Common use of Original Development Clause in Contracts

Original Development. Employee further represents and warrants to the Company that all work that Employee performs for or has performed for the Company, and all Work Product that Employee produces or has produced for the Company, which is defined to include but is not limited to all intellectual property, patents, trademarks, copyrights and trade secrets, and any applications therefore, literary works, software, documentation, memoranda, musical works, photographs, artwork, sound recordings, audiovisual works, ideas, designs, inventions, discoveries, improvements, processes, algorithms, and so forth (“Work Product”), to Employee’s knowledge will not knowingly infringe upon or violate and Employee has not knowingly infringed upon or violated any patent, copyright, trade secret, or other property right of any of Employee’s former employers or of any other third party. Employee has not and will not disclose to the Company, and has not and will not use in any of Employee’s Work Product, any confidential or proprietary information belonging to others, unless both the owner thereof and the Company have consented. Employee further acknowledges and agrees that the damages resulting from any breach of the foregoing covenants may be intangible in whole or in part and that the Company is entitled to seek specific enforcement, injunctive relief and other equitable remedies in addition to monetary damages and legal remedies, and Employee hereby stipulates to the entering of such injunctive relief enforcing the provisions of this Section. Employee hereby waives any bond or similar requirements for granting such injunctive relief.

Appears in 4 contracts

Samples: Employment Agreement (Endostim, Inc.), Employment Agreement (Endostim, Inc.), Employment Agreement (Endostim, Inc.)

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