Common use of Obligation to Maintain Confidentiality Clause in Contracts

Obligation to Maintain Confidentiality. Executive acknowledges that the information, observations and data (including trade secrets) obtained by him during the course of his performance under this Agreement concerning the business or affairs of the Company, Employer and their respective Subsidiaries and Affiliates ("CONFIDENTIAL INFORMATION") are the property of the Company, Employer or such Subsidiaries and Affiliates, including information concerning acquisition opportunities in or reasonably related to the Company's and Employer's business or industry of which Executive becomes aware during the Employment Period. Therefore, Executive agrees that he will not disclose to any unauthorized Person or use for his own account (for his commercial advantage or otherwise) any Confidential Information without the Board's written consent, unless and to the extent that the Confidential Information, (i) becomes generally known to and available for use by the public other than as a result of Executive's acts or omissions to act, (ii) was known to Executive prior to Executive's employment with Employer, the Company or any of their Subsidiaries and Affiliates or (iii) is required to be disclosed pursuant to any applicable law, court order or other governmental decree. Executive shall deliver to the Company at a Separation, or at any other time the Company may request, all memoranda, notes, plans, records, reports, computer tapes, printouts and software and other documents and data (and copies thereof) relating to the Confidential Information, Work Product (as defined below) or the business of the Company, Employer and their respective Subsidiaries and Affiliates (including, without limitation, all acquisition prospects, lists and contact information) which he may then possess or have under his control.

Obligation to Maintain Confidentiality. Executive Participant acknowledges that the information, observations confidential or proprietary information and data (including trade secrets) of the Company Group and any of its Affiliates obtained by him during Participant while employed by or in the course of his performance under this Agreement concerning the business or affairs service of the Company, Employer and their respective Subsidiaries and Company Group or any of its Affiliates ("CONFIDENTIAL INFORMATION"including, without limitation, prior to the date of this Agreement) (“Confidential Information”) are the property of the Company, Employer or such Subsidiaries and Company Group and/or its Affiliates, including information concerning acquisition opportunities in or reasonably related to the Company's and Employer's Company Group’s or any of its Affiliates’ business or industry of which Executive Participant becomes aware during the Employment Periodperiod of Participant’s employment or service. Therefore, Executive Participant agrees that he or she will not disclose to any unauthorized Person person, group or entity or use for his Participant’s own account (for his commercial advantage or otherwise) any Confidential Information without the Board's Company’s written consent, unless and to the extent that the Confidential Information, (ia) becomes generally known to and available for use by the public other than as a result of Executive's Participant’s acts or omissions to act, (iib) was known to Executive Participant prior to Executive's Participant’s employment or service with Employer, the Company Group or any of their Subsidiaries and Affiliates its Affiliates, or (iiic) is required to be disclosed pursuant to any applicable law, law or court order or other governmental decreeorder. Executive Participant shall use reasonable best efforts to deliver to the Company at a Separationon his or her Cessation Date, or at any other time the Company may request, all memoranda, notes, plans, records, reports, computer tapes, printouts and software and other documents and data (and copies thereof) relating to the Confidential Information, Work Product (as defined below) or the business of the Company, Employer Company Group and their respective Subsidiaries and any of its Affiliates (including, without limitation, all acquisition prospects, lists and contact information) which he Participant may then possess or have under his or her control, but excluding financial information of the Company relating to Participant’s ownership of shares of Common Stock, which information will nonetheless continue to constitute Confidential Information.

Obligation to Maintain Confidentiality. Executive acknowledges that the information, observations information and data (including trade secrets) obtained by him during the course of his employment with the Company and/or its Subsidiaries and Affiliates and his performance under this Agreement concerning the business or and affairs of the Company, Employer Company and their respective Subsidiaries and Affiliates ("CONFIDENTIAL INFORMATION") are the property of the Company, Employer or such its Subsidiaries and Affiliates, including information concerning acquisition opportunities in or reasonably related to the Company's ’s and Employer's its Subsidiaries’ or Affiliates’ business or industry of which Executive becomes aware during his employment with the Company and/or its Subsidiaries and Affiliates prior to the date hereof and during the Employment PeriodPeriod (collectively, “Confidential Information”), are the property of the Company or such Subsidiaries and Affiliates. Therefore, Executive agrees that he will not disclose to any unauthorized Person or use for his own account (for his commercial advantage or otherwise) any Confidential Information without the Board's ’s prior written consent, unless and to the extent that the Confidential Information, (i) becomes generally known to and available for use by the public other than as a result of Executive's acts or omissions to act, (ii) was known to Executive prior to Executive's employment with Employer, the Company or any of their Subsidiaries and Affiliates or (iii) is required to be disclosed pursuant to any applicable law, court order or other governmental decree. Executive shall agrees to deliver to the Company at a Separation, or at any other time the Company may requestrequest in writing, all memoranda, notes, plans, records, reports, computer tapes, printouts and software reports and other documents and data (and copies thereof) relating to the Confidential Information, Work Product (as defined below) or the business of the Company, Employer Company and their respective its Subsidiaries and Affiliates (including, without limitation, all acquisition prospects, lists and contact information) which he may then possess or have under his control. Notwithstanding the foregoing, the restrictions contained herein shall not apply to any information which Executive can demonstrate by written record (i) was already available to the public, otherwise than by breach of this Agreement, or (ii) was the subject of a court order for Executive to disclose, provided that Executive shall give the Company prompt notice of any and all such requests for disclosure so that it may take all necessary or desired action to avoid or limit disclosure.

