Ownership of Information, Ideas, Concepts, Improvements, Discoveries and Inventions and All Original Works of Authorship. (a) All information, ideas, concepts, improvements, discoveries and inventions, whether patentable or not, which are conceived, made, developed or acquired by Employee or which are disclosed or made known to Employee, individually or in conjunction with others, during Employee's employment by the Company and which relate to the Company's business, products or services (including but not limited to all such information relating to corporate opportunities, research, financial and sales data, pricing and trading terms, evaluations, opinions, interpretations, acquisition prospects, the identity of customers or their requirements, the identity of key contacts within the customer's organization or within the organization of acquisition prospects, or marketing and merchandising techniques, prospective names and marks), are and shall be the sole and exclusive property of the Company. Moreover, all drawings, memoranda, notes, records, files, correspondence, manuals, models, specifications, computer programs, maps and all other writings or materials of any type embodying any of such information, ideas, concepts, improvements, discoveries and inventions are and shall be the sole and exclusive property of the Company. (b) In particular, Employee hereby specifically sells, assigns and transfers to the Company all of his worldwide right, title and interest in and to all such information, ideas, concepts, improvements, discoveries or inventions described in Section 2.3 (a) above, and any United States or foreign applications for patents, inventor's certificates or other industrial rights that may be filed thereon, including divisions, continuations, continuations-in-part, reissues and/or extensions thereof, and applications for registration of such names and marks. Both during the period of Employee's employment by the Company and thereafter, Employee shall assist the Company and its nominees at all times in the protection of such information, ideas, concepts, improvements, discoveries or inventions both in the United States and all foreign countries, including but not limited to the execution of all lawful oaths and all assignment documents requested by the Company or its nominee in connection with the preparation, prosecution, issuance or enforcement of any applications for United States or foreign letters patent, including divisions, continuations, continuations-in-part, reissues, and/or extensions thereof, and any application for the registration of such names and marks. (c) Moreover, if during Employee's employment by the Company, Employee creates any original work of authorship fixed in any tangible medium of expression which is the subject matter of copyright (such as videotapes, written presentations on acquisitions, computer programs, drawing, maps, architectural renditions, models, manuals, brochures or the like) relating to the Company's business, products, or services, whether such work is created solely by Employee or jointly with others, the Company shall be deemed the author of such work if the work is prepared by Employee in the scope of his or her employment; or, if the work is not prepared by Employee within the scope of his or her employment but is specially ordered by Company as a contribution to a collective work, as a part of a motion picture or other audiovisual work, as a translation, as a supplementary work, as a compilation or as an instructional text, then the work shall be considered to be work made for hire and the Company shall be considered the author of the work. In the event such work is neither prepared by the Employee within the scope of his or her employment or is not a work specially ordered and deemed to be a work made for hire, then Employee hereby agrees to assign, and by these presents, does assign, to the Company all of Employee's worldwide right, title and interest in and to the work and all rights of copyright therein. Both during the period of Employee's employment by the Company and thereafter, Employee agrees to assist the Company and its nominee, at any time, in protection of the Company's worldwide right, title and interest in and to the work and all rights of copyright therein, including but not limited to, the execution of all formal assignment documents requested by the Company or its nominees and the execution of all lawful oaths and applications for registration of copyright in the United States and foreign countries.
Appears in 9 contracts
Samples: Employment Agreement (Service Corp International), Employment Agreement (Service Corp International), Employment Agreement (Service Corp International)
Ownership of Information, Ideas, Concepts, Improvements, Discoveries and Inventions and All Original Works of Authorship. (a) All information, ideas, concepts, improvements, discoveries and inventions, whether patentable or not, which are conceived, made, developed or acquired by Employee or which are disclosed or made known to Employee, individually or in conjunction with others, during Employee's employment by the Company and which relate to the Company's business, products or services (including but not limited to all such information relating to corporate opportunities, research, financial and sales data, pricing and trading terms, evaluations, opinions, interpretations, acquisition prospects, the identity of customers or their requirements, the identity of key contacts within the customer's organization or within the organization of acquisition prospects, or marketing and merchandising techniques, prospective names and marks), are and shall be the sole and exclusive property of the Company. Moreover, all drawings, memoranda, notes, records, files, correspondence, manuals, models, specifications, computer programs, maps and all other writings or materials of any type embodying any of such information, ideas, concepts, improvements, discoveries and inventions are and shall be the sole and exclusive property of the Company.
