Protection of Documents. All (i) notes, memoranda, reports, lists, letters, documents, records, specifications, software programs, software code, data, tapes and other media of every kind, form and description relating to or within the scope of the business of the Company or any of its Affiliates and any copies, in whole or in part, thereof (collectively, the "Documents"), whether or not prepared by the Employee, and (ii) all computers, cellular telephones, pagers, credit and/or calling cards, keys, access cards or other personal property of or relating to the Company or any of its Affiliates (collectively, the "Property") shall be the sole and exclusive property of the Company. The Employee shall safeguard all Documents and Property and shall surrender to the Company within five (5) days of the date of termination of the Employee, or at such earlier time or times as the Board of Managers or its designee may specify, all Documents and Property then in the Employee's possession or control; provided, however, that the Employee may retain a copy of any personnel-related materials relating to his or her employment with the Company, including, but not limited to, this Agreement, any compensation or benefit plan or program, or any awards or evidence of participation in such plans or programs, or any other communications to or from the Company related to Employee's employment. During the Employee's term of employment, the Employee shall not make, use or permit to be used any Documents or Property otherwise than for the benefit of the Company. After the Employee's term of employment, the Employee shall not use or permit others to use any Documents or Property. This Section 6.2 and Section 6.1 shall not be construed to unreasonably restrict the Employee's ability to disclose Proprietary Information in an arbitration or court proceeding regarding the assertion of, or defense against, any claim of breach of this Agreement.
Appears in 13 contracts
Samples: Restricted Unit Agreement (Westminster-Refco Management LLC), Restricted Unit Agreement (Refco Information Services, LLC), Restricted Unit Agreement (Refco Information Services, LLC)
Protection of Documents. All (i) notes, memoranda, reports, lists, letters, documents, records, specifications, software programs, software code, data, tapes and other media of every kind, form and description relating to or within the scope of the business of the Company or any of its Affiliates and any copies, in whole or in part, thereof (collectively, the "“Documents"”), whether or not prepared by the EmployeeGrantee, and (ii) all computers, cellular telephones, pagers, credit and/or calling cards, keys, access cards or other personal property of or relating to the Company or any of its Affiliates (collectively, the "“Property"”) shall be the sole and exclusive property of the Company. The Employee Grantee shall safeguard all Documents and Property and shall surrender to the Company within five (5) days of the date of termination of the Employeeservice of Grantee, or at such earlier time or times as the Board of Managers or its designee may specify, all Documents and Property then in the Employee's Grantee’s possession or control; provided, however, that the Employee Grantee may retain a copy of any personnel-related materials relating to his or her employment with service to the CompanyCompany as a member of the Board, including, but not limited to, this Agreement, any compensation or benefit plan or program, or any awards or evidence of participation in such plans or programs, or any other communications to or from the Company related to Employee's employmentGrantee’s service to the Company as a member of the Board. During the Employee's term Grantee’s service to the Company as a member of employmentthe Board, the Employee Grantee shall not make, use or permit to be used any Documents or Property otherwise than for the benefit of the Company. After the Employee's term Grantee’s termination of employmentservice to the Company, the Employee Grantee shall not use or permit others to use any Documents or Property. This Section 6.2 and Section 6.1 6 shall not be construed to unreasonably restrict the Employee's Grantee’s ability to disclose Proprietary Information in an arbitration or court proceeding regarding the assertion of, or defense against, any claim of breach of this Agreement.
Appears in 6 contracts
Samples: Restricted Unit Agreement (Westminster-Refco Management LLC), Restricted Unit Agreement (Refco Inc.), Restricted Unit Agreement (Westminster-Refco Management LLC)
Protection of Documents. All (i) notes, memoranda, reports, lists, letters, documents, records, specifications, software programs, software code, data, tapes and other media of every kind, form and description relating to or within the scope of the business of the Company or any of its Affiliates and any copies, in whole or in part, thereof (collectively, the "“Documents"”), whether or not prepared by the Employee, and (ii) all computers, cellular telephones, pagers, credit and/or calling cards, keys, access cards or other personal property of or relating to the Company or any of its Affiliates (collectively, the "“Property"”) shall be the sole and exclusive property of the Company. The Employee shall safeguard all Documents and Property and shall surrender to the Company within five (5) days of the date of termination of the Employee, or at such earlier time or times as the Board of Managers or its designee may specify, all Documents and Property then in the Employee's ’s possession or control; provided, however, that the Employee may retain a copy of any personnel-related materials relating to his or her employment with the Company, including, but not limited to, this Agreement, any compensation or benefit plan or program, or any awards or evidence of participation in such plans or programs, or any other communications to or from the Company related to Employee's ’s employment. During the Employee's ’s term of employment, the Employee shall not make, use or permit to be used any Documents or Property otherwise than for the benefit of the Company. After the Employee's ’s term of employment, the Employee shall not use or permit others to use any Documents or Property. This Section 6.2 and Section 6.1 shall not be construed to unreasonably restrict the Employee's ’s ability to disclose Proprietary Information in an arbitration or court proceeding regarding the assertion of, or defense against, any claim of breach of this Agreement.
Appears in 4 contracts
Samples: Restricted Unit Agreement (Refco Inc.), Restricted Unit Agreement (Refco Inc.), Restricted Unit Agreement (Refco Group Ltd., LLC)
Protection of Documents. All (i) notes, memoranda, reports, lists, letters, documents, records, specifications, software programs, software code, data, tapes and other media of every kind, form and description relating to or within the scope of the business of the Company or any of its Affiliates and any copies, in whole or in part, thereof (collectively, the "Documents"), whether or not prepared by the Employee, and (ii) all computers, cellular telephones, pagers, credit and/or calling cards, keys, access cards or other personal property of or relating to the Company or any of its Affiliates (collectively, the "Property") shall be the sole and exclusive property of the Company. The Employee shall safeguard all Documents and Property and shall surrender to the Company within five (5) days of the date of termination of the Employee, or at such earlier time or times as the Board of Managers Directors or its designee may specify, all Documents and Property then in the Employee's possession or control; provided, however, that the Employee may retain a copy of any personnel-related materials relating to his or her employment with the Company, including, but not limited to, this Agreement, any compensation or benefit plan or program, or any awards or evidence of participation in such plans or programs, or any other communications to or from the Company related to Employee's employment. During the Employee's term of employment, the Employee shall not make, use or permit to be used any Documents or Property otherwise than for the benefit of the Company. After the Employee's term of employment, the Employee shall not use or permit others to use any Documents or Property. This Section 6.2 and Section 6.1 shall not be construed to unreasonably restrict the Employee's ability to disclose Proprietary Information in an arbitration or court proceeding regarding the assertion of, or defense against, any claim of breach of this Agreement.
Appears in 1 contract
Protection of Documents. All (i) notes, memoranda, reports, lists, letters, documents, records, specifications, software programs, software code, data, tapes and other media of every kind, form and description relating to or within the scope of the business of the Company or any of its Affiliates and any copies, in whole or in part, thereof (collectively, the "Documents"), whether or not prepared by the EmployeeGrantee, and (ii) all computers, cellular telephones, pagers, credit and/or calling cards, keys, access cards or other personal property of or relating to the Company or any of its Affiliates (collectively, the "Property") shall be the sole and exclusive property of the Company. The Employee Grantee shall safeguard all Documents and Property and shall surrender to the Company within five (5) days of the date of termination of the Employeeservice of Grantee, or at such earlier time or times as the Board of Managers or its designee may specify, all Documents and Property then in the EmployeeGrantee's possession or control; provided, however, that the Employee Grantee may retain a copy of any personnel-related materials relating to his or her employment with service to the CompanyCompany as a member of the Board, including, but not limited to, this Agreement, any compensation or benefit plan or program, or any awards or evidence of participation in such plans or programs, or any other communications to or from the Company related to EmployeeGrantee's employmentservice to the Company as a member of the Board. During the EmployeeGrantee's term service to the Company as a member of employmentthe Board, the Employee Grantee shall not make, use or permit to be used any Documents or Property otherwise than for the benefit of the Company. After the EmployeeGrantee's term termination of employmentservice to the Company, the Employee Grantee shall not use or permit others to use any Documents or Property. This Section 6.2 and Section 6.1 6 shall not be construed to unreasonably restrict the EmployeeGrantee's ability to disclose Proprietary Information in an arbitration or court proceeding regarding the assertion of, or defense against, any claim of breach of this Agreement.
Appears in 1 contract