Obligation to Maintain Confidentiality. Executive acknowledges that the information, observations and data (including trade secrets) obtained by him during the course of his performance under this Agreement concerning the business or affairs of the CompanyEmployer, Employer and their respective its Subsidiaries and Affiliates ("CONFIDENTIAL INFORMATION"“Confidential Information”) are the property of the CompanyEmployer, Employer or such its Subsidiaries and Affiliates, as applicable, including information concerning acquisition opportunities in or reasonably related to the Company's and Employer's ’s, its Subsidiaries’ and/or Affiliates’ business or industry of which Executive becomes aware during the Employment Period. Therefore, Executive agrees that he will not disclose to any unauthorized Person or use for his own account (for his commercial advantage or otherwise) any Confidential Information without the Board's ’s written consent, unless and to the extent that the Confidential Information, (i) becomes generally known to and available for use by the public other than as a result of Executive's ’s acts or omissions to act, (ii) was known to Executive prior to Executive's ’s employment with Employer, the Company Employer or any of their its Subsidiaries and or Affiliates or (iii) is required to be disclosed pursuant to any applicable law, court order or other governmental decree. Executive shall deliver to Employer on the Company at a Separationdate of termination, or at any other time the Company Employer may request, all memoranda, notes, plans, records, reports, computer tapes, printouts and software and other documents and data (and copies thereof) relating to the Confidential Information, Work Product (as defined below) or the business of the CompanyEmployer, Employer and their respective its Subsidiaries and Affiliates (including, without limitation, all acquisition prospects, lists and contact information) which he may then possess or have under his control.

Obligation to Maintain Confidentiality. Executive acknowledges that the information, observations and data (including trade secrets) of a confidential, proprietary or secret nature obtained by him during the course of his performance under this Agreement concerning the business or affairs of the Company, Employer and their respective Subsidiaries and Affiliates ("CONFIDENTIAL INFORMATION"“Confidential Information”) are the property of the Company, Employer or such Subsidiaries and Affiliates, including information concerning acquisition opportunities in or reasonably related to the Company's ’s and Employer's ’s business or industry of which Executive becomes aware during the Employment Period. Therefore, Executive agrees that he will not disclose to any unauthorized Person or use for his own account (for his commercial advantage or otherwise) any Confidential Information without the Board's ’s written consent, unless and to the extent that the Confidential Information, (i) becomes generally known to and available for use by the public other than as a result of Executive's ’s acts or omissions to act, (ii) was known to Executive prior to Executive's ’s employment with Employer, the Company or any of their Subsidiaries and Affiliates Affiliates, or (iii) is required to be disclosed pursuant to any applicable law, law or court order or other governmental decreeorder. Executive shall deliver to the Company at a Separation, or at any other time the Company may request, all memoranda, notes, plans, records, reports, computer tapes, printouts and software and other documents and data (and copies thereof) relating to the Confidential Information, Work Product (as defined below) or the business of the Company, Employer and their respective Subsidiaries and Affiliates (including, without limitation, all acquisition prospects, lists and contact information) which he may then possess or have under his control.