(b) In particular, Employee hereby specifically sells, assigns and transfers to the Company all of his Employee’s worldwide right, title and interest in and to all such information, ideas, concepts, improvements, discoveries or inventions described in Section 2.3 2.4 (a) above, and any United States or foreign applications for patents, inventor's certificates or other industrial rights that may be filed thereon, including divisions, continuations, continuations-in-part, reissues and/or extensions thereof, and applications for registration of such names and marks. Both during the period of Employee's employment by the Company and thereafter, Employee shall assist the Company and its nominees at all times in the protection of such information, ideas, concepts, improvements, discoveries or inventions both in the United States and all foreign countries, including but not limited to the execution of all lawful oaths and all assignment documents requested by the Company or its nominee in connection with the preparation, prosecution, issuance or enforcement of any applications for United States or foreign letters patent, including divisions, continuations, continuations-in-part, reissues, and/or extensions thereof, and any application for the registration of such names and marks.
(c) Moreover, if during Employee's employment by the Company, Employee creates any original work of authorship fixed in any tangible medium of expression which is the subject matter of copyright (such as videotapes, written presentations on acquisitions, computer programs, drawing, maps, architectural renditions, models, manuals, brochures or the like) relating to the Company's business, products, or services, whether such work is created solely by Employee or jointly with others, the Company shall be deemed the author of such work if the work is prepared by Employee in the scope of his or her Employee’s employment; or, if the work is not prepared by Employee within the scope of his or her Employee’s employment but is specially ordered by Company as a contribution to a collective work, as a part of a motion picture or other audiovisual work, as a translation, as a supplementary work, as a compilation or as an instructional text, then the work shall be considered to be work made for hire and the Company shall be considered the author of the work. In the event such work is neither prepared by the Employee within the scope of his or her Employee’s employment or is not a work specially ordered and deemed to be a work made for hire, then Employee hereby agrees to assign, and by these presents, does assign, to the Company all of Employee's worldwide right, title and interest in and to the work and all rights of copyright therein. Both during the period of Employee's employment by the Company and thereafter, Employee agrees to assist the Company and its nominee, at any time, in protection of the Company's worldwide right, title and interest in and to the work and all rights of copyright therein, including but not limited to, the execution of all formal assignment documents requested by the Company or its nominees and the execution of all lawful oaths and applications for registration of copyright in the United States and foreign countries.
Appears in 7 contracts
Samples: Employment Agreement (Service Corp International), Employment Agreement (Service Corp International), Employment Agreement (Service Corp International)
Ownership of Information, Ideas, Concepts, Improvements, Discoveries and Inventions and All Original Works of Authorship. (a) 10.1 All information, ideas, concepts, improvements, discoveries and inventions, whether patentable or not, which are conceived, made, developed or acquired by the Employee or which are disclosed or made known to the Employee, individually or in conjunction with others, during the Employee's ’s employment by the Company and which relate to the Company's business, products or services of the Company or its Affiliates (including but not limited to including, without limitation, all such information relating to corporate opportunities, research, financial and sales data, pricing and trading terms, evaluations, opinions, interpretations, acquisition prospects, the identity of customers or their requirements, the identity of key contacts within the customer's organization customers’ organizations or within the organization of acquisition prospects, or marketing and merchandising techniques, and prospective names and service marks), ) are and shall be the sole and exclusive property of the Company. MoreoverFurthermore, all drawings, memoranda, notes, records, files, correspondence, manuals, models, specifications, computer programs, maps and all other writings or materials of any type embodying any of such information, ideas, concepts, improvements, discoveries and inventions are and shall be the sole and exclusive property of the Company.
