Common use of Nondisclosure of Confidential Information; Non-Competition Clause in Contracts

Nondisclosure of Confidential Information; Non-Competition. (a) The Executive will not, without the prior written consent of the Company, divulge, disclose or make accessible to any other person, firm, partnership, corporation or other entity any Confidential Information pertaining to the business of the Company, except (i) while employed by the Company, in the business of and for the benefit of the Company, or (ii) when required to do so by a court of competent jurisdiction or an individual duly appointed thereby, by any administrative body or legislative body (including a committee thereof) having supervisory authority over the business of the Company, or by any administrative body or legislative body (including a committee thereof) with jurisdiction to order the Executive to divulge, disclose or make accessible such information. For purposes of this paragraph 7(a), “Confidential Information” will mean non-public information concerning the financial data, strategic business plans, product development (or other proprietary product data), customer lists, marketing plans and other non-public, proprietary and confidential information of the Company and its subsidiaries that is not otherwise available to the public; provided, however, that Confidential Information will also include any information of the type herein described which has become publicly available through any breach of fiduciary duty.

Appears in 3 contracts

Samples: Employment Agreement (Great Lakes Dredge & Dock CORP), Employment Agreement (Great Lakes Dredge & Dock CORP), Employment Agreement (Great Lakes Dredge & Dock CORP)

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Nondisclosure of Confidential Information; Non-Competition. (a) The Executive will shall not, without the prior written consent of the Company, use, divulge, disclose or make accessible to any other person, firm, partnership, corporation or other entity any Confidential Information pertaining to the business of the CompanyCompany or any of its affiliates, except (i) while employed by the Company, in the business of and for the benefit of the Company, or (ii) when required to do so by a court of competent jurisdiction or an individual duly appointed therebyjurisdiction, by any administrative body or legislative body (including a committee thereof) governmental agency having supervisory authority over the business of the Company, or by any administrative body or legislative body (including a committee thereof) with jurisdiction to order the Executive to divulge, disclose or make accessible such information. For purposes of this paragraph 7(aSection 11(a), "Confidential Information” will " shall mean non-public information concerning the financial data, strategic business plans, product development (or other proprietary product data), customer lists, marketing plans and other non-non- public, proprietary and confidential information of the Company and its subsidiaries that Company, Bliss & Laughlin Industries Inc. or thexx xxxxxctive affiliates or customers, that, in any case, is not otherwise available to the public; provided, however, that Confidential Information will also include any information public (other than by the Executive's breach of the type herein described which has become publicly available through any breach of fiduciary dutyterms hereof).

Appears in 1 contract

Samples: Employment Agreement (Bar Technologies Inc)

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Nondisclosure of Confidential Information; Non-Competition. (a) The Executive will shall not, without the prior written consent of the Company, use, divulge, disclose or make accessible to any other person, firm, partnership, corporation or other entity any Confidential Information pertaining to the business of the CompanyCompany or any of its affiliates, except (i) while employed by the Company, in the business of and for the benefit of the Company, or (ii) when required to do so by a court of competent jurisdiction or an individual duly appointed therebyjurisdiction, by any administrative body or legislative body (including a committee thereof) governmental agency having supervisory authority over the business of the Company, or by any administrative body or legislative body (including a committee thereof) with jurisdiction to order the Executive to divulge, disclose or make accessible such information. For purposes of this paragraph 7(aSection 13(a), "Confidential Information” will " shall mean non-public information concerning the financial data, strategic business plans, product development (or other proprietary product data), customer lists, marketing plans and other non-public, proprietary and confidential information of the Company and its subsidiaries that Company, Kohlberg Kravis Robexxx & Xo. or their respective affiliates (the "Restricted Group") or customers, that, in any case, is not otherwise available to the public; provided, however, that Confidential Information will also include any information public (other than by Executive's breach of the type herein described which has become publicly available through any breach of fiduciary dutyterms hereof).

Appears in 1 contract

Samples: Employment Agreement (Brunos Inc)

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