Common use of Notice and Acknowledgement Clause in Contracts

Notice and Acknowledgement. In accordance with Minnesota Statute § 181.78, the foregoing paragraph does not require Employee to assign or offer to assign to Employer any of Employee’s rights in an Invention that Employee developed entirely on Employee’s own time without using Employer’s equipment, supplies, facilities or trade secret information, and (a) that does not relate directly to Employer’s business or to Employer’s actual or demonstrably anticipated research or development, or (b) that does not result from any work performed by Employee for Employer. For the purpose of this Section, “Employer’s business” shall be defined as development pertaining to implantable medical devices to treat obesity or devices to apply signals to a vagus nerve to treat a gastrointestinal disorder (e.g., obesity, pancreatitis or irritable bowel syndrome). To the extent a provision in this Agreement purports to require Employee to assign Inventions otherwise excluded by this paragraph, the provision is against the public policy of the State of Minnesota and is unenforceable. By signing this Agreement, Employee acknowledges receipt of the notification required by Minnesota Statute § 181.78.

Appears in 6 contracts

Samples: Employment Agreement (Obalon Therapeutics Inc), Employment Agreement (EnteroMedics Inc), Employment Agreement (EnteroMedics Inc)

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Notice and Acknowledgement. In accordance with Minnesota Statute § 181.78, the foregoing paragraph Section 5.1 does not require Employee to assign or offer to assign to Employer Company any of Employee’s rights in an Invention that Employee developed entirely on Employee’s own time without using EmployerCompany’s equipment, supplies, facilities or trade secret information, and (a) that does not relate directly to EmployerCompany’s business or to EmployerCompany’s actual or demonstrably anticipated research or development, or (b) that does not result from any work performed by Employee for EmployerCompany. For the purpose of this Section, “EmployerCompany’s business” shall be defined as development pertaining to implantable medical devices to treat obesity or devices to apply signals to a vagus nerve to treat a gastrointestinal disorder (e.g., obesity, pancreatitis or irritable bowel syndrome). To the extent a provision in this Agreement purports to require Employee to assign Inventions otherwise excluded by this paragraph, the provision is against the public policy of the State of Minnesota and is unenforceable. By signing this Agreement, Employee acknowledges receipt of the notification required by Minnesota Statute § 181.78.

Appears in 2 contracts

Samples: Executive Employment Agreement (EnteroMedics Inc), Executive Employment Agreement (EnteroMedics Inc)

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Notice and Acknowledgement. In accordance with Minnesota Statute § 181.78, the foregoing paragraph Section 5.1 does not require Employee to assign or offer to assign to Employer the Company any of Employee’s rights in an Invention that Employee developed entirely on Employee’s own time without using Employerthe Company’s equipment, supplies, facilities or trade secret information, and (a1) that does not relate directly to Employerthe Company’s business or to Employerthe Company’s actual or demonstrably anticipated research or development, or (b2) that does not result from any work performed by Employee for Employerthe Company. For the purpose purposes of this Section, the EmployerCompany’s business” shall be defined as development pertaining to implantable medical devices to treat obesity or devices to apply signals to a vagus nerve to treat a gastrointestinal disorder (e.g., obesity, pancreatitis or irritable bowel syndrome). To the extent a provision in this Agreement purports to require Employee to assign Inventions otherwise excluded by this paragraph, the provision is against the public policy of the State of Minnesota and is unenforceable. By signing this Agreement, Employee acknowledges receipt of the notification required by Minnesota Statute § 181.78.

Appears in 1 contract

Samples: Executive Employment Agreement (EnteroMedics Inc)

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