) all similar and related information in whatever form. Confidential Information shall not include any information that has been published in the a form generally available to the public prior to the date Executive purposes proposes to disclose or use such information. Information shall not be deemed to have been published merely because individual portions of the information have been separately published, but only if all material features comprising such information have been published in combination.

Nondisclosure and Nonuse of Confidential Information. (a) Executive Employee shall not disclose or use at any time, either during his employment with the Company or thereafter, any Confidential Information (as defined below) of which Executive 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 ExecutiveEmployee's performance of duties assigned to Executive Employee by the Company. Executive Employee shall take all appropriate steps to safeguard Confidential Information and to protect it against disclosure, misuse, espionage, loss and theft. (b) As used in this Agreement, the term "Confidential Information" means information that is not generally known to the public and that is used, developed or obtained by the Company in connection with its business, including but not limited to (i) products or servicesstore performance, (ii) fees, costs and pricing structuresresearch, (iii) designsmarketing plans and activities, (iv) analysisoperating procedures, (v) equipment mix, (vi) maintenance procedures, (vii) financing sources and practices, (viii) shareholder lists, (ix) drawings, photographs and reports, (vix) computer software, including operating systems, applications and program listings, (viixi) flow charts, manuals and documentation, (viiixii) data bases, (ixxiii) accounting and business methods, (xxiv) inventions, devices, new developments, methods and processes, whether patentable or unpatentable and whether or not reduced to practice, (xi) customers and clients and customer or client lists, (xiixv) copyrightable works, (xiii) all information comprising the Transferred Property, (xivxvi) all technology and trade secrets, and (xvxvii) all similar and related information in whatever form. Confidential Information shall not include any information that has been published in the a form generally available to the public prior to the date Executive purposes Employee proposes to disclose or use such information. Information shall not be deemed to have been published merely because individual portions of the information have been separately published, but only if all material features comprising such information have been published in combination.

Nondisclosure and Nonuse of Confidential Information. (a) Executive shall will not disclose or use at any time, either during his or her employment with Emcore or for the Company or next ten years thereafter, any Confidential Information (as defined below) of which Executive is or becomes aware, whether or not such information is developed by himhim or her, except to the extent that such disclosure or use is directly related to and required by Executive's performance of duties assigned to Executive by the CompanyEmcore. Executive shall will take all appropriate steps to safeguard Confidential Information and to protect it against disclosure, misuse, espionagecopying, loss and theft. (b) As used in this Agreement, the term "Confidential Information" means shall mean information that is not generally known to the public and that is used, developed or obtained by the Company Emcore and/or MODE in connection with its businesstheir respective businesses, including but not limited to (i) products or services, (ii) fees, costs and pricing structures, (iii) designs, (iv) analysis, (v) drawings, photographs and reports, (vi) computer software, including operating systems, applications and program listings, (vii) flow charts, manuals and documentation, (viii) data bases, (ix) accounting and business methods, (x) inventions, devices, new developments, methods and processes, whether patentable or unpatentable and whether or not reduced to practice, (xi) customers and clients and customer or client lists, (xii) other copyrightable works, (xiii) all information comprising the Transferred Property, (xiv) all technology and trade secrets, secrets and (xvxiv) all similar and related information in whatever form. Notwithstanding the following, Confidential Information shall will not include (i) any information that has been published in the a form generally available to the public prior to the date Executive purposes proposes to disclose or use such informationinformation or (ii) information that is widely known within Emcore's and/or MODE's industry, as applicable, although not generally known to the public. Information shall will not be deemed to have been published merely because individual portions of the information have been separately published, but only if all material features comprising such information have been published in combination.

Nondisclosure and Nonuse of Confidential Information. (a) Executive shall will not disclose or use at any time, either during his employment with the Company or thereafter, any Confidential Information (as defined below) of which Executive is or becomes aware, whether or not such information is developed by him, except as required by applicable law and except to the extent that such disclosure or use is directly related to and required by Executive's ’s performance of duties assigned to Executive by the CompanyBoard. Executive shall will take all appropriate steps to safeguard Confidential Information and to protect it against disclosure, misuse, espionage, loss and theft. (b) As used in . For purposes of this Agreement, the term "“Confidential Information" ” means information that is not generally known to the public and that is used, developed or obtained by the Company or ComCor-TV in connection with its businesstheir businesses, including but not limited to (i) products or services, (ii) fees, costs and pricing structures, (iii) designs, (iv) analysis, (v) drawings, photographs and reports, (vi) computer software, including operating systems, applications and program listings, (vii) flow charts, manuals and documentation, (viii) data bases, (ix) accounting and business methods, (x) inventions, devices, new developments, methods and processes, whether patentable or unpatentable and whether or not reduced to practice, (xi) customers customer and clients and client information (including customer or client lists), (xii) copyrightable works, (xiii) all information comprising the Transferred Property, (xiv) all technology and trade secrets, and (xv) all similar business plans and related information in whatever formfinancial models. Confidential Information shall does not include any information that has been published in the a form generally available to the public prior to the date Executive purposes proposes to disclose or use such information. Information shall will not be deemed to have been published merely because individual portions of the information have been separately published, but only if all material features comprising constituting such information have been published in combination.

Nondisclosure and Nonuse of Confidential Information. (a) The Executive shall will not disclose or use at any time, either during his employment with the Company or thereafter, any Confidential Information (as defined below) of which 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 the Executive's performance of duties assigned to the Executive by the Company. The Executive shall will take all appropriate steps to safeguard Confidential Information and to protect it against disclosure, misuse, espionage, loss and theft. (b) As used in this Agreement, the term "Confidential Information" means information that is not generally known to the public and that is used, developed or obtained by the Company in connection with its business, including but not limited to (i) products or services, (ii) fees, costs and pricing structures, (iii) designs, (iv) analysis, (v) drawings, photographs and reports, (vi) computer software, including operating systems, applications and program listings, (vii) flow charts, manuals and documentation, (viii) data bases, (ix) accounting and business methods, (x) inventions, devices, new developments, methods and processes, whether patentable or unpatentable and whether or not reduced to practice, (xi) customers and clients and customer or client lists, (xiixiii) other copyrightable works, (xiii) all information comprising the Transferred Property, (xiv) all technology and trade secrets, and (xvxiv) all similar and related information in whatever form. Confidential Information shall will not include any information that has been published in the a form generally available to the public prior to the date the Executive purposes proposes to disclose or use such information. Information shall will not be deemed to have been published merely because individual portions of the information have been separately published, but only if all material features comprising such information have been published in combination.

Nondisclosure and Nonuse of Confidential Information. (a) Executive shall not disclose or use at any time, either during his employment with the Company or thereafter, any Confidential Information (as defined below) of which 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 Executive's performance of duties assigned to Executive by the Company. Executive shall take all appropriate steps to safeguard Confidential Information and to protect it against disclosure, misuse, espionage, loss and theft. (b) As used in this Agreement, the term "Confidential Information" means information that is not generally known to the public and that is used, developed or obtained by the Company in connection with its business, including but not limited to (i) products or services, (ii) fees, costs and pricing structures, (iii) designs, (iv) analysis, (v) drawings, photographs and reports, (vi) computer software, including operating systems, applications and program listings, (vii) flow charts, manuals and documentation, (viii) data bases, (ix) accounting and business methods, (x) inventions, devices, new developments, methods and processes, whether patentable or unpatentable and whether or not reduced to practice, (xi) customers and clients and customer or client lists, (xii) copyrightable works, (xiii) all information comprising the Transferred Property, (xiv) all technology and trade secrets, and (xv) all similar and related information in whatever form. Confidential Information shall not include any information that has been published in the form generally available to the public prior to the date Executive purposes to disclose or use such information. Information shall not be deemed to have been published merely because individual portions of the information have been separately published, but only if all material features comprising such information have been published in combination. 9.

Nondisclosure and Nonuse of Confidential Information. (a) Executive shall will not disclose or use at any time, either during his employment with the Company or thereafter, any Confidential Information (as defined below) of which Executive is or becomes aware, whether or not such information is developed by him, except as required by applicable law and except to the extent that such disclosure or use is directly related to and required by Executive's performance of duties assigned to Executive by the CompanyBoard. Executive shall will take all appropriate steps to safeguard Confidential Information and to protect it against disclosure, misuse, espionage, loss and theft. (b) As used in . For purposes of this Agreement, the term "Confidential Information" means information that is not generally known to the public and that is used, developed or obtained by the Company or ComCor-TV in connection with its businesstheir businesses, including but not limited to (i) products or services, (ii) fees, costs and pricing structures, (iii) designs, (iv) analysis, (v) drawings, photographs and reports, (vi) computer software, including operating systems, applications and program listings, (vii) flow charts, manuals and documentation, (viii) data bases, (ix) accounting and business methods, (x) inventions, devices, new developments, methods and processes, whether patentable or unpatentable and whether or not reduced to practice, (xi) customers customer and clients and client information (including customer or client lists), (xii) copyrightable works, (xiii) all information comprising the Transferred Property, (xiv) all technology and trade secrets, and (xv) all similar business plans and related information in whatever formfinancial models. Confidential Information shall does not include any information that has been published in the a form generally available to the public prior to the date Executive purposes proposes to disclose or use such information. Information shall will not be deemed to have been published merely because individual portions of the information have been separately published, but only if all material features comprising constituting such information have been published in combination.

Nondisclosure and Nonuse of Confidential Information. (a) The Executive shall will not disclose or use at any time, either during his employment with the Company or thereafter, any Confidential Information (as defined below) of which 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 the Executive's performance of duties assigned to the Executive by the Company. The Executive shall will take all appropriate steps to safeguard Confidential Information and to protect it against disclosure, misuse, espionage, loss and theft. (b) As used in this Agreement, the term "Confidential Information" means information that is not generally known to the public and that is used, developed or obtained by the Company in connection with its business, including but not limited to (i) products or services, (ii) fees, costs and pricing structures, (iii) designs, (iv) analysis, (v) drawings, photographs and reports, (vi) computer software, including operating systems, applications and program listings, (vii) flow charts, manuals and documentation, (viii) data bases, (ix) accounting and business methods, (x) inventions, devices, new developments, methods and processes, whether patentable or unpatentable and whether or not reduced to practice, (xi) customers and clients and customer or client lists, (xii) other copyrightable works, (xiii) all information comprising the Transferred Property, (xiv) all technology and trade secrets, and (xvxiv) all similar and related information in whatever form. Confidential Information shall will not include any information that has been published in the a form generally available to the public prior to the date the Executive purposes proposes to disclose or use such information. Information shall will not be deemed to have been published merely because individual portions of the information have been separately published, but only if all material features comprising such information have been published in combination.

Nondisclosure and Nonuse of Confidential Information. (a) Executive shall not disclose or use at any time, either during his employment with the Company or thereafter, any Confidential Information (as defined below) of which 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 Executive's performance of duties assigned to Executive by the Company. Executive shall take all reasonably appropriate steps to safeguard Confidential Information and to protect it against disclosure, misuse, espionage, loss and theft. (b) As used in this Agreement, the term "Confidential Information" means information that is not generally known to the public and that is used, developed or obtained by the Company in connection with its business, including but not limited to (i) products or services, (ii) fees, costs and pricing structures, (iii) designs, (iv) analysis, (v) drawings, photographs and reports, (vi) computer software, including operating systems, applications and program listings, (vii) flow charts, manuals and documentation, (viii) data bases, (ix) accounting and business methods, (x) inventions, devices, new developments, methods and processes, whether patentable or unpatentable and whether or not reduced to practice, (xi) customers and clients and customer or client lists, (xii) copyrightable works, (xiii) all information comprising the Transferred Property, (xiv) all technology and trade secrets, and (xv) all similar and related information in whatever form. Confidential Information shall not include any information that has been published in the a form generally available to the public prior to the date Executive purposes proposes to disclose or use such information. Information shall not be deemed to have been published merely because individual portions of the information have been separately published, but only if all material features comprising such information have been published in combination.

Nondisclosure and Nonuse of Confidential Information. (a) Executive a. Unless Employee first obtains the written consent of the Company, Employee shall not disclose or use at any time, either during his or her employment with the Company or thereafter, any Confidential Information (as defined below) of which Executive Employee is or becomes aware, whether or not such information is developed by himhim or her, except to the extent that such disclosure or use is directly related to and required by Executive's Employee’s performance of duties assigned to Executive Employee by the Company. Executive Employee shall take all appropriate steps to safeguard Confidential Information and to protect it against disclosure, misuse, espionage, loss and theft. (b) b. As used in this Agreement, the term "term, “Confidential Information" ” means information that is not generally known to the public and that is used, developed or obtained by the Company in connection with its business, including but not limited to (i) products or services, (ii) fees, costs and pricing structures, (iii) designs, (iv) analysisanalysis and other internal business information (including marketing and distribution plans and practices and data from clinical or other studies regarding the products and services of the Company), (v) drawings, photographs and reports, (vi) computer software, including operating systems, applications systems and program listingsapplications, (vii) flow charts, manuals and documentation, (viii) data bases, (ix) accounting and business methods, (x) inventions, devices, new developments, methods and processes, whether patentable or unpatentable and whether or not reduced to practice, (xi) customers and clients and customer or client lists, (xii) copyrightable works, (xiii) all information comprising the Transferred Property, (xiv) all technology and trade secrets, (xiii) copyrightable works and (xvxiv) all similar and related information in whatever form. Confidential Information shall not include any information that has been published in the a form generally available to the public prior to the date Executive purposes Employee proposes to disclose or use such information. Information shall not be deemed to have been published merely because individual portions of the information have been separately published, but only if all material features comprising such information have been published in combination.

