Common use of Protection of Confidential Information; Non-Competition Clause in Contracts

Protection of Confidential Information; Non-Competition. 4.1 Executive shall sign, or has signed, a Confidential Information and Invention Assignment Agreement (the “Confidentiality Agreement”). Executive hereby represents and warrants to Company that he has complied with all obligations under the Confidentiality Agreement and agrees to continue to abide by the terms of the Confidentiality Agreement and further agrees that the provisions of the Confidentiality Agreement shall survive any termination of this Agreement or of Executive’s employment relationship with Company. 4.2 Executive hereby agrees that he shall not, during his employment pursuant to this Agreement and for a period of twenty-four (24) months thereafter, do any of the following without the prior written consent of the Board of Directors: (a) carry on any business or activity (whether directly or indirectly, as a partner, shareholder, principal, agent, director, affiliate, employee or consultant) which is competitive with the business conducted by the Company or any of its subsidiaries (as conducted now or as those businesses come to be conducted during the term of Executive’s employment), nor engage in any other activities that conflict with Executive’s obligations to the Company and its subsidiaries. (b) solicit or influence or attempt to influence any client, customer or other person either directly or indirectly, to direct his or its purchase of the products and/or services of the Company or any of its subsidiaries to any person, firm, corporation, institution or other entity in competition with the business of the Company or any of its subsidiaries. (c) solicit or influence or attempt to influence any person employed by or a consultant to the Company or any of its subsidiaries to terminate or otherwise cease his employment or consulting relationship with the Company or any of its subsidiaries or become an employee of any competitor of the Company or its subsidiaries. (d) Executive agrees that breach of this Section 4.2 will cause substantial injury to the Company for which money damages will not provide an adequate remedy, and Executive agrees that the Company shall have the right to obtain injunctive relief, including the right to have this Section 4.2 specifically enforced by any court having equity jurisdiction, in addition to, and not in limitation of, any other remedies available to the Company under applicable law.

Protection of Confidential Information; Non-Competition. 4.1 Executive shall sign, or has signed, sign a Confidential Information and Invention Assignment Agreement (the “Confidentiality Agreement”)) attached hereto as Exhibit [A/B]. Executive hereby represents and warrants to the Company that he has complied with all obligations under the Confidentiality Agreement and agrees to continue to abide by the terms of the Confidentiality Agreement and Agreement, which are incorporated by reference herein. Executive further agrees that the provisions of the Confidentiality Agreement shall survive any termination of this Agreement or of Executive’s employment relationship with the Company. 4.2 Executive hereby agrees that he shall not, during his employment pursuant to this Agreement with the Company and for a period of twenty-four (24) [___] months thereafterfollowing the termination of his employment with the Company for any reason, whether with or without cause, do any of the following following, either directly or indirectly, without the prior written consent of the Board of Directors: (a) carry on any business or activity (whether directly or indirectly, as a partner, shareholder, principal, agent, director, affiliate, employee or consultant) in any parts of the Peoples’ Republic of China where the Company or any of its subsidiaries conduct their business, which is directly competitive with the business conducted by the Company or any of its subsidiaries (as conducted now or as those businesses come to be conducted during the term of Executive’s employment), nor engage in any other activities that conflict with where Executive’s obligations performance of such business or activity has caused, or would or might cause, Executive to disclose, base judgments on or use any Confidential Information (as defined in the Confidentiality Agreement) acquired during or in the course of Executive’s employment with the Company or impair customer, vendor or business partner relations or the Company’s goodwill, or otherwise cause special harm to the Company and its subsidiaries.Company; (b) attempt to negatively influence any of the Company’s and its subsidiaries’ clients or customers from purchasing Company products or services or to solicit or influence or attempt to influence any client, customer or other person either directly or indirectly, to direct his or its purchase of the products and/or services of the Company or any of its subsidiaries to any person, firm, corporation, institution or other entity in competition with the business of the Company or any of and its subsidiaries.; (c) solicit solicit, induce, recruit, encourage, take away or influence or attempt to influence any person employed by or a consultant to the Company or any of its subsidiaries to terminate or otherwise cease his employment or consulting relationship with the Company or any of its subsidiaries or become an employee of any competitor of the Company or its subsidiaries.; and (d) engage in any other activities that conflict with those obligations of Executive to the Company and its subsidiaries that survive the termination of this Agreement or Executive’s employment with the Company. Executive agrees that breach of this Section 4.2 will cause substantial injury to the Company for which money damages will not provide an adequate remedy, and Executive agrees that the Company shall have the right to obtain injunctive relief, including the right to have this Section 4.2 specifically enforced by any court having equity jurisdiction, in addition to, and not in limitation of, any other remedies available to the Company under applicable law. The restrictions in Section 4.2(a) to (d) are regarded by the Company and Executive as fair and reasonable, and the Company and Executive hereby expressly confirm, declare and represent to each other that they are so regarded by them. However, it is hereby declared that each of the restrictions in this Section 4.2 is intended to be separate and severable. If any restriction is held to be unreasonably wide but would be valid if part of the wording were to be deleted or the range of activities or businesses were to be reduced in scope, such restriction will apply with so much of the wording deleted or modified as may be necessary to make it valid.