Obligation to Maintain Confidentiality. Executive acknowledges that the information, observations and data (including trade secrets) obtained by him during Executive while employed by Employer both before and after the course date of his performance under this Agreement concerning the business or affairs of the CompanyParent, Employer and their respective Subsidiaries and Affiliates ("CONFIDENTIAL INFORMATION"“Confidential Information”) are the property of the CompanyParent, Employer or such Subsidiaries and Affiliates, including information concerning acquisition targets and opportunities in or reasonably related to the Company's Parent’s and Employer's ’s business or industry of which Executive becomes aware during the Employment Period. Therefore, Executive agrees that he Executive will not disclose to any unauthorized Person or use for his Executive’s own account (for his commercial advantage or otherwise) purposes any Confidential Information or any Third Party Information without the prior written consent of the Board's written consent, unless and to the extent that the Confidential Information or Third Party Information, (i) becomes generally known to and available for use by the public other than as a result of Executive's ’s acts or omissions to act, act or (ii) was known to Executive prior to Executive's employment with Employer, the Company or any of their Subsidiaries and Affiliates or (iii) is required to be disclosed pursuant to any applicable law, law or a court order or other governmental decreedecree (in which case Executive shall give prior written notice to Parent of such disclosure). Executive shall deliver to the Company Employer at a Separation, or at any other time the Company Employer may request, all memoranda, notes, plans, records, reports, computer files, disks and tapes, printouts and software and other documents and data (and copies thereof) embodying or relating to the Confidential Information, Third Party Information, Work Product (as defined below) or the business of the CompanyParent, Employer and their respective Subsidiaries and Affiliates (including, without limitation, including all acquisition prospects, lists and contact information) which he may then possess or have under his Executive’s control.

Obligation to Maintain Confidentiality. Executive acknowledges that the information, observations and data (including trade secrets) obtained by him during Executive while employed by Employer both before and after the course date of his performance under this Agreement concerning the business or affairs of the CompanyParent, Employer and their respective Subsidiaries and Affiliates ("CONFIDENTIAL INFORMATION"“Confidential Information”) are the property of the CompanyParent, Employer or such Subsidiaries and Affiliates, including information concerning acquisition targets and opportunities in or reasonably related to the Company's Parent’s and Employer's ’s business or industry of which Executive becomes aware during the Employment Period. Therefore, Executive agrees that he Executive will not disclose to any unauthorized Person or use for his Executive’s own account (for his commercial advantage or otherwise) purposes any Confidential Information or any Third Party Information without the prior written consent of the Board's written consent, unless and to the extent that the Confidential Information or Third Party Information, (i) becomes generally known to and available for use by the public other than as a result of Executive's ’s acts or omissions to act, act or (ii) was known to Executive prior to Executive's employment with Employer, the Company or any of their Subsidiaries and Affiliates or (iii) is required to be disclosed pursuant to any applicable law, law or a court order or other governmental decreedecree (in which case Executive shall give prior written notice to Parent of such disclosure). Executive shall deliver to the Company Employer at a Separation, or at any other time the Company Employer may request, all memoranda, notes, plans, records, reports, computer files, disks and tapes, printouts and software and other documents and data (and copies thereof) embodying or relating to the Confidential Information, Third Party Information, Work Product (as defined below) or the business of the CompanyParent, Employer and their respective Subsidiaries and Affiliates (including, without limitation, including all acquisition prospects, lists and contact information) which he she may then possess or have under his Executive’s control.

Obligation to Maintain Confidentiality. Executive acknowledges that the information, observations and data (including trade secrets) obtained by him during the course of his performance under this Agreement concerning the business or affairs of the CompanyEmployer, Employer and their respective its Subsidiaries and Affiliates ("CONFIDENTIAL INFORMATION"“Confidential Information”) are the property of the CompanyEmployer, Employer or such its Subsidiaries and Affiliates, as applicable, including information concerning acquisition opportunities in or reasonably related to the Company's and Employer's ’s, its Subsidiaries’ and/or Affiliates’ business or industry of which Executive becomes aware during the Employment Period. Therefore, Executive agrees that he will not disclose to any unauthorized Person or use for his own account (for his commercial advantage or otherwise) any Confidential Information without the Board's ’s written consent, unless and to the extent that the Confidential Information, (i) becomes generally known to and available for use by the public other than as a result of Executive's ’s acts or omissions to act, (ii) was known to Executive prior to Executive's ’s employment with Employer, the Company Employer or any of their its Subsidiaries and or Affiliates or (iii) is required to be disclosed pursuant to any applicable law, court order or other governmental decree. Executive shall deliver to the Company Employer at a Separation, or at any other time the Company Employer may request, all memoranda, notes, plans, records, reports, computer tapes, printouts and software and other documents and data (and copies thereof) relating to the Confidential Information, Work Product (as defined below) or the business of the CompanyEmployer, Employer and their respective its Subsidiaries and Affiliates (including, without limitation, all acquisition prospects, lists and contact information) which he may then possess or have under his control.

