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, Kohlberg Kravis Rxxxxxx & Co., Welsh, Carson, Axxxxxxx & Sxxxx VII, 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 otherwise available to the public (other than by Executive’s breach of the terms hereof). Confidential Information further includes without limitation customer information, vendors, operations and operating procedures, pricing, financial information, technology, marketing strategies, design of facilities, employment practices, contractual agreements, and trade secrets. Executive agrees that both while employed by the Company and following termination of Executive’s employment with the Company at any time in the future:

Nondisclosure of Confidential Information; Non-Competition. (a) At any time during or after Executive’s '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, Kohlberg Kravis Rxxxxxx Xxxxxxx & Co., Welsh, Carson, Axxxxxxx Xxxxxxxx & Sxxxx Xxxxx VII, L.P., or their respective affiliates as in existence as of the date of Executive’s 's termination of employment (collectively, the “"Restricted Group”") that, in any case, is not otherwise available to the public (other than by Executive’s 's breach of the terms hereof). Confidential Information further includes without limitation customer information, vendors, operations and operating procedures, pricing, financial information, technology, marketing strategies, design of facilities, employment practices, contractual agreements, and trade secrets. Executive agrees that both while employed by the Company and following termination of Executive’s 's employment with the Company at any time in the future: