Common use of Residuals Clause in Contracts

Residuals. This Agreement shall not restrict an individual who is an employee or representative of a Party from using ideas, concepts or know-how relating to the provision of information technology, network management and data processing products and services that are retained solely in the unaided memory of such individual after performing the obligations of such Party under this Agreement, except to the extent that such use infringes upon any patent, copyright or trademark right of a Party (or in the case of DIR any DIR Customer) or its Affiliates; provided, however, that this Section 14.5(d) shall not operate or be construed as permitting an employee or representative of Service Provider to disclose, publish, disseminate or use (i) the source of any proprietary information of DIR or a DIR Customer, (ii) any financial, statistical or personnel information of DIR or a DIR Customer, or (iii) the operational plans of DIR or the DIR Customers. An individual's memory is unaided if the individual has not intentionally memorized the information for the purpose of retaining and subsequently using or disclosing it as otherwise permitted under this Section 14.5(d) and does not identify the information as Confidential Information upon recollection.

Residuals. This Agreement shall not restrict an individual who is an employee or representative of a Party from using ideas, concepts concepts, or know-how relating to the provision of information technology, network management and data processing products and services that are retained solely in the unaided memory of such individual after performing the obligations of such Party under this Agreement, except to the extent that such use infringes upon any patent, copyright or trademark right of a Party (or in the case of DIR any DIR Customer) or its Affiliates; provided, however, that this Section 14.5(d) shall not operate or be construed as permitting an employee or representative of Service Provider Successful Respondent to disclose, publish, disseminate disseminate, or use (i) the source of any proprietary information of DIR or a DIR Customer, (ii) any financial, statistical or personnel information of DIR or a DIR Customer, or (iii) the operational plans of DIR or the DIR Customers. An individual's memory is unaided if the individual has not intentionally memorized the information for the purpose of retaining and subsequently using or disclosing it as otherwise permitted under this Section 14.5(d) and does not identify the information as Confidential Information upon recollection.

Residuals. This Agreement shall not restrict an individual who is an employee or representative of a Party from using ideas, concepts concepts, or know-how relating to the provision of information technology, network management management, security management, and data processing products and services that are retained solely in the unaided memory of such individual after performing the obligations of such Party under this Agreement, except to the extent that such use infringes upon any patent, copyright copyright, or trademark right of a Party (or in the case of DIR any DIR Customer) or its Affiliates; provided, however, that this Section 14.5(d) shall not operate or be construed as permitting an employee or representative of Service Provider to disclose, publish, disseminate disseminate, or use (i) the source of any proprietary information of DIR or a DIR Customer, ; (ii) any financial, statistical statistical, or personnel information of DIR or a DIR Customer, ; or (iii) the operational plans of DIR or the DIR Customers. An individual's memory is unaided if the individual has not intentionally memorized the information for the purpose of retaining and subsequently using or disclosing it as otherwise permitted under this Section 14.5(d) and does not identify the information as Confidential Information upon recollection.

Residuals. This Agreement shall not restrict an individual who is an employee or representative of a Party from using ideas, concepts or know-how relating to the provision of information technology, network management and data processing products and services that are retained solely in the unaided memory of such individual after performing the obligations of such Party under this Agreement, except to the extent that such use infringes upon any patent, copyright or trademark right of a Party (or in the case of DIR any DIR Customer) or its Affiliates; provided, however, that this Section 14.5(d) shall not operate or be construed as permitting an employee or representative of Service Provider to disclose, publish, disseminate or use (i) the source of any proprietary information of DIR or a DIR Customer, (ii) any financial, statistical or personnel information of DIR or a DIR Customer, or (iii) the operational plans of DIR or the DIR Customers. An individual's memory is unaided if the individual has not intentionally memorized the information for the purpose of retaining and subsequently using or disclosing it as otherwise permitted under this Section 14.5(d1 4.5(d) and does not identify the information as Confidential Information upon recollection.