(b) 10.2 In particular, the Employee hereby specifically sells, assigns assigns, transfers and transfers conveys to the Company all of his worldwide right, title and interest in and to all such information, ideas, concepts, improvements, discoveries or inventions described in Section 2.3 (a) aboveinventions, and any United States or foreign applications for patents, inventor's ’s certificates or other industrial rights that which may be filed thereonin respect thereof, including divisions, continuations, continuations-in-part, reissues and/or extensions thereof, and applications for registration of such names and service marks. Both during the period of Employee's employment by the Company and thereafter, The Employee shall assist the Company and its nominees nominee at all times times, during the Employment Period and thereafter, in the protection of such information, ideas, concepts, improvements, discoveries or inventions inventions, both in the United States and all foreign countries, including which assistance shall include, but shall not be limited to to, the execution of all lawful oaths and all assignment documents requested by the Company or its nominee in connection with the preparation, prosecution, issuance or enforcement of any applications for United States or foreign letters patent, including divisions, continuations, continuations-in-part, reissues, reissues and/or extensions thereof, and any application for the registration of such names and service marks.
(c) Moreover10.3 In the event the Employee creates, if during Employee's employment by the CompanyEmployment Period, Employee creates any original work of authorship fixed in any tangible medium of expression which is the subject matter of copyright (such as as, videotapes, written presentations on acquisitions, computer programs, drawingdrawings, maps, architectural renditions, models, manuals, brochures or the like) relating to the Company's ’s business, products, products or services, whether such work is created solely by the Employee or jointly with others, the Company shall be deemed the author of such work if the work is prepared by the Employee in the scope of his or her employment; or, if the work is not prepared by the Employee within the scope of his or her employment but is specially ordered by the Company as a contribution to a collective work, as a part of a motion picture or other audiovisual work, as a translation, as a supplementary work, as a compilation or as an instructional text, then the work shall be considered to be work made for hire hire, and the Company shall be considered the author of the such work. In the event If such work is neither prepared by the Employee within the scope of his or her employment or is not nor a work specially ordered and deemed to be a work made for hire, then the Employee hereby agrees to assignsell, transfer, assign and convey, and by these presents, does assignsell, transfer, assign and convey, to the Company all of the Employee's ’s worldwide right, title and interest in and to the such work and all rights of copyright therein. Both during the period of Employee's employment by the Company and thereafter, The Employee agrees to assist the Company and its nomineeAffiliates, at any timeall times, during the Employment Period and thereafter, in the protection of the Company's ’s worldwide right, title and interest in and to the such work and all rights of copyright therein, including which assistance shall include, but shall not be limited to, the execution of all formal assignment documents requested by the Company or its nominees nominee and the execution of all lawful oaths and applications for registration of copyright in the United States and foreign countries.
Appears in 6 contracts
Samples: Restructuring Support Agreement (Petroquest Energy Inc), Executive Employment Agreement (Petroquest Energy Inc), Executive Employment Agreement (Petroquest Energy Inc)
Ownership of Information, Ideas, Concepts, Improvements, Discoveries and Inventions and All Original Works of Authorship. (a) 10.1 All references in this Section 10 to the Company shall mean and include its Affiliates. All information, ideas, concepts, improvements, discoveries and inventions, whether patentable or not, which are conceived, made, developed or acquired by Employee the Executive or which are disclosed or made known to Employeethe Executive, individually or in conjunction with others, during Employee's the Executive’s employment by the Company and which relate to the Company's business, products or services of the Company or its Affiliates (including but not limited to including, without limitation, all such information relating to research and development of drugs, drug discovery and manufacturing processes, corporate opportunities, research, financial and sales data, pricing and trading terms, evaluations, opinions, interpretations, acquisition prospects, the identity of customers or their requirements, the identity of key contacts within the customer's organization or within the organization of acquisition prospectscustomers’ organizations, or marketing and merchandising techniques, and prospective names and service marks), ) are and shall be the sole and exclusive property of the Company. MoreoverFurthermore, all drawings, memoranda, notes, records, files, correspondence, manuals, models, specifications, computer programs, maps and all other writings or materials of any type embodying any of such information, ideas, concepts, improvements, discoveries and inventions are and shall be the sole and exclusive property of the Company.
(b) 10.2 In particular, Employee the Executive hereby specifically sells, assigns assigns, transfers and transfers conveys to the Company all of his worldwide right, title and interest in and to all such information, ideas, concepts, improvements, discoveries or inventions described in Section 2.3 (a) aboveinventions, and any United States or foreign applications for patents, inventor's ’s certificates or other industrial rights that which may be filed thereonin respect thereof, including divisions, continuations, continuations-in-part, reissues and/or extensions thereof, and applications for registration of such names and service marks. Both during the period of Employee's employment by the Company and thereafter, Employee The Executive shall assist the Company and its nominees nominee at all times times, during the Employment Period and thereafter, in the protection of such information, ideas, concepts, improvements, discoveries or inventions inventions, both in the United States and all foreign countries, including which assistance shall include, but shall not be limited to to, the execution of all lawful oaths and all assignment documents requested by the Company or its nominee in connection with the preparation, prosecution, issuance or enforcement of any applications for United States or foreign letters patent, including divisions, continuations, continuations-in-part, reissues, reissues and/or extensions thereof, and any application for the registration of such names and service marks.
(c) Moreover10.3 In the event the Executive creates, if during Employee's employment by the CompanyEmployment Period, Employee creates any original work of authorship fixed in any tangible medium of expression which is the subject matter of copyright (such as as, videotapes, written presentations on acquisitions, computer programs, drawingdrawings, maps, architectural renditions, models, manuals, brochures or the like) relating to the Company's ’s business, products, products or services, whether such work is created solely by Employee the Executive or jointly with others, the Company shall be deemed the author of such work if the work is prepared by Employee the Executive in the scope of his or her employment; or, if the work is not prepared by Employee the Executive within the scope of his or her employment but is specially ordered by the Company as a contribution to a collective work, as a part of a motion picture or other audiovisual work, as a translation, as a supplementary work, as a compilation or as an instructional text, then the work shall be considered to be work made for hire hire, and the Company shall be considered the author of the such work. In the event If such work is neither prepared by the Employee Executive within the scope of his or her employment or is not nor a work specially ordered and deemed to be a work made for hire, then Employee the Executive hereby agrees to assignsell, transfer, assign and convey, and by these presents, does assignsell, transfer, assign and convey, to the Company all of Employee's the Executive’s worldwide right, title and interest in and to the such work and all rights of copyright therein. Both during the period of Employee's employment by the Company and thereafter, Employee The Executive agrees to assist the Company and its nomineeAffiliates, at any timeall times, during the Employment Period and thereafter, in the protection of the Company's ’s worldwide right, title and interest in and to the such work and all rights of copyright therein, including which assistance shall include, but shall not be limited to, the execution of all formal assignment documents requested by the Company or its nominees nominee and the execution of all lawful oaths and applications for registration of copyright in the United States and foreign countries.
10.4 The provisions of this Section 10 shall not supersede any proprietary information agreement (the “Proprietary Agreement”) between the Executive and the Company which shall remain in full force and effect and, moreover, this Agreement, the Proprietary Agreement and any such other similar agreement between the parties shall be construed and applied as being mutually consistent to the fullest extent possible.