Obligation to Maintain Confidentiality. Executive acknowledges that the information, observations and data (including trade secrets) obtained by him during Executive while employed by Employer both before and after the course date of his performance under this Agreement concerning the business or affairs of the CompanyParent, Employer and their respective Subsidiaries and Affiliates ("CONFIDENTIAL INFORMATION"“Confidential Information”) are the property of the CompanyParent, Employer or such Subsidiaries and Affiliates, including information concerning acquisition targets and opportunities in or reasonably related to the Company's Parent’s and Employer's ’s business or industry of which Executive becomes aware during the Employment Period. Therefore, Executive agrees that he Executive will not disclose to any unauthorized Person or use for his Executive’s own account (for his commercial advantage or otherwise) purposes any Confidential Information or any Third Party Information without the prior written consent of the Board's written consent, unless and to the extent that the Confidential Information or Third Party Information, (i) becomes generally known to and available for use by the public other than as a result of Executive's ’s acts or omissions to act, act or (ii) was known to Executive prior to Executive's employment with Employer, the Company or any of their Subsidiaries and Affiliates or (iii) is required to be disclosed pursuant to any applicable law, law or a court order or other governmental decreedecree (in which case Executive shall give prior written notice to Parent of such disclosure). Executive shall deliver to the Company at a Separation, or at Employer any other time the Company Employer may request, all memoranda, notes, plans, records, reports, computer files, disks and tapes, printouts and software and other documents and data (and copies thereof) embodying or relating to the Confidential Information, Third Party Information, Work Product (as defined below) or the business of the CompanyParent, Employer and their respective Subsidiaries and Affiliates (including, without limitation, including all acquisition prospects, lists and contact information) which he may then possess or have under his Executive’s control.

Obligation to Maintain Confidentiality. Executive acknowledges that the information, observations and data (including trade secrets) obtained by him during the course of his performance under this Agreement concerning the business or affairs of the CompanyEmployer, Employer and their respective its Subsidiaries and Affiliates ("CONFIDENTIAL INFORMATION"“Confidential Information”) are the property of the CompanyEmployer, Employer or such its Subsidiaries and Affiliates, as applicable, including information concerning acquisition opportunities in or reasonably related to the Company's and Employer's 's, its Subsidiaries' and/or Affiliates' business or industry of which Executive becomes aware during the Employment Period. Therefore, Executive agrees that he will not disclose to any unauthorized Person or use for his own account (for his commercial advantage or otherwise) any Confidential Information without the Board's written consent, unless and to the extent that the Confidential Information, (i) becomes generally known to and available for use by the public other than as a result of Executive's acts or omissions to act, (ii) was known to Executive prior to Executive's employment with Employer, the Company Employer or any of their its Subsidiaries and or Affiliates or (iii) is required to be disclosed pursuant to any applicable law, court order or other governmental decree. Executive shall deliver to Employer on the Company at a Separationdate of termination, or at any other time the Company Employer may request, all memoranda, notes, plans, records, reports, computer tapes, printouts and software and other documents and data (and copies thereof) relating to the Confidential Information, Work Product (as defined below) or the business of the CompanyEmployer, Employer and their respective its Subsidiaries and Affiliates (including, without limitation, all acquisition prospects, lists and contact information) which he may then possess or have under his control.

Obligation to Maintain Confidentiality. Executive acknowledges that the information, observations and data (including trade secrets) obtained by him during the course of his performance under this Agreement concerning the business or affairs of the Company, Employer and their respective Subsidiaries and Affiliates ("CONFIDENTIAL INFORMATION"“Confidential Information”) are the property of the Company, Employer or such Subsidiaries and Affiliates, including information concerning acquisition opportunities in or reasonably related to the Company's ’s and Employer's ’s business or industry of which Executive becomes aware during the Employment Period. Therefore, Executive agrees that he will not disclose to any unauthorized Person or use for his own account (for his commercial advantage or otherwise) any Confidential Information without the Board's ’s written consent, unless and to the extent that the Confidential Information, (i) becomes generally known to and available for use by the public other than as a result of Executive's ’s acts or omissions to act, (ii) was known to Executive prior to Executive's ’s employment with Employer, the Company or any of their Subsidiaries and Affiliates or (iii) is required to be disclosed pursuant to any applicable law, court order or other governmental decree. Executive shall deliver to the Company at a Separation, or at any other time the Company may request, all memoranda, notes, plans, records, reports, computer tapes, printouts and software and other documents and data (and copies thereof) relating to the Confidential Information, Work Product (as defined below) or the business of the Company, Employer and their respective Subsidiaries and Affiliates (including, without limitation, all acquisition prospects, lists and contact information) which he may then possess or have under his control.

