Common use of Records and Confidential Information Clause in Contracts

Records and Confidential Information. (a) Executive acknowledges that, in connection with the performance of his duties during the term of this Agreement, the Company will make available to Executive, or Executive will have access to, certain Confidential Information (as defined below) and Trade Secrets (as defined by the Uniform Trade Secrets Act) of the Company and its affiliates. Executive acknowledges and agrees that any and all Confidential Information or Trade Secrets of the Company learned or obtained by Executive during the course of his employment by the Company or otherwise (including, without limitation, information that Executive obtained through or in connection with his ownership of and employment by the Company prior to the date hereof) whether developed by Executive alone or in conjunction with others or otherwise, shall be and is the property of the Company and its affiliates. (b) Confidential Information and Trade Secrets of the Company will be kept confidential by Executive, will not be used in any manner which is detrimental to the Company, will not be used other than in connection with Executive's discharge of his duties hereunder, and will be safeguarded by Executive from unauthorized disclosure. (c) Following Executive's termination hereunder, as soon as possible after the Company's written request, Executive will return to the Company all written Confidential Information and Trade Secrets of the Company will have been provided to Executive, and Executive will destroy all copies of any analyses, compilations, studies or other documents prepared by Executive or for Executive's use containing or reflecting any Confidential Information or Trade Secrets of the Company. Within 5 business days of the receipt of such request by Executive, Executive shall, upon written request of the Company, deliver to the Company a notarized document certifying that such written Confidential Information and Trade Secrets of the Company have been returned or destroyed in accordance with this Section. (d) For the purposes of this Agreement, "Confidential Information" shall mean all confidential and proprietary information to the Company, and its affiliates, including, without limitation, the Company's marketing strategies, pricing policies or characteristics, customers and customer information, product or product specifications, designs, manufacturing processes, manufacturing costs, cost of materials, customer lists, business or business prospects, plans, proposals, codes, marketing studies, research, reports, investigations, or other information of similar character. For purposes of this Agreement, Confidential Information shall not include and

Appears in 2 contracts

Samples: Executive Employment Agreement (N2h2 Inc), Executive Employment Agreement (N2h2 Inc)

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Records and Confidential Information. (a) Executive acknowledges that, in connection with the performance of his duties during the term Term of this Agreement, the Company will make available to Executive, or Executive will have access to, certain Confidential Information (as defined below) and Trade Secrets (as defined by the Uniform Trade Secrets Act) of the Company and its affiliates. Executive acknowledges and agrees that any and all Confidential Information or Trade Secrets of the Company learned or obtained by Executive during the course of his employment by the Company or otherwise (including, without limitation, information that Executive obtained through or in connection with his ownership of and employment by the Company prior to the date hereof) whether developed by Executive alone or in conjunction with others or otherwise, shall be and is the property of the Company and its affiliates. (b) Confidential Information and Trade Secrets of the Company will be kept confidential by Executive, will not be used in any manner which is detrimental to the Company, will not be used other than in connection with Executive's discharge of his duties hereunder, and will be safeguarded by Executive from unauthorized disclosure. (c) Following Executive's termination hereunder, as soon as possible after the Company's written request, Executive will return to the Company all written Confidential Information and Trade Secrets of the Company will have been provided to Executive, and Executive will destroy all copies of any analyses, compilations, studies or other documents prepared by Executive or for Executive's use containing or reflecting any Confidential Information or Trade Secrets of the Company. Within 5 business days of the receipt of such request by Executive, Executive shall, upon written request of the Company, deliver to the Company a notarized document certifying that such written Confidential Information and Trade Secrets of the Company have been returned or destroyed in accordance with this Section. (d) For the purposes of this Agreement, "Confidential Information" shall mean all confidential and proprietary information to the Company, and its affiliates, including, without limitation, the Company's marketing strategies, pricing policies or characteristics, customers and customer information, product or product specifications, designs, manufacturing processes, manufacturing costs, cost of materials, customer lists, business or business prospects, plans, proposals, codes, marketing studies, research, reports, investigations, or other information of similar character. For purposes of this Agreement, Confidential Information shall not include and

Appears in 2 contracts

Samples: Executive Employment Agreement (N2h2 Inc), Executive Employment Agreement (N2h2 Inc)

Records and Confidential Information. (a) Executive acknowledges that, in connection with the performance of his duties during the term of this Agreement, the Company will make available to Executive, or Executive will have access to, certain Confidential Information (as defined below) and Trade Secrets (as defined by the Uniform Trade Secrets Act) of the Company and its affiliates. Executive acknowledges and agrees that any and all Confidential Information or Trade Secrets of the Company learned or obtained by Executive during the course of his employment by the Company or otherwise (including, without limitation, information that Executive obtained through or in connection with his ownership of and employment by the Company prior to the date hereof) whether developed by Executive alone or in conjunction with others or otherwise, shall be and is the property of the Company and its affiliates. (b) Confidential Information and Trade Secrets of the Company will be kept confidential by Executive, will not be used in any manner which is detrimental to the Company, will not be used other than in connection with Executive's discharge of his duties hereunder, and will be safeguarded by Executive from unauthorized disclosure. (c) Following Immediately upon Executive's termination hereunder, as soon as possible after the Company's written request, Executive will return to the Company all written Confidential Information and Trade Secrets of the Company will have been provided to Executive, and Executive will destroy all copies (whether stored on magnetic tape, hard copy, as computer data, or otherwise) of any analyses, compilations, studies or other documents (whether stored on magnetic tape, hard copy, as computer data, or otherwise) prepared by Executive or for Executive's use containing or reflecting any Confidential Information or Trade Secrets of the Company. Within 5 five business days of the receipt of such request by Executive, 's termination hereunder Executive shall, upon written request of the Company, will deliver to the Company a notarized document certifying that such written Confidential Information and Trade Secrets of the Company have been returned or destroyed in accordance with this Section. (d) For the purposes of this Agreement, "Confidential Information" shall mean all confidential and proprietary information to the Company, and its affiliates, including, without limitation, the Company's marketing strategies, pricing policies or characteristics, customers and customer information, product or product specifications, designs, manufacturing processes, manufacturing costs, cost of materials, customer lists, business or business prospects, plans, proposals, codes, marketing studies, research, reports, investigations, or other information of similar character. For purposes of this Agreement, Confidential Information shall not include andand Executive's obligations under this Section shall not extend to (i) information which is generally available to the public or within the industry, (ii) information obtained by Executive from third persons not under agreement to maintain the confidentiality of the same and (iii) information which is required to be disclosed by law or legal process.

Appears in 1 contract

Samples: Executive Employment Agreement (N2h2 Inc)

Records and Confidential Information. (a) Executive acknowledges that, in connection with the performance of his duties during the term of this Agreement, the Company will make available to Executive, or Executive will have access to, certain Confidential Information (as defined below) and Trade Secrets (as defined by the Uniform Trade Secrets Act) of the Company and its affiliates. Executive acknowledges and agrees that any and all Confidential Information or Trade Secrets of the Company learned or obtained by Executive during the course of his employment by the Company or otherwise (including, without limitation, information that Executive obtained through or in connection with his ownership of and employment by the Company prior to the date hereof) whether developed by Executive alone or in conjunction with others or otherwise, shall be and is the property of the Company and its affiliates. (b) Confidential Information and Trade Secrets of the Company will be kept confidential by Executive, will not be used in any manner which is detrimental to the Company, will not be used other than in connection with Executive's discharge of his duties hereunder, and will be safeguarded by Executive from unauthorized disclosure. (c) Following Executive's termination hereunder, as soon as possible after the Company's written request, Executive will return to the Company all written Confidential Information and Trade Secrets of the Company will have been provided to Executive, and Executive will destroy all copies of any analyses, compilations, studies or other documents prepared by Executive or for Executive's use containing or reflecting any Confidential Information or Trade Secrets of the Company. Within 5 business days of the receipt of such request by Executive, Executive shall, upon written request of the Company, deliver to the Company a notarized document certifying that such written Confidential Information and Trade Secrets of the Company have been returned or destroyed in accordance with this Section. (d) For the purposes of this Agreement, "Confidential Information" shall mean all confidential and proprietary information to the Company, and its affiliates, including, without limitation, the Company's marketing strategies, pricing policies or characteristics, customers and customer information, product or product specifications, designs, manufacturing processes, manufacturing costs, cost of materials, customer lists, business or business prospects, plans, proposals, codes, marketing studies, research, reports, investigations, or other information of similar character. For purposes of this Agreement, Confidential Information shall not include andand Executive's obligations under this Section shall not extend to (i) information which is generally available to the public or within the industry, (ii) information obtained by Executive from third

Appears in 1 contract

Samples: Executive Employment Agreement (N2h2 Inc)