Appears in 5 contracts
Samples: Termination Agreement (Encysive Pharmaceuticals Inc), Termination Agreement (Encysive Pharmaceuticals Inc), Termination Agreement (Encysive Pharmaceuticals Inc)
Ownership of Information, Ideas, Concepts, Improvements, Discoveries and Inventions and All Original Works of Authorship. (a) All information, ideas, concepts, improvements, discoveries and inventions, whether patentable or not, which are conceived, made, developed or acquired by Employee or which are disclosed or made known to Employee, individually or in conjunction with others, during Employee's ’s employment by the Company and which relate to the Company's ’s business, products or services (including but not limited to all such information relating to corporate opportunities, research, financial and sales data, pricing and trading terms, evaluations, opinions, interpretations, acquisition prospects, the identity of customers or their requirements, the identity of key contacts within the customer's ’s organization or within the organization of acquisition prospects, or marketing and merchandising techniques, prospective names and marks), are and shall be the sole and exclusive property of the Company. Moreover, all drawings, memoranda, notes, records, files, correspondence, manuals, models, specifications, computer programs, maps and all other writings or materials of any type embodying any of such information, ideas, concepts, improvements, discoveries and inventions are and shall be the sole and exclusive property of the Company.
(b) In particular, Employee hereby specifically sells, assigns and transfers to the Company all of his worldwide right, title and interest in and to all such information, ideas, concepts, improvements, discoveries or inventions described in Section 2.3 (a) above, and any United States or foreign applications for patents, inventor's ’s certificates or other industrial rights that may be filed thereon, including divisions, continuations, continuations-in-part, reissues and/or extensions thereof, and applications for registration of such names and marks. Both during the period of Employee's ’s employment by the Company and thereafter, Employee shall assist the Company and its nominees at all times in the protection of such information, ideas, concepts, improvements, discoveries or inventions both in the United States and all foreign countries, including but not limited to the execution of all lawful oaths and all assignment documents requested by the Company or its nominee in connection with the preparation, prosecution, issuance or enforcement of any applications for United States or foreign letters patent, including divisions, continuations, continuations-in-part, reissues, and/or extensions thereof, and any application for the registration of such names and marks.
(c) Moreover, if during Employee's ’s employment by the Company, Employee creates any original work of authorship fixed in any tangible medium of expression which is the subject matter of copyright (such as videotapes, written presentations on acquisitions, computer programs, drawing, maps, architectural renditions, models, manuals, brochures or the like) relating to the Company's ’s business, products, or services, whether such work is created solely by Employee or jointly with others, the Company shall be deemed the author of such work if the work is prepared by Employee in the scope of his or her employment; or, if the work is not prepared by Employee within the scope of his or her employment but is specially ordered by Company as a contribution to a collective work, as a part of a motion picture or other audiovisual work, as a translation, as a supplementary work, as a compilation or as an instructional text, then the work shall be considered to be work made for hire and the Company shall be considered the author of the work. In the event such work is neither prepared by the Employee within the scope of his or her employment or is not a work specially ordered and deemed to be a work made for hire, then Employee hereby agrees to assign, and by these presents, does assign, to the Company all of Employee's ’s worldwide right, title and interest in and to the work and all rights of copyright therein. Both during the period of Employee's ’s employment by the Company and thereafter, Employee agrees to assist the Company and its nominee, at any time, in protection of the Company's ’s worldwide right, title and interest in and to the work and all rights of copyright therein, including but not limited to, the execution of all formal assignment documents requested by the Company or its nominees and the execution of all lawful oaths and applications for registration of copyright in the United States and foreign countries.