Obligation to Maintain Confidentiality. Executive acknowledges that the information, observations and data (including trade secrets) obtained by him during the course of his performance under this Agreement concerning the business or affairs of the Company, Employer and their respective Subsidiaries and Affiliates ("CONFIDENTIAL INFORMATION"“Confidential Information”) are the property of the Company, Employer Employer, or such Subsidiaries and Affiliates, including information concerning acquisition opportunities in or reasonably related to the Company's ’s and Employer's ’s business or industry of which Executive becomes aware during the Employment Period. Therefore, Executive agrees that he will not disclose to any unauthorized Person or use for his own account (for his commercial advantage or otherwise) any Confidential Information without the Board's ’s written consent, unless and to the extent that the Confidential Information, (i) becomes generally known to and available for use by the public other than as a result of Executive's ’s acts or omissions to act, (ii) was known to Executive prior to Executive's ’s employment with Employer, the Company or any of their Subsidiaries and Affiliates or (iii) is required to be disclosed pursuant to any applicable law, court order or other governmental decree. Executive shall deliver to the Company at a Separation, or at any other time the Company may request, all memoranda, notes, plans, records, reports, computer tapes, printouts and software and other documents and data (and copies thereof) relating to the Confidential Information, Work Product (as defined below) or the business of the Company, Employer and their respective Subsidiaries and Affiliates (including, without limitation, all acquisition prospects, lists and contact information) which he may then possess or have under his control.

Obligation to Maintain Confidentiality. Executive Employee acknowledges that the information, observations and data (including trade secrets) obtained by him Employee during the course of his performance under this Agreement Employee's employment with Employer or its Affiliates, (including prior to the date hereof) concerning the business or affairs of the Company, Employer and their respective Subsidiaries and and/or its Affiliates ("CONFIDENTIAL INFORMATION"“Confidential Information”) are the property of the Company, Employer or such Subsidiaries and Affiliates, including information concerning acquisition opportunities in or reasonably related to the Company's and Employer's business or industry of which Executive becomes Employee was made aware prior to or during the Employment Period. Therefore, Executive Employee agrees that he Employee will not disclose to any unauthorized Person or use for his Employee's own account (for his commercial advantage or otherwise) benefit any Confidential Information without the Board's written consent, unless and to the extent that the Confidential Information, Information (i) becomes generally known to and available for use by the public other than as a result of Executive's Employee’s acts or omissions to act, (ii) was known to Executive Employee prior to ExecutiveEmployee's employment with Employer, the Company Employer or any of their Subsidiaries and Affiliates its Affiliates, or (iii) is required to be disclosed pursuant to any applicable law, law or court order or other governmental decreeorder. Executive Employee shall deliver to Employer, in the Company at event of a SeparationSeparation , or at any other time the Company Employer may request, all memoranda, notes, plans, records, reports, computer tapes, printouts and software and other documents and data (and copies thereof) relating to the Confidential Information, Work Product (as defined below) or the business of the Company, Employer and their respective Subsidiaries and its Affiliates (including, without limitation, all acquisition prospects, lists and contact information) which he Employee may then possess or have under his Employee's control.

Obligation to Maintain Confidentiality. Executive acknowledges that the information, observations and data (including trade secrets) of a confidential, proprietary or secret nature obtained by him during the course of his performance under this Agreement concerning the business or affairs of the Company, Employer and their respective Subsidiaries and Affiliates ("CONFIDENTIAL INFORMATION"“Confidential Information”) are the property of the Company, Employer or such Subsidiaries and Affiliates, including information concerning acquisition opportunities in or reasonably related to the Company's ’s and Employer's ’s business or industry of which Executive becomes aware during the Employment Period. Therefore, Executive agrees that he will not disclose to any unauthorized Person or use for his own account (for his commercial advantage or otherwise) any Confidential Information without the Board's ’s written consent, unless and to the extent that the Confidential Information, , (i) becomes generally known to and available for use by the public other than as a result of Executive's ’s acts or omissions to act, (ii) was known to Executive prior to Executive's ’s employment with Employer, the Company or any of their Subsidiaries and Affiliates Affiliates, or (iii) is required to be disclosed pursuant to any applicable law, law or court order or other governmental decreeorder. Executive shall deliver to the Company at a Separation, or at any other time the Company may request, all memoranda, notes, plans, records, reports, computer tapes, printouts and software and other documents and data (and copies thereof) relating to the Confidential Information, Work Product (as defined below) or the business of the Company, Employer and their respective Subsidiaries and Affiliates (including, without limitation, all acquisition prospects, lists and contact information) which he may then possess or have under his control.