Nondisclosure and Nonuse of Confidential Information. (a) Executive Shareholder shall not disclose or use at any time, either during his employment with the Company or thereafter, time any Confidential Information (as defined below) of which Executive Shareholder is or becomes aware, whether or not such information is developed by him, except to the extent that such disclosure or use is authorized by the Company or, in the event the Shareholder hereafter performs any services at the request of the Company, is directly related to and required by ExecutiveShareholder's performance of duties assigned to Executive by the Companysuch duties. Executive Shareholder shall take all appropriate steps to safeguard Confidential Information and to protect it against disclosure, misuse, espionage, loss and thefttheft to the extent such Confidential Information is in Shareholder's possession or subject to his control. (ba) As used in this Agreement, the term "Confidential Information" means information that is not generally known to or ascertainable (through lawful and proper means) by the public and that is used, developed or obtained by the Company in connection with its business, including but not limited to (i) products or services, (ii) fees, costs and pricing structures, (iii) designs, (iv) analysis, (v) drawings, photographs and reports, (vi) computer software, including operating systems, applications and program listings, (vii) flow charts, manuals and documentation, (viii) data bases, (ix) accounting and business methods, (x) inventions, devices, new developments, methods and processes, whether patentable or unpatentable and whether or not reduced to practice, (xi) customers and clients and customer or client lists, (xii) copyrightable works, (xiii) all information comprising the Transferred Property, (xiv) all technology and trade secrets, and (xvxiv) all similar and related information in whatever form. Confidential Information shall not include any information (X) that has been published in the form is generally available known to or ascertainable (through lawful and proper means) by the public prior to the date Executive purposes Shareholder proposes to disclose or use such informationinformation or (Y) that has been independently acquired or developed by Shareholder without violating any of his obligations under this Agreement. Information shall not be deemed to have been published or available merely because individual portions of the information have been separately publishedpublished or available, but only if all material features comprising such information have been published in combination.

Nondisclosure and Nonuse of Confidential Information. 10- (a) Executive shall not disclose or use at any time, either during his employment with the Company or thereafter, any Confidential Information (as defined below) of which 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 Executive's performance of duties assigned to Executive by the Company. Executive shall take all appropriate steps to safeguard Confidential Information and to protect it against disclosure, misuse, espionage, loss and theft. (b) As used in this Agreement, the term "Confidential Information" means information that is not generally known to the public and that is used, developed or obtained by the Company in connection with its business, including but not limited to (i) products or services, (ii) fees, costs and pricing structures, (iii) designs, (iv) analysis, (v) drawings, photographs and reports, (vi) computer software, including operating systems, applications and program listings, (vii) flow charts, manuals and documentation, (viii) data bases, (ix) accounting and business methods, (x) inventions, devices, new developments, methods and processes, whether patentable or unpatentable and whether or not reduced to practice, (xi) customers and clients and customer or client lists, (xii) copyrightable works, (xiii) all information comprising the Transferred Property, (xiv) all technology and trade secrets, and (xv) all similar and related information in whatever form. Confidential Information shall not include any information that has been published in the form generally available to the public prior to the date Executive purposes to disclose or use such information. Information shall not be deemed to have been published merely because individual portions of the information have been separately published, but only if all material features comprising such information have been published in combination.

Nondisclosure and Nonuse of Confidential Information. (a) Executive shall During the Consulting Period and for a period of two (2) years thereafter, Consultant will not disclose or use at any time, either during his employment with the Company or thereafter, time any Confidential Information (as defined below) of which Executive Consultant is or becomes aware, whether or not such information is developed by him, except to the extent that such disclosure or use is authorized by the Company or is directly related to and required by ExecutiveConsultant's performance of duties assigned to Executive by the Companysuch services. Executive shall Consultant will take all appropriate steps to safeguard Confidential Information and to protect it against disclosure, misuse, espionage, loss and theft, to the extent such Confidential Information is in Consultant's possession or subject to his control. (b) As used in this Agreement, the term "Confidential Information" means information that is not generally known to or ascertainable (through lawful or proper means) by the public and that is used, developed or obtained by the Company in connection with its business, including but not limited to (i) products or services, (ii) fees, costs and pricing structures, (iii) designs, (iv) analysis, (v) drawings, photographs and reports, (vi) computer software, including operating systems, applications and program listings, (vii) flow charts, manuals and documentation, (viii) data bases, (ix) accounting and business methods, (x) inventions, devices, new developments, methods and processes, whether patentable or unpatentable and whether or not reduced to practice, (xi) customers and clients and customer or client lists, (xii) copyrightable works, (xiii) all information comprising the Transferred Property, (xiv) all technology and trade secrets, and (xvxiv) all similar and related information in whatever form. Confidential Information shall not include any information (X) that has been published in the form is generally available known to or ascertainable (through lawful and proper means) by the public prior to the date Executive purposes Consultant proposes to disclose or use such information, or (Y) that has been independently acquired or developed by Consultant without violating any of his obligations under this Agreement. Information shall not be deemed to have been published or available merely because individual portions of the information have been separately publishedpublished or are separately available, but only if all material features comprising such information have been published or are available in combination.