Protection of Confidential Information; Non-Competition. 4.1 Executive shall sign, or has signed, sign a Confidential Information and Invention Assignment Agreement (the “Confidentiality Agreement”). ) attached hereto as Exhibit B. Executive hereby represents and warrants to the Company that he has complied with all obligations under the Confidentiality Agreement and agrees to continue to abide by the terms of the Confidentiality Agreement and Agreement, which are incorporated by reference herein. Executive further agrees that the provisions of the Confidentiality Agreement shall survive any termination of this Agreement or of Executive’s employment relationship with the Company. 4.2 Executive hereby agrees that he shall not, during his employment pursuant to this Agreement with the Company and for a period of twenty-four twelve (2412) months thereafterfollowing the termination of his employment with the Company for any reason, whether with or without cause, do any of the following following, either directly or indirectly, without the prior written consent of the Board of Directors: (a) carry on any business or activity (whether directly or indirectly, as a partner, shareholder, principal, agent, director, affiliate, employee or consultant) in any parts of the People’s Republic of China where the Company or any of its subsidiaries conduct their business, which is directly competitive with the business conducted by the Company or any of its subsidiaries (as conducted now or as those businesses come to be conducted during the term of Executive’s employment), nor engage in any other activities that conflict with where Executive’s obligations performance of such business or activity has caused, or would or might cause, Executive to disclose, base judgments on or use any Confidential Information (as defined in the Confidentiality Agreement) acquired during or in the course of Executive’s employment with the Company or impair customer, vendor or business partner relations or the Company’s goodwill, or otherwise cause special harm to the Company and its subsidiaries.Company; (b) attempt to negatively influence any of the Company’s and its subsidiaries’ clients or customers from purchasing Company products or services or to solicit or influence or attempt to influence any client, customer or other person either directly or indirectly, to direct his or its purchase of the products and/or services of the Company or any of its subsidiaries to any person, firm, corporation, institution or other entity in competition with the business of the Company or any of and its subsidiaries.; (c) solicit solicit, induce, recruit, encourage, take away or influence or attempt to influence any person employed by or a consultant to the Company or any of its subsidiaries to terminate or otherwise cease his employment or consulting relationship with the Company or any of its subsidiaries or become an employee of any competitor of the Company or its subsidiaries.; and (d) engage in any other activities that conflict with those obligations of Executive to the Company and its subsidiaries that survive the termination of this Agreement or Executive’s employment with the Company. Executive agrees that breach of this Section 4.2 will cause substantial injury to the Company for which money damages will not provide an adequate remedy, and Executive agrees that the Company shall have the right to obtain injunctive relief, including the right to have this Section 4.2 specifically enforced by any court having equity jurisdiction, in addition to, and not in limitation of, any other remedies available to the Company under applicable law. The restrictions in Section 4.2(a) to (d) are regarded by the Company and Executive as fair and reasonable, and the Company and Executive hereby expressly confirm, declare and represent to each other that they are so regarded by them. However, it is hereby declared that each of the restrictions in this Section 4.2 is intended to be separate and severable. If any restriction is held to be unreasonably wide but would be valid if part of the wording were to be deleted or the range of activities or businesses were to be reduced in scope, such restriction will apply with so much of the wording deleted or modified as may be necessary to make it valid.