Obligation to Maintain Confidentiality. Executive acknowledges that the information, observations information and data (including trade secrets) obtained by him during the course of his employment with the Company and/or its Subsidiaries and Affiliates and his performance under this Agreement concerning the business or and affairs of the Company, Employer Company and their respective Subsidiaries and Affiliates ("CONFIDENTIAL INFORMATION") are the property of the Company, Employer or such its Subsidiaries and Affiliates, including information concerning acquisition opportunities in or reasonably related to the Company's ’s and Employer's its Subsidiaries’ or Affiliates’ business or industry of which Executive becomes aware during his employment with the Company and/or its Subsidiaries and Affiliates during the Employment PeriodPeriod and any time thereafter (collectively, “Confidential Information”), are the property of the Company or such Subsidiaries and Affiliates. Therefore, Executive agrees that he will not disclose to any unauthorized Person or use for his own account (for his commercial advantage or otherwise) any Confidential Information without the Board's ’s prior written consent, unless and to the extent that the Confidential Information, (i) becomes generally known to and available for use by the public other than as a result of Executive's acts or omissions to act, (ii) was known to Executive prior to Executive's employment with Employer, the Company or any of their Subsidiaries and Affiliates or (iii) is required to be disclosed pursuant to any applicable law, court order or other governmental decree. Executive shall agrees to deliver to the Company at a Separation, or at any other time the Company may requestrequest in writing, all memoranda, notes, plans, records, reports, computer tapes, printouts and software reports and other documents and data (and copies thereof) relating to the Confidential Information, Work Product (as defined below) or the business of the Company, Employer Company and their respective its Subsidiaries and Affiliates (including, without limitation, all acquisition prospects, lists and contact information) which he may then possess or have under his control. Notwithstanding the foregoing, the restrictions contained herein shall not apply to any information which Executive can demonstrate by written record (i) was already available to the public, otherwise than by breach of this Agreement, or (ii) was the subject of a court order for Executive to disclose, provided that Executive shall give the Company prompt notice of any and all such requests for disclosure so that it may take all necessary or desired action to avoid or limit disclosure.

Obligation to Maintain Confidentiality. Executive acknowledges that the information, observations and data (including trade secrets) obtained by him during the course of his performance under this Agreement concerning the business or affairs of the CompanyEmployer, Employer and their respective its Subsidiaries and Affiliates ("CONFIDENTIAL INFORMATIONConfidential Information") are the property of the CompanyEmployer, Employer or such its Subsidiaries and Affiliates, as applicable, including information concerning acquisition opportunities in or reasonably related to the Company's and Employer's Employer 's, its Subsidiaries' and/or Affiliates' business or industry of which Executive becomes aware during the Employment Period. Therefore, Executive agrees that he will not disclose to any unauthorized Person or use for his own account (for his commercial advantage or otherwise) any Confidential Information without the Board's written consent, unless and to the extent that the Confidential Information, (i) becomes generally known to and available for use by the public other than as a result of Executive's acts or omissions to act, (ii) was known to Executive prior to Executive's employment with Employer, the Company Employer or any of their its Subsidiaries and or Affiliates or (iii) is required to be disclosed pursuant to any applicable law, court order or other governmental decree. Executive shall deliver to Employer on the Company at a Separationdate of termination , or at any other time the Company Employer may request, all memoranda, notes, plans, records, reports, computer tapes, printouts and software and other documents and data (and copies thereof) relating to the Confidential Information, Work Product (as defined below) or the business of the CompanyEmployer, Employer and their respective its Subsidiaries and Affiliates (including, without limitation, all acquisition prospects, lists and contact information) which he may then possess or have under his control.