Appears in 5 contracts
Samples: Employment Agreement (Service Corporation International), Employment Agreement (Service Corporation International), Employment Agreement (Service Corporation International)
Ownership of Information, Ideas, Concepts, Improvements, Discoveries and Inventions and All Original Works of Authorship. (a) 3.1 All information, ideas, concepts, improvements, discoveries and inventions, whether patentable or not, which are conceived, made, developed or acquired by Employee or which are disclosed or made known to Employee, individually or in conjunction with others, during Employee's ’s employment by the Company Employer and which relate to the Company's Employer’s business, products or services (including but not limited to all such information relating to corporate opportunities, research, financial and sales data, pricing and trading terms, evaluations, opinions, interpretations, acquisition prospects, the identity of customers or their requirements, the identity of key contacts within the customer's organization ’s organizations or within the organization of acquisition prospects, or marketing and merchandising techniques, prospective names and marks), ) are and shall be the sole and exclusive property of the CompanyEmployer. Moreover, all drawings, memoranda, notes, records, files, correspondence, manuals, models, specifications, computer programs, maps and all other writings or materials of any type embodying any of such information, ideas, concepts, improvements, discoveries and inventions are and shall be the sole and exclusive property of the CompanyEmployer.
(b) 3.2 In particular, Employee hereby specifically sells, assigns and transfers to the Company Employer all of his worldwide right, title and interest in and to all such information, ideas, concepts, improvements, discoveries or inventions described in Section 2.3 (a) aboveinventions, and any United States or foreign applications for patents, inventor's ’s certificates or other industrial rights that may be filed thereon, including divisions, continuations, continuations-in-part, reissues and/or extensions thereof, and applications for registration of such names and marks. Both during During the period of Employee's ’s employment by the Company Employer and thereafter, Employee shall assist the Company Employer and its nominees nominee at all times in the protection of such information, ideas, concepts, improvements, discoveries or inventions inventions, both in the United States and all foreign countries, including but not limited to to, the execution of all lawful oaths and all assignment documents requested by the Company Employer or its nominee in connection with the preparation, prosecution, issuance or enforcement of any applications for United States or foreign letters patent, including divisions, continuations, continuations-in-part, reissues, and/or extensions thereof, and any application for the registration of such names and marks.
(c) 3.3 Moreover, if during Employee's ’s employment by the CompanyEmployer, Employee creates any original work of authorship fixed in any tangible medium of expression which is the subject matter of copyright (such as as, videotapes, written presentations on acquisitions, computer programs, drawingdrawings, maps, architectural renditions, models, manuals, brochures or the like) relating to the Company's Employer’s business, products, or services, whether such work is created solely by Employee or jointly with others, the Company Employer shall be deemed the author of such work if the work is prepared by Employee in the scope of his or her employment; or, if the work is not prepared by Employee within the scope of his or her employment but is specially ordered by Company Employer as a contribution to a collective work, as a part of a motion picture or other audiovisual work, as a translation, as a supplementary work, as a compilation or as an instructional text, then the work shall be considered to be work made for hire and the Company Employer shall be considered the author of the work. In the event such work is neither prepared by the Employee within the scope of his or her employment or is not a work specially ordered and deemed to be a work made for hire, then Employee hereby agrees to assign, and by these presents, does assign, to the Company Employer all of Employee's ’s worldwide right, title and interest in and to the such work and all rights of copyright therein. Both during the period of Employee's ’s employment by the Company Employer and thereafter, Employee agrees to assist the Company Employer and its nominee, at any time, in the protection of the Company's Employer’s worldwide right, title and interest in and to the work and all rights of copyright therein, including but not limited to, the execution of all formal assignment documents requested by the Company Employer or its nominees nominee and the execution of all lawful oaths and applications for registration of copyright in the United States and foreign countries.
Appears in 1 contract
Samples: Executive Employment Agreement (Aecom Technology Corp)
Ownership of Information, Ideas, Concepts, Improvements, Discoveries and Inventions and All Original Works of Authorship. (a) 10.1 All references in this Section 10 to the Company shall mean and include its Affiliates. All information, ideas, concepts, improvements, discoveries and inventions, whether patentable or not, which are conceived, made, developed or acquired by Employee the Executive or which are disclosed or made known to Employeethe Executive, individually or in conjunction with others, during Employee's the Executive’s employment by the Company and which relate to the Company's business, products or services of the Company or its Affiliates (including but not limited to including, without limitation, all such information relating to research and development of drugs, drug discovery and manufacturing processes, corporate opportunities, research, financial and sales data, pricing and trading terms, evaluations, opinions, interpretations, acquisition prospects, the identity of customers or their requirements, the identity of key contacts within the customer's organization or within the organization of acquisition prospectscustomers’ organizations, or marketing and merchandising techniques, and prospective names and service marks), ) are and shall be the sole and exclusive property of the Company. MoreoverFurthermore, all drawings, memoranda, notes, records, files, correspondence, manuals, models, specifications, computer programs, maps and all other writings or materials of any type embodying any of such information, ideas, concepts, improvements, discoveries and inventions are and shall be the sole and exclusive property of the Company.
(b) 10.2 In particular, Employee the Executive hereby specifically sells, assigns assigns, transfers and transfers conveys to the Company all of his worldwide right, title and interest in and to all such information, ideas, concepts, improvements, discoveries or inventions described in Section 2.3 (a) aboveinventions, and any United States or foreign applications for patents, inventor's ’s certificates or other industrial rights that which may be filed thereonin respect thereof, including divisions, continuations, continuations-in-part, reissues and/or extensions thereof, and applications for registration of such names and service marks. Both during The Executive shall, at the period of Employee's employment by the Company and thereafterCompany’s expense, Employee shall assist the Company and its nominees nominee at all times times, during the Employment Period and thereafter, in the protection of such information, ideas, concepts, improvements, discoveries or inventions inventions, both in the United States and all foreign countries, including which assistance shall include, but shall not be limited to to, the execution of all lawful oaths and all assignment documents requested by the Company or its nominee in connection with the preparation, prosecution, issuance or enforcement of any applications for United States or foreign letters patent, including divisions, continuations, continuations-in-part, reissues, reissues and/or extensions thereof, and any application for the registration of such names and service marks.
(c) Moreover10.3 In the event the Executive creates, if during Employee's employment by the CompanyEmployment Period, Employee creates any original work of authorship fixed in any tangible medium of expression which is the subject matter of copyright (such as as, videotapes, written presentations on acquisitions, computer programs, drawingdrawings, maps, architectural renditions, models, manuals, brochures or the like) relating to the Company's ’s business, products, products or services, whether such work is created solely by Employee the Executive or jointly with others, the Company shall be deemed the author of such work if the work is prepared by Employee the Executive in the scope of his or her employment; or, if the work is not prepared by Employee the Executive within the scope of his or her employment but is specially ordered by the Company as a contribution to a collective work, as a part of a motion picture or other audiovisual work, as a translation, as a supplementary work, as a compilation or as an instructional text, then the work shall be considered to be work made for hire hire, and the Company shall be considered the author of the such work. In the event If such work is neither prepared by the Employee Executive within the scope of his or her employment or is not nor a work specially ordered and deemed to be a work made for hire, then Employee the Executive hereby agrees to assignsell, transfer, assign and convey, and by these presents, does assignsell, transfer, assign and convey, to the Company all of Employee's the Executive’s worldwide right, title and interest in and to the such work and all rights of copyright therein. Both during the period of Employee's employment by the Company and thereafter, Employee The Executive agrees to assist the Company and its nomineeAffiliates, at any timeall times, during the Employment Period and thereafter, in the protection of the Company's ’s worldwide right, title and interest in and to the such work and all rights of copyright therein, including which assistance shall include, but shall not be limited to, the execution of all formal assignment documents requested by the Company or its nominees nominee and the execution of all lawful oaths and applications for registration of copyright in the United States and foreign countries.
10.4 The provisions of this Section 10 shall not supersede any proprietary information agreement (the “Proprietary Agreement”) between the Executive and the Company which shall remain in full force and effect and, moreover, this Agreement, the Proprietary Agreement and any such other similar agreement between the parties shall be construed and applied as being mutually consistent to the fullest extent possible.
Appears in 1 contract
Samples: Termination Agreement (Encysive Pharmaceuticals Inc)