Protection of Confidential Information; Non-Competition. 4.1 Executive shall sign, or has signed, sign a Confidential Information and Invention Assignment Agreement (the “Confidentiality Agreement”). ) attached hereto as Exhibit B. Executive hereby represents and warrants to the Company that he has complied with all obligations under the Confidentiality Agreement and agrees to continue to abide by the terms of the Confidentiality Agreement and Agreement, which are incorporated by reference herein. Executive further agrees that the provisions of the Confidentiality Agreement shall survive any termination of this Agreement or of Executive’s employment relationship with the Company. 4.2 Executive hereby agrees that he shall not, during his employment pursuant to this Agreement with the Company and for a period of twenty-four twelve (2412) months thereafterfollowing the termination of his employment with the Company for any reason, whether with or without cause, do any of the following following, either directly or indirectly, without the prior written consent of the Board of Directors: (a) carry on any business or activity (whether directly or indirectly, as a partner, shareholder, principal, agent, director, affiliate, employee or consultant) in any parts of the Peoples’ Republic of China where the Company or any of its subsidiaries conduct their business, which is directly competitive with the business conducted by the Company or any of its subsidiaries (as conducted now or as those businesses come to be conducted during the term of Executive’s employment), nor engage in any other activities that conflict with where Executive’s obligations performance of such business or activity has caused, or would or might cause, Executive to disclose, base judgments on or use any Confidential Information (as defined in the Confidentiality Agreement) acquired during or in the course of Executive’s employment with the Company or impair customer, vendor or business partner relations or the Company’s goodwill, or otherwise cause special harm to the Company and its subsidiaries.Company; (b) attempt to negatively influence any of the Company’s and its subsidiaries’ clients or customers from purchasing Company products or services or to solicit or influence or attempt to influence any client, customer or other person either directly or indirectly, to direct his or its purchase of the products and/or services of the Company or any of its subsidiaries to any person, firm, corporation, institution or other entity in competition with the business of the Company or any of and its subsidiaries.; (c) solicit solicit, induce, recruit, encourage, take away or influence or attempt to influence any person employed by or a consultant to the Company or any of its subsidiaries to terminate or otherwise cease his employment or consulting relationship with the Company or any of its subsidiaries or become an employee of any competitor of the Company or its subsidiaries.; and (d) engage in any other activities that conflict with those obligations of Executive to the Company and its subsidiaries that survive the termination of this Agreement or Executive’s employment with the Company. Executive agrees that breach of this Section 4.2 will cause substantial injury to the Company for which money damages will not provide an adequate remedy, and Executive agrees that the Company shall have the right to obtain injunctive relief, including the right to have this Section 4.2 specifically enforced by any court having equity jurisdiction, in addition to, and not in limitation of, any other remedies available to the Company under applicable law. The restrictions in Section 4.2(a) to (d) are regarded by the Company and Executive as fair and reasonable, and the Company and Executive hereby expressly confirm, declare and represent to each other that they are so regarded by them. However, it is hereby declared that each of the restrictions in this Section 4.2 is intended to be separate and severable. If any restriction is held to be unreasonably wide but would be valid if part of the wording were to be deleted or the range of activities or businesses were to be reduced in scope, such restriction will apply with so much of the wording deleted or modified as may be necessary to make it valid.

Protection of Confidential Information; Non-Competition. 4.1 Executive Employee shall sign, or has signed, a Confidential Information and Invention Assignment Agreement attached hereto as Exhibit B (the “Confidentiality Agreement”). Executive Employee hereby represents and warrants to Company DIDC that he has complied with all obligations under the Confidentiality Agreement and agrees to continue to abide by the terms of the Confidentiality Agreement and further agrees that the provisions of the Confidentiality Agreement shall survive any termination of this Agreement or of ExecutiveEmployee’s employment relationship with CompanyDIDC and its subsidiaries. 4.2 Executive 6.1 Employee hereby agrees that he shall not, during his employment pursuant to this Agreement and for a period of twenty-four twenty (24) months thereafter, do any of the following without the prior written consent of the Board of Directors: (a) carry on any business or activity (whether directly or indirectly, as a partner, shareholder, principal, agent, director, affiliate, employee or consultant) which is competitive with the business conducted by the Company DIDC or any of its subsidiaries (as conducted now or as those businesses come to be conducted during the term of Executive’s Employee's employment), nor engage in any other activities that conflict with ExecutiveEmployee’s obligations to the Company DIDC and its subsidiaries, without the prior consent of the Board of Directors. (b) solicit or influence or attempt to influence any client, customer or other person either directly or indirectly, to direct his or its purchase of the products and/or services of the Company or any of its subsidiaries to any person, firm, corporation, institution or other entity in competition with the business of the Company or any of its subsidiaries. (c) solicit or influence or attempt to influence any person employed by or a consultant to the Company or any of its subsidiaries to terminate or otherwise cease his employment or consulting relationship with the Company or any of its subsidiaries or become an employee of any competitor of the Company or its subsidiaries. (d) Executive 6.2 Employee agrees that breach of this Section 4.2 6.1 will cause substantial injury to the Company DIDC for which money damages will not provide an adequate remedy, and Executive Employee agrees that the Company DIDC shall have the right to obtain injunctive relief, including the right to have this Section 4.2 6.1 specifically enforced by any court having equity jurisdiction, in addition to, and not in limitation of, any other remedies available to the Company DIDC under applicable law.

Protection of Confidential Information; Non-Competition. 4.1 Executive shall sign, or has signed, a Confidential Information and Invention Assignment Agreement (the “Confidentiality Agreement”). ) attached hereto as Exhibit A. Executive hereby represents and warrants to the Company that he has complied with all obligations under the Confidentiality Agreement and agrees to continue to abide by the terms of the Confidentiality Agreement and further agrees that the provisions of the Confidentiality Agreement shall survive any termination of this Agreement or of Executive’s employment relationship with the Company. 4.2 Executive hereby agrees that he shall not, during his employment pursuant to this Agreement and for a period of twenty-four twelve (2412) months thereafter, do any of the following without the prior written consent of the Board of Directors: (a) carry on any business or activity (whether directly or indirectly, as a partner, shareholder, principal, agent, director, affiliate, employee or consultant) in any parts of the Peoples’ Republic of China where the Company or any of its subsidiaries conduct their business, which is competitive with the business conducted by the Company or any of its subsidiaries (as conducted now or as those businesses come to be conducted during the term of Executive’s employment), nor engage in any other activities that conflict with Executive’s obligations to the Company and its subsidiaries. (b) solicit or influence or attempt to influence any client, customer or other person either directly or indirectly, to direct his or its purchase of the products and/or services of the Company or any of its subsidiaries to any person, firm, corporation, institution or other entity in competition with the business of the Company or any of its subsidiaries. (c) solicit or influence or attempt to influence any person employed by or a consultant to the Company or any of its subsidiaries to terminate or otherwise cease his employment or consulting relationship with the Company or any of its subsidiaries or become an employee of any competitor of the Company or its subsidiaries. (d) Executive agrees that breach of this Section 4.2 will cause substantial injury to the Company for which money damages will not provide an adequate remedy, and Executive agrees that the Company shall have the right to obtain injunctive relief, including the right to have this Section 4.2 specifically enforced by any court having equity jurisdiction, in addition to, and not in limitation of, any other remedies available to the Company under applicable law. (e) The restrictions in Section 4.2(a) to (c) are regarded by the Company and Executive as fair and reasonable, and the Company and Executive hereby expressly confirm, declare and represent to each other that they are so regarded by them. However, it is hereby declared that each of the restrictions in this Section 4.2 is intended to be separate and severable. If any restriction is held to be unreasonably wide but would be valid if part of the wording were to be deleted or the range of activities or businesses were to be reduced in scope, such restriction will apply with so much of the wording deleted or modified as may be necessary to make it valid.