Obligation to Maintain Confidentiality. Executive acknowledges that the information, observations and data (including trade secrets) obtained by him during the course of his performance in the positions that he has held and shall hold under this Agreement concerning the business or affairs of the Company, Employer and their respective Subsidiaries and Affiliates ("CONFIDENTIAL INFORMATION"“Confidential Information”) are the property of the Company, Employer or such Subsidiaries and Affiliates, including information concerning acquisition opportunities in or reasonably related to the Company's ’s and Employer's ’s business or industry of which Executive becomes aware during the Employment Period. Therefore, Executive agrees that he will not disclose to any unauthorized Person or use for his own account (for his commercial advantage or otherwise) any Confidential Information without the Board's ’s written consent, unless and to the extent that the Confidential Information, (i) becomes generally known to and available for use by the public other than as a result of Executive's ’s acts or omissions to act, ; (ii) was known to Executive prior to Executive's ’s employment with Employer, the Company or any of their Subsidiaries and Affiliates Affiliates; or (iii) is required to be disclosed pursuant to any applicable law, court order or other governmental decree. Executive shall deliver to the Company at a Separation, or at any other time the Company may request, all memoranda, notes, plans, records, reports, computer tapes, printouts and software and other documents and data (and copies thereof) relating to the Confidential Information, Work Product (as defined below) or the business of the Company, Employer and their respective Subsidiaries and Affiliates (including, without limitation, all acquisition prospects, lists and contact information) which he may then possess or have under his control.

Obligation to Maintain Confidentiality. Executive acknowledges that the information, observations information and data (including trade secrets) obtained by him during the course of his employment with the Company and/or its Subsidiaries and Affiliates and his performance under this Agreement concerning the business or and affairs of the Company, Employer Company and their respective Subsidiaries and Affiliates ("CONFIDENTIAL INFORMATION") are the property of the Company, Employer or such its Subsidiaries and Affiliates, ,including information concerning acquisition opportunities in or reasonably related to the Company's and Employer's its Subsidiaries' or Affiliates' business or industry of which Executive becomes aware during his employment with the Company and/or its Subsidiaries and Affiliates prior to the date hereof and during the Employment PeriodPeriod (collectively, "Confidential Information"), are the property of the Company or such Subsidiaries and Affiliates. Therefore, Executive Exutive agrees that he will not disclose to any unauthorized Person or use for his own account (for his commercial advantage or otherwise) any Confidential Information without the Board's prior written consent, unless and to the extent that the Confidential Information, (i) becomes generally known to and available for use by the public other than as a result of Executive's acts or omissions to act, (ii) was known to Executive prior to Executive's employment with Employer, the Company or any of their Subsidiaries and Affiliates or (iii) is required to be disclosed pursuant to any applicable law, court order or other governmental decree. Executive shall agrees to deliver to the Company at a Separation, or at any other time the Company may requestrequest in writing, all memoranda, notes, plans, records, reports, computer tapes, printouts and software reports and other documents and data (and copies thereof) relating to the Confidential Information, Work Product (as defined below) or the business of the Company, Employer Company and their respective its Subsidiaries and Affiliates (including, without limitation, all acquisition prospects, lists and contact information) which he may then possess or have under his control. Notwithstanding the foregoing, the restrictions contained herein shall not apply to any information which Executive can demonstrate by written record (i) was already available to the public, otherwise than by breach of this Agreement, or (ii) was the subject of a court order for Executive to disclose, provided that Executive shall give the Company prompt notice of any and all such requests for disclosure so that it may take all necessary or desired action to avoid or limit disclosure.

Obligation to Maintain Confidentiality. Executive acknowledges that the information, observations and data (including trade secrets) obtained by him during the course of his performance under this Agreement concerning the 14 business or affairs of the Company, Employer and their respective Subsidiaries and Affiliates ("CONFIDENTIAL INFORMATION") are the property of the Company, Employer or such Subsidiaries and Affiliates, including information concerning acquisition opportunities in or reasonably related to the Company's and Employer's business or industry of which Executive becomes aware during the Employment Period. Therefore, Executive agrees that he will not disclose to any unauthorized Person or use for his own account (for his commercial advantage or otherwise) any Confidential Information without the Board's written consent, unless and to the extent that the Confidential Information, (i) becomes generally known to and available for use by the public other than as a result of Executive's acts or omissions to act, (ii) was known to Executive prior to Executive's employment with Employer, the Company or any of their Subsidiaries and Affiliates or (iii) is required to be disclosed pursuant to any applicable law, court order or other governmental decree. Executive shall deliver to the Company at a Separation, or at any other time the Company may request, all memoranda, notes, plans, records, reports, computer tapes, printouts and software and other documents and data (and copies thereof) relating to the Confidential Information, Work Product (as defined below) or the business of the Company, Employer and their respective Subsidiaries and Affiliates (including, without limitation, all acquisition prospects, lists and contact information) which he may then possess or have under his control.