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Records and Confidential Information. (a) Executive acknowledges that, in connection with the performance of his duties during the term Term of this Agreement, the Company will make available to Executive, or Executive will have access to, certain Confidential Information (as defined below) and Trade Secrets (as defined by the Uniform Trade Secrets Act) of the Company and its affiliates. Executive acknowledges and agrees that any and all Confidential Information or Trade Secrets of the Company learned or obtained by Executive during the course of his employment by the Company or otherwise (including, without limitation, information that Executive obtained through or in connection with his ownership of and employment by the Company prior to the date hereof) whether developed by Executive alone or in conjunction with others or otherwise, shall be and is the property of the Company and its affiliates. (b) Confidential Information and Trade Secrets of the Company will be kept confidential by Executive, will not be used in any manner which is detrimental to the Company, will not be used other than in connection with Executive's discharge of his duties hereunder, and will be safeguarded by Executive from unauthorized disclosure. (c) Following Executive's termination hereunder, as soon as possible after the Company's written request, Executive will return to the Company all written Confidential Information and Trade Secrets of the Company will have been provided to Executive, and Executive will destroy all copies of any analyses, compilations, studies or other documents prepared by Executive or for Executive's use containing or reflecting any Confidential Information or Trade Secrets of the Company. Within 5 business days of the receipt of such request by Executive, Executive shall, upon written request of the Company, deliver to the Company a notarized document certifying that such written Confidential Information and Trade Secrets of the Company have been returned or destroyed in accordance with this Section. (d) For the purposes of this Agreement, "Confidential Information" shall mean all confidential and proprietary information to the Company, and its affiliates, including, without limitation, the Company's marketing strategies, pricing policies or characteristics, customers and customer information, product or product specifications, designs, manufacturing processes, manufacturing costs, cost of materials, customer lists, business or business prospects, plans, proposals, codes, marketing studies, research, reports, investigations, or other information of similar character. For purposes of this Agreement, Confidential Information shall not include andand Executive's obligations under this Section shall not extend to (i) information which is generally available to the public or within the industry, (ii) information obtained by Executive from third persons not under agreement to maintain the confidentiality of the same and (iii) information which is required to be disclosed by law or legal process.

Appears in 1 contract

Samples: Executive Employment Agreement (N2h2 Inc)

Records and Confidential Information. (a) Executive acknowledges that, in connection with the performance of his duties during the term Term of this Agreement, the Company will make available to Executive, or Executive will have access to, certain Confidential Information (as defined below) and Trade Secrets (as defined by the Uniform Trade Secrets Act) of the Company and its affiliates. Executive acknowledges and agrees that any and all Confidential Information or Trade Secrets of the Company learned or obtained by Executive during the course of his employment by the Company or otherwise (including, without limitation, information that Executive obtained through or in connection with his ownership of and employment by the Company prior to the date hereof) whether developed by Executive alone or in conjunction with others or otherwise, shall be and is the property of the Company and its affiliates. (b) Confidential Information and Trade Secrets of the Company will be kept confidential by Executive, will not be used in any manner which is detrimental to the Company, will not be used other than in connection with Executive's discharge of his duties hereunder, and will be safeguarded by Executive from unauthorized disclosure. (c) Following Executive's termination hereunder, as soon as possible after the Company's written request, Executive will return to the Company all written Confidential Information and Trade Secrets of the Company will have been provided to Executive, and Executive will destroy all copies of any analyses, compilations, studies or other documents prepared by Executive or for Executive's use containing or reflecting any Confidential Information or Trade Secrets of the Company. Within 5 business days of the receipt of such request by Executive, Executive shall, upon written request of the Company, deliver to the Company a notarized document certifying that such written Confidential Information and Trade Secrets of the Company have been returned or destroyed in accordance with this Section. (d) For the purposes of this Agreement, "Confidential Information" shall mean all confidential and proprietary information to the Company, and its affiliates, including, without limitation, the Company's marketing strategies, pricing policies or characteristics, customers and customer information, product or product specifications, designs, manufacturing processes, manufacturing costs, cost of materials, customer lists, business or business prospects, plans, proposals, codes, marketing studies, research, reports, investigations, or other information of similar character. For purposes of this Agreement, Confidential Information shall not include andand Executive's obligations under this Section shall not extend to (i) information which is generally available to the public or within the industry, (ii) information obtained by Executive from third

Appears in 1 contract

Samples: Executive Employment Agreement (N2h2 Inc)

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