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

Nondisclosure of Confidential Information; Non-Competition. (a) At any time during or after Executive's employment with the Company, Executive 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 (as hereinafter defined) pertaining to the business of the Company or any of its subsidiaries, 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, by any 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 Executive to divulge, disclose or make accessible such information. For purposes of this Section 12(a), "Confidential Information" shall mean non-public information concerning the financial data, strategic business plans, and other non-public, proprietary and confidential information of the Company, its subsidiaries, its parent corporations, Kohlberg Kravis Robexxx & Xo., Welsh, Carson, Andexxxx & Xtowx XXX, L.P., or their respective affiliates as in existence as of the date of Executive's termination of employment (collectively, the "Restricted Group") that, in any case, is not

Nondisclosure of Confidential Information; Non-Competition. (a) At any time during or after Executive's Executive acknowledges that, as a consequence of his employment and position with the Company, he will have access to and become acquainted with confidential information of the Company, its affiliates, vendors, bankers and customers. During the term of this Agreement and at all times thereafter, and in addition to his obligations pursuant to the Confidentiality and Non-Disclosure Agreement entered into by Executive concurrent herewith, Executive 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 of such Confidential Information (as hereinafter defined) pertaining to the business of the Company or any of its subsidiariesaffiliates, except (i) while employed by the Company, in the business of and solely for the benefit of the Company, or (ii) when required to do so by a court of competent jurisdiction, by any governmental agency having supervisory authority over the business of the Company, Company or by any administrative body or legislative body (including a committee thereof) with jurisdiction to order Executive to divulge, disclose or make accessible such information. For purposes of this Section 12(a18(a), "Confidential Information" shall mean non-public nonpublic information concerning the Company's financial data, designs, strategic business plans, product development (or other propriety product data), customer lists, information relating to suppliers and methods of production, business know-how, sales and marketing information and plans, and other non-publicnonpublic, proprietary and confidential information of the Company, its subsidiariesaffiliates, vendors, bankers or its parent corporations, Kohlberg Kravis Robexxx & Xocustomers., Welsh, Carson, Andexxxx & Xtowx XXX, L.P., or their respective affiliates as in existence as of the date of Executive's termination of employment (collectively, the "Restricted Group") that, in any case, is not

Nondisclosure of Confidential Information; Non-Competition. (a) At any time during or after Executive's Executive acknowledges that, as a consequence of his employment and position with the Company, he will have access to and become acquainted with confidential information of the Company, its affiliates, vendors, bankers and customers. During the term of this Agreement and at all times thereafter, and in addition to his obligations pursuant to the Confidentiality and Non-Disclosure Agreement entered into by Executive concurrent herewith, Executive 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 of such Confidential Information (as hereinafter defined) pertaining to the business of the Company or any of its subsidiariesaffiliates, except (i) while employed by the Company, in the business of and solely for the benefit of the Company, or (ii) when required to do so by a court of competent jurisdiction, by any governmental agency having supervisory authority over the business of the Company, Company or by any administrative body or legislative body (including a committee thereof) with jurisdiction to order Executive to divulge, disclose or make accessible such information. For purposes of this Section 12(a21(a), "Confidential Information" shall mean non-public nonpublic information concerning the Company's financial data, designs, strategic business plans, product development (or other propriety product data), customer lists, information relating to suppliers and methods of production, business know-how, sales and marketing information and plans, and other non-publicnonpublic, proprietary and confidential information of the Company, its subsidiariesaffiliates, vendors, bankers or its parent corporations, Kohlberg Kravis Robexxx & Xocustomers., Welsh, Carson, Andexxxx & Xtowx XXX, L.P., or their respective affiliates as in existence as of the date of Executive's termination of employment (collectively, the "Restricted Group") that, in any case, is not