Obligation to Maintain Confidentiality. Executive acknowledges that the information, observations and data (including trade secrets) obtained by him during the course of his performance under this Agreement concerning the business or affairs of the CompanyEmployer, Employer and their respective its Subsidiaries and Affiliates ("CONFIDENTIAL INFORMATION"“Confidential Information”) are the property of the CompanyEmployer, Employer or such its Subsidiaries and Affiliates, as applicable, including information concerning acquisition opportunities in or reasonably related to the Company's and Employer's 's, its Subsidiaries' and/or Affiliates' business or industry of which Executive becomes aware during the Employment Period. Therefore, Executive agrees that he will not disclose to any unauthorized Person or use for his own account (for his commercial advantage or otherwise) any Confidential Information without the Board's written consent, unless and to the extent that the Confidential Information, (i) becomes generally known to and available for use by the public other than as a result of Executive's acts or omissions to act, (ii) was known to Executive prior to Executive's employment with Employer, the Company Employer or any of their its Subsidiaries and or Affiliates or (iii) is required to be disclosed pursuant to any applicable law, court order or other governmental decree. Executive shall deliver to Employer on the Company at a Separationdate of termination, or at any other time the Company Employer may request, all memoranda, notes, plans, records, reports, computer tapes, printouts and software and other documents and data (and copies thereof) relating to the Confidential Information, Work Product (as defined below) or the business of the CompanyEmployer, Employer and their respective its Subsidiaries and Affiliates (including, without limitation, all acquisition prospects, lists and contact information) which he may then possess or have under his control.

Obligation to Maintain Confidentiality. Executive Employee acknowledges that the information, observations and data (including trade secrets) obtained by him Employee during the course of his performance under this Agreement Employee's employment with Employer or its Affiliates, (including prior to the date hereof) concerning the business or affairs of the Company, Employer and their respective Subsidiaries and and/or its Affiliates ("CONFIDENTIAL INFORMATION"“Confidential Information”') are the property of the Company, Employer or such Subsidiaries and Affiliates, including information concerning acquisition opportunities in or reasonably related to the Company's and Employer's business or industry of which Executive becomes Employee was made aware prior to or during the Employment Period. Therefore, Executive Employee agrees that he Employee will not disclose to any unauthorized Person or use for his Employee's own account (for his commercial advantage or otherwise) benefit any Confidential Information without the Board's written consentInformation, unless and to the extent that the Confidential Information, Information (i) becomes generally known to and available for use by the public other than as a result of ExecutiveEmployee's acts or omissions to act, (ii) was known to Executive Employee prior to ExecutiveEmployee's employment with Employer, the Company Employer or any of their Subsidiaries and Affiliates its Affiliates, or (iii) is required to be disclosed pursuant to any applicable law, law or court order or other governmental decreeorder. Executive Employee shall deliver to Employer, in the Company at event of a Separation, or at any other time the Company Employer may request, request all memoranda, notes, plans, records, reports, computer tapes, printouts and software and other documents and data (and copies thereof) relating to the Confidential Information, Work Product (as defined below) or the business of the Company, Employer and their respective Subsidiaries and its Affiliates (including, without limitation, all acquisition prospects, lists and contact information) which he Employee may then possess or have under his Employee's control.

Obligation to Maintain Confidentiality. Executive acknowledges that the information, observations and data (including trade secrets) obtained by him her during the course of his her performance under this Agreement concerning the business or affairs of the Company, Employer and their respective Subsidiaries and Affiliates ("CONFIDENTIAL INFORMATION"“Confidential Information”) are the property of the Company, Employer or such Subsidiaries and Affiliates, including information concerning acquisition opportunities in or reasonably related to the Company's ’s and Employer's ’s business or industry of which Executive becomes aware during the Employment Period. Therefore, Executive agrees that he she will not disclose to any unauthorized Person or use for his her own account (for his commercial advantage or otherwise) any Confidential Information without the Board's ’s written consent, unless and to the extent that the Confidential Information, (i) becomes generally known to and available for use by the public other than as a result of Executive's ’s acts or omissions to act, (ii) was known to Executive prior to Executive's ’s employment with Employer, the Company or any of their Subsidiaries and Affiliates or (iii) is required to be disclosed pursuant to any applicable law, court order or other governmental decree. Executive shall deliver to the Company at a Separation, or at any other time the Company may request, all memoranda, notes, plans, records, reports, computer tapes, printouts and software and other documents and data (and copies thereof) relating to the Confidential Information, Work Product (as defined below) or the business of the Company, Employer and their respective Subsidiaries and Affiliates (including, without limitation, all acquisition prospects, lists and contact information) which he she may then possess or have under his her control.