Common use of Protection of Proprietary Information Clause in Contracts

Protection of Proprietary Information. (a) The Executive shall not at any time during his or her employment or at any time thereafter, without consent of the Company, disclose to any person any material confidential information obtained by the Executive while employed by the Company unless the disclosure of such information is required by law, or is made in connection with the proper performance of the Executive's duties with the Company. For the purposes of this Agreement, "confidential information" shall not include any information (i) known generally to the public; or (ii) accessible to a third party on an unrestricted basis. (b) The Executive agrees that he or she will not, directly or indirectly, during the Agreement Term while employed by the Company and for a period of twelve (12) months from the date he or she ceases to be an employee of the Company, for the benefit of any Business, solicit or offer employment to any officer of the Company employed or engaged by the Company at the time he or she ceased to be employed by the Company, or who was an employee with the Company during the twelve (12) month period immediately preceding such time, PROVIDED THAT, nothing in this paragraph 5 shall restrict any recruitment by means of general advertisement. Nothing in this paragraph 6 shall be construed to adversely affect the rights that the Company would possess in the absence of the provisions of such paragraph.

Protection of Proprietary Information. (a) The Executive shall not at any time during his or her employment or at any time thereafter, without consent of the Company, disclose to any person any material confidential information obtained by the Executive while employed by the Company unless the disclosure of such information is required by law, or is made in connection with the proper performance of the Executive's duties with the Company. For the purposes of this Agreement, "confidential information" shall not include any information (i) known generally to the public; or (ii) accessible to a third party on an unrestricted basis. (b) The Executive agrees that he or she will not, directly or indirectly, during the Agreement Term while employed by the Company and for a period of twelve (12) months from the date he or she ceases to be an employee of the Company, for the benefit of any Business, solicit or offer employment to any officer of the Company employed or engaged by the Company at the time he or she ceased to be employed by the Company, or who was an employee with the Company during the twelve (12) month period immediately preceding such time, PROVIDED THATprovided that, nothing in this paragraph 5 shall restrict any recruitment by means of general advertisement. Nothing in this paragraph 6 shall be construed to adversely affect the rights that the Company would possess in the absence of the provisions of